Faulty Phone - Supplier Accusing Us of Lying and Refusing to Refund

drisbel on 30/03/2016 - 10:03
Last edited 30/03/2016 - 11:25 by 1 other user

Hi all,

I don't post here often but i'm hoping someone here can help with my situation. I'll try keep it as short as possible.

My fiance purchased a Nexus 5x from an 'Australian' website (it ended up being shipped from Hong Kong) in mid-February.
She initially ordered a Blue one, but was then emailed a week later saying they were out of stock, and to pick a Black or White one. She chose White.

On Feb 26, it finally arrived - but Black, not white. However this was the least of the issues. The charger was wrong and we would need to buy an adapter.
Once we turned the phone on, we immediately got an error message saying the device was corrupted. It eventually moved on from this screen, something about 'Encryption unsuccessful'. Basically these 2 screens continued to loop, couldn't do anything to stop it (I have images of all these screens that i can provide if need be). Tried Factory Resetting, but didn't resolve the issue. I looked up the problem online, it seemed to only happen when people tried to load a custom ROM onto the device - something myself or my fiance would never do and wouldn't even know how to do.

I immediately emailed the supplier to begin the process of returning the phone and requesting a refund. My fiance was currently without a phone as her one broke, so she needed this phone. We went out and bought another phone from a store because of this, so this broken phone was no longer needed and would need to be returned.

Basically, over the next week the supplier continued to refuse our claims that the phone would not work and repeatedly sent instructions on how to fix it - all things that we had already tried after reading up online. When i said i wanted a refund, not a replacement, they kept saying that a replacement would be sent - not at all what we wanted.

They finally picked up the phone on March 7th. I have been emailing them weekly until yesterday when we finally got a response:
I'm sorry for taking sometimes as the unit was sent to workshop for further review because our supplier advised that this is user fault.
The technician found out that there has been an attempt to install,reflash the different ROM and was failed. Unfortunately, this is not eligible for replacement.
Normally, there will be admin fees to had this fixed and returned, however once again i had talked this out with management team and we are happy to absorb the fees as a good gesture
Phone will be returned repaired to you.

So basically they are telling us that we are lying and we tried to load the ROM. 100% false. The phone arrived like that, we did not do anything to it.
We are $450 out of pocket and just want a refund. I was under the impression that if there was a major problem with a product you have purchased, you are entitled to request a refund, repair or replacement. Refund is the only option that is viable to us as the phone is no longer needed.

Is there anyone out there that can help?

Also, this website does not list a phone number to call - after they sent the above email i have since asked to be given a phone number to speak to management or for them to call me.

Thanking anyone that can help in advance.
Dan

Mobile

Related Stores

BecexTech
BecexTech

Comments

  • CyberMurning on 30/03/2016 - 10:15
    +3

    sorry i am missing a part of your story where the store finally approve you to send back the phone and then investigate and repaired it - for free.
    also has it been returned to you and now everything working? if so you can return your new phone to the local store (if just few weeks). or sell one and use the other (either)

    which store? dwi? t-dimension? qld ebay? kogan? cotd?

    • drisbel on 30/03/2016 - 10:22

      Phone hasn't been returned as yet, they still have it and have offered to send it back repaired. It's a site called Becextech

      • CyberMurning on 30/03/2016 - 10:26
        +7

        ah.. becextech… sometimes i wonder how come those mob still exist… well the answer is this post for example, —> because some people still buying from them.

        they famous of putting cheap item price so they in the top of the cheapest sellers on google but then charge amazing high shipping.

        • drisbel on 30/03/2016 - 10:26

          Yes, i've learnt my lesson now.. Never again! haha

        • CyberMurning on 30/03/2016 - 10:27
          -4

          @drisbel: no seal is quite normal for grey import but not always. dead on arrival they should fix. if their policy is no refund then take the repaired phone and sell. or return the harvey norman phone if possible.

