Australian Consumer Law and phone cases...

Lplayswithfire on 28/12/2016 - 18:58

Hi everyone… I recently bought the Sony Xperia XA phone in this Ozbargain deal for my daughter for christmas. I also bought her a protective case for it on ebay which claimed "Optimal lift to protect against screen damage". She loved it. Thought it was awesome. Unfortunately, in her excitement yesterday, taking it out of her pocket, it slipped from her hand, onto the concrete and the screen is smashed. It lasted a whole two days :(

Sony's support says the phone screen repair will be $240-250. For a phone I purchased from them for $229!!

As most of us are aware, in Australia there is the Australian Consumer Law which warrants that goods must be fit for purpose. I purchased the case for it with the expectation that it would protect against screen damage as stated in the advertisement. I have already complained to the ebay seller that the case they sold me did not do what it stated and I've been offered a refund for case - but in this case, I'm wondering if they are also liable for the screen replacement as well since the product was clearly not fit for purpose.

Curious everyone's thoughts?

Mobile

Comments

  • StewBalls on 28/12/2016 - 19:03
    +10

    Forget it, buy another phone & chalk it up to shit happens! Maybe shop around for cheaper repairs, but there's too many variables here for you to make a solid ACL case (no pun intended).

    I love a fight as much as the next guy, but based on what you've said despite case marketing hyperbole, this is one you won't win.

    • playswithfire on 28/12/2016 - 22:44
      +1

      I'm quite bitter that the quote for repair is more than the purchase price! But yeah… chalking it up to experience. :(

  • jimbobaus on 28/12/2016 - 19:15

    1) does the case packaging or advertisement say: Guaranteed to protect screen in event of phone being dropped or does it simply say protect against screen damage?
    2) If it says protects against screen damage, does it say in what instances it would protect it as in, a drop from 1m? 2m? 3m?
    If it is not specific then sadly you have no leg to stand on.
    Unless you have some kind of written garauntee against damage if dropped,…

    No case is going to guarantee to protect against a drop, if you were to try launching a consumer law case i would expect you would be rejected for this reason.

    On top of this.. the seller has offered a refund for the case as it did not meet your expectations. This i suspect would be the best outcome you could expect if you did take it further.

    • [Deactivated] on 28/12/2016 - 19:38
      +1

      Funny part is many pictures on ebay show a sledgehammer unsuccessfully hammering a nail through the screen :). Another shows a power drill. Some bullets!!!

      • lplau on 28/12/2016 - 19:50
        +1

        don't believe everything you see on TV!

        • xoom on 28/12/2016 - 22:21
          +1

          But its on the internet. It must be true.

          — albert einstein

          /sarcasm

    • esosite on 28/12/2016 - 20:23
      +1

      Maybe if it was a life-proof, "this will survive a bulldozer running over it". then you would have a case, and if it wasn't sold on ebay from ? an international seller

  • supnigs super skids on 28/12/2016 - 19:30
    +2

    This is like paddling up poo creek using only paddle pop sticks.. Doesn't look good champ

  • lplau on 28/12/2016 - 19:44
    +2

    I wonder what case did you buy? Was it a brand name one or a el cheapo chinese knock off?
    Always check reviews online about the case you want to buy if its for protection.

    Otterbox and LifeProof does good rugged cases which will prevent a phone from breakage on fall, however pitfall to these is that the phone looks totally ugly afterwards.
    Otterbox are awesome, lol. my cousin uses it for his phone, and his kid has thrown the phone across the room onto a wall and then floor, and nothing is broken (maybe the wall is dinted…)

    If you want looks and want something which has decent protection, I would recommend going with a Legit Spigen Case, I've had their Neo Hybrid bumper on my Samsung Galaxy S6 (front and back is glass), and i've dropped it a dozen of times on concrete, no screen breakage yet (touch wood).

    Careful with Spigen, cheapest eBayer that i purchase from is ProGadgets, they are definitely legit. There is alot of eBay Chinese Knock offs on eBay.

    ACL would be too hard to claim in this instance, too many variables e.g. "What if there was a rock under it? we only said that it will protect it when fall flat with no obstacles below, see we drop it a few times and no issues…. (lab drop)"…. No way to prove that there was no other factor which caused the screen to break.