        • drisbel on 30/03/2016 - 10:28

          @eisniwre: True, maybe i'll do that. Thanks heaps for your help, much appreciated!

        • [Deactivated] on 31/03/2016 - 13:02
          +4

          @eisniwre: their policy of "no refund" is illegal

        • ronnknee on 31/03/2016 - 13:18
          +2

          Lol does this "company" even have an ABN?

        • drisbel on 31/03/2016 - 13:32

          @ronnknee: someone i think found it somewhere on this thread on ABNLookup, so it looks as if they do. Somehow.

        • Serapis on 31/03/2016 - 21:03
          +2

          @drisbel:

          Thing is becextech.com.au is owned by BXT International Ltd which is not an Australian company. It is based in HK from what I could find.

          In theory they are still bound by The Australian Consumer Law. However it would be really difficult to enforce, even for ACCC, as they are based overseas.

          Even if ABN: 20066814590 lists trading name as BECEXTECH AUSTRALIA, it would be a stretch to enforce this upon them as:
          1. they are likely going to be difficult to locate as they are a sole trader and
          2. you need to prove this person is connected to the website you bought the product off

          The way it's set up means you're probably SOOL, they'll get away with it. You should just do a chargeback on your card instead and save the headache.

        • Slippery Fish on 01/04/2016 - 09:56

          @The Land of Smeg: not if they are based outside aus.

          Aus consumer law does not affect products purchased from shops located outside our boarders.

        • [Deactivated] on 01/04/2016 - 14:37
          +2

          @Slippery Fish: ACCC recently ruled against Valve Software (Steam). They are bound if they market to Australians and enforcement is going to be ramped up on this. This mob has a .com.au which will count against them.

        • btst7000 on 01/04/2016 - 23:32

          Personally I got my phone and a camera lens as well from them, it's been flawless for me both times.

    • [Deactivated] on 31/03/2016 - 23:11
      +1

      Its like Ko-gone, judging from the OP story, that's how they do business, grey import, no after purchase support, no warranty whatsoever.

      All they care about just to take your money and give you the product you didn't order.

      Typical business setup by immigrant with get-rich-quick scheme.

  • Flowerbomb on 30/03/2016 - 10:15
    -8

    What's wrong with accepting a replacement phone? Just because you no longer need a phone, a "change of mind" doesn't give it a good enough reason to cancel the purchase and NOT accepting the replacement phone. Try walking in Harvey Norman or Dick Smith and returning an item because you changed your mind. Definitely not allowed.

    DJs and Myer give a refund for any other reason under the sun because they want to maintain customer goodwill. I don't see why this company should, just because you don't need the phone and bought another one. You should have waited for them to reply before reinvesting in another phone. Even buying a $12 Telstra Cruise first would have minimised your loss.

    • drisbel on 30/03/2016 - 10:25
      +3

      Fair enough, I see your point here. Thanks for that. The only reason we went out and bought the new phone was becuase we knew it would take forever to be resolved (which it has - over a month). But yes i do see where you're coming from

    • Hellfire on 30/03/2016 - 11:02
      +8

      A major fault entitles the consumer to a refund or replacement (consumers choice) under Australian Consumer Law. https://www.accc.gov.au/consumers/consumer-rights-guarantees…

      The problem in this case is that the seller is accusing the buyer of damaging the phone.

      • drisbel on 30/03/2016 - 11:11
        +1

        That's what i read as well. We definitely didn't damage the phone. It arrived like that.

      • Flowerbomb on 30/03/2016 - 11:33
        -1

        Good point. But even though international websites are selling to Australian customer, I really doubt they will refund money due to a major fault. They will be out of postage two ways. Only chance is if there was paypal or credit card protection, hopefully the OP can try that.

        • drisbel on 30/03/2016 - 11:36

          Yeah, someone else just mentioned a charge back with the bank, so maybe we can look into that. Thanks all!

        • Hellfire on 30/03/2016 - 11:48
          -1

          Obviously it isn't in the retailers best interest to refund the customer but that is the risk they take by dropping shipping from overseas.

        • DingoBilly on 31/03/2016 - 10:44
          +2

          You can't just ignore the law because it's inconvenient for you….

        • Flowerbomb on 01/04/2016 - 06:41

          @PhilipJWitow: Yes but it's difficult to indict an international retailer from overseas. Not for a small purchase from a small retailer anyway.

          I'm not saying it's right but sometimes it's just not realistic. You cop the risk with grey imports.

    • aussieprepper on 01/04/2016 - 00:38

      Can you read? The only reason they bought the new phone was because this one came broken! why should they have to deal with this mess when none of it was there fault?
      They have a right to a refund for DOA items.

  • [Deactivated] on 30/03/2016 - 10:21
    -5

    if it arrived faulty then they are obligated to fix it

    they have done you a favor in my eyes

    • [Deactivated] on 31/03/2016 - 13:04
      +2

      They are obligated to Replace (if possible), Repair (if possible) or Refund - customer's choice if it fails within a short period.

  • SnoozeAndLose on 30/03/2016 - 10:22

    is the phone come in when the box seal or it has been opened?

    i think you just bought the phone from a doggy seller on the web.

    Do they have Australia ABN, if they do then you can lodge an complaint to fair Trading.

    • drisbel on 30/03/2016 - 10:23
      -1

      When we bought the new phone (the same one) from Harvey Norman, we noticed that the box was different. The HN one had 2 seals on it, where the one from the website had no seals whatsoever. We didn't think anything of it until we got the one from Harvey norman

      • SnoozeAndLose on 30/03/2016 - 10:27
        +2

        It is most likely not a Australia Stock, it is common when it is not Australia stock. I would search for the IMEI see if this match the box.

        It may be someone play up the phone and just swap the new one, may be it is the one working in the company.

        • Confucius on 01/04/2016 - 10:36

          Yeah there's no way it Aussie stock would be shipped straight out of Hong Kong.

        • GalaxyNexus on 01/04/2016 - 14:57
          -1

          @Confucius:

          If you buy from Google Store it is shipped straight from Hong Kong. With Australian-plugged charger. Totally legit.

  • CyberMurning on 30/03/2016 - 10:26
    +3

    ah.. becextech… sometimes i wonder how come those mob still exist… well the answer is this post for example, —> because some people still buying from them.

    they famous of putting cheap item price so they in the top of the cheapest sellers on google but then charge amazing high shipping.

    other online grey importers are good. i vouch for dwi. bought couple from them. no issues

    • drisbel on 30/03/2016 - 10:37

      noted, thanks! i'll look at purchasing off them next time! never again with this mob! Thanks for your help

      • Rifraf on 31/03/2016 - 14:45
        +1

        research for negative feedback on whirlpool forums etc and be aware when you are buying cheap that its a risk.
        This is why some only buy from a retail store.
        I didn't like the price I had to spend to buy my iPhone but after reading all the horror stories about people buying dodgy phones both online or gumtree, I decided to go to the Apple shop and stump up the readies simply for the peace of mind.

  • holdenmg on 30/03/2016 - 10:38
    +2

    Looks like it is a online purchase from BXT International Ltd, Reg No 1440086. (Hong Kong).

    • drisbel on 30/03/2016 - 10:44

      yeah, that's probably them.

  • Hellfire on 30/03/2016 - 11:07
    +4

    Did you pay by credit card? You can raise a charge back with your bank.

    • drisbel on 30/03/2016 - 11:12

      Pretty sure we did yeah, is there a time limit as to when you can do that and are they likely to do it in these circumstances?

      • Hellfire on 30/03/2016 - 11:31
        +2

        I know it used to be around 90 days. You can call your bank to discuss. Just keep it simple and stick to the facts.

        • drisbel on 30/03/2016 - 11:34

          Awesome, thanks heaps for that!

      • lysp on 31/03/2016 - 11:14

        They generally say 90 days, but that is a soft limit.

        There isn't really a time limit (within reason).

        I issued a charge back recently for a purchase 5-6 months ago.

        • drisbel on 31/03/2016 - 11:19

          Awesome, thanks for that. I was just thinking, i wouldn't be able to do this we've accepted the repaired phone back, would I?

        • lysp on 31/03/2016 - 11:26

          @drisbel:

          If it's in your possession then that makes it tricky - but you may be able to still send it back and ask for a refund - I'd talk to bank before doing this.

          If it's in their position it makes it a bit easier. State under ACL it has a major fault and you require a refund - which is within your rights - you don't have to accept a repair for a major fault.

          Then the supplier will have to have the argument with the bank rather than you.

          You have photos and emails, so that will help your argument and it'd be easy to provide that to the bank on request.

        • drisbel on 31/03/2016 - 11:31
          -1

          @lysp: Awesome, i'll keep all that in mind as we've already said we'll now accept the repaired phone from the sender. I still have a funny feeling that when we get it back it'll have the same problem, but i guess we just have to wait and see now.

  • deanylev on 30/03/2016 - 11:22
    -8

    Sure, they're accusing you of flashing it and damaging it, but they've offered to repair it for free. What's the issue exactly?

    • drisbel on 30/03/2016 - 11:28

      I came on here to question if it was reasonable to ask for a refund rather than a repair or replacement as the latter options weren't really going to help us and i was under the assumption after reading on the ACCC site that it was consumer choice as to what they preferred.
      Seems it would be easier to just accept the repaired phone then on-sell it.

      • deanylev on 30/03/2016 - 14:37
        -5

        I don't think so. I believe ACCC states repair for a minor problem, while replacement/refund for a major issue. I'd count a firmware problem like this as minor, so they're doing right by you, but only just.

        • [Deactivated] on 31/03/2016 - 13:05
          +6

          Non-working phone out of the box is a major issue. and the firmware should not have been fiddled with since leaving the manufacturer

    • endotherm on 30/03/2016 - 13:01
      +13

      Sure, they're accusing you of flashing it and damaging it, but they've offered to repair it for free. What's the issue exactly?

      I bought a new car, it had 40,000 km on the clock and had been wrapped around a pole. But it's alright because the guy that sold it to me did me a favour by fixing it for free and returning it to me a month later. I've been getting taxis while waiting for the new car I bought. Seems like a bargain to me.

      • drisbel on 30/03/2016 - 13:38
        +2

        Well said. This is exactly my point. I bought the product to use it, not to have them try to accuse me of damaging the phone then 'doing me a favour' by fixing it for free when i didn't even do it in the first place.

        • deanylev on 30/03/2016 - 14:38

          Yep endotherm makes a damn good point, I see where you're coming from.

      • deanylev on 30/03/2016 - 14:36
        +4

        Hmmm that's actually a very good analogy. Fair point.

      • sonu1111 on 31/03/2016 - 21:22

        I understand OP's situation and hope he will get refund . At the same time, your point doesn't state that you are buying your car locally or getting it shipped from another state. Your priority was to get cheaper price so you got car from another state and happy to pay for taxi until it arrived but unfortunately, when it arrived, it was DOA so you have to send it back, which means same time for sending back + repair + time to receive it again. You obviously paid for taxi in between that time as well but whose mistake is it? it is not, it is just being unfortunate.

        When you pay discounted price, there is always a catch. Go on Aliexpress and you will see all old iPhone models, Microsoft Lumia models which are so cheap but if you read their description carefully, it says Seller Refurbished.

        My point doesn't say that OP should have received handset which is practically DOA but buying grey import means extra time in everything - Receiving, warranty….

  • spackbace on 30/03/2016 - 11:31
    +2

    The sad part is, even checking the Shipping and Returns section, it