    • esosite on 28/12/2016 - 20:24

      +1 for spigen have had probably the neo hybrid bumper as well for iphone 6s and its a rock, never concerned about it breaking and has survived many falls without concern. They are pretty cheap from official site compared with others.

    • Islund on 28/12/2016 - 20:54

      in my experience spigen product that I purchased locally has been crap eg tempered glass screen protectors that do not fit. Even the replcements not fitting.

      the overseas sourced stuff is better

      • lplau on 28/12/2016 - 20:59

        Never tried their Tempered Glass Screen Protectors.
        I've always used Nuglas ones which are pretty good overall, pretty silky on the top very similar to the more expensive ones like Spigen Glas.t

    • playswithfire on 28/12/2016 - 22:48

      it was a cheapish case from a company called Head Case Design. they have a local office and it was sent out from Melbourne.

      • SnoozeAndLose on 29/12/2016 - 10:17

        Cheapish means their ad is just for fun, when it come to situation like this ,they will dodge all liabilities.

        Move on, find a way to earn the money back for a new phone

  • PVA on 28/12/2016 - 23:01

    nice phone too.

    Optimal lift to protect against screen damage - that is more that it makes a small gap so when you put the phone on a table, the screen wont be flush, therefore no screen damage from scratches.

    no cover will make the phone bomb proof - well no cover that your daughter would want on the phone.

    I bought my son a V20 phone and ordered an Incipio brand case - some of them actually say protect from 5 foot drop etc. but I would still not bet on it. for the XA they say drop test 3feet https://www.incipio.com/cases/smartphone-cases/sony-smartpho…

    buy a tempered grlass screen protector, they really work. (as well a rubber case). son used to break the screen of his lg g3 easily - once by it falling out his pocket while he was kneeling - 30cm drop smashed the screen. since the glass screen protector the protector gets cracks but the screen stays OK, then just buy another protector for under $10.

  • [Deactivated] on 28/12/2016 - 23:46

    good luck, they don't cover these things despite the numerous promises they make
    the case is fit for purpose, it fits the phone literally, thats about all it will do
    being more careful might be better insurance than trusting a phone case :)

    companies aren't out there to help customers, screen replacement is a ripoff, 250 for a phone worth 229 is a clear example

  • Davo1111 on 29/12/2016 - 06:03

    I'm wondering if they are also liable for the screen replacement as well since the product was clearly not fit for purpose.

    no. at best youd get a refund on the case. at best

    Chalk up to bad luck and move on.

    Also, train your daughter to hold onto stuff better.

  • Geewhizz on 29/12/2016 - 06:47

    Have you left feedback on your ebay purchase yet?

  • bluesky on 29/12/2016 - 08:34

    This is slightly off-topic, but might help. Check and see if you can claim any repairs or refund from your credit card, as some cards do offer purchase protection. If not, for your next phone, consider using a card that provides such cover, e.g. the Amex Essential card which gives you all these :

    • Smartphone Screen Insurance of up to $500 for screen repairs (with a 10% excess); allows 2 claims in a year.

    • Purchase Protection - if an item is stolen or breaks within 90 days of purchase, it can be repaired or refunded up to $2,500 per claim, up to $10,000 per year and with a $50 excess per claim.

    • Extended warranty - it extends manufacturer warranty by 12 months.

    Since there is no annual fee, it might be worth getting just for the phone screen insurance alone. So less worry about whether a phone case will do the job or not. Besides there is a bonus for applying, card is eligible for Amex cashback offers and earns rewards for purchases. More details of the card can be found in my post here.

    • playswithfire on 29/12/2016 - 11:15
      +1

      Thank you for that! It looks like the Citibank Clear Platinum card I used has the purchase protection option! :D

      It's going to cost $100, but thats a much better option. Thanks again!

      • bluesky on 29/12/2016 - 15:57

        Good to hear, at least you won't be out-of-pocket the entire amount!

  • [Deactivated] on 29/12/2016 - 16:30

    This isn't for everyone…but if you're interested you can actually buy a replacement screen and repair the phone yourself, it's only about $50 shipped… From my own experience, Xperia phones are pretty easy to repair.

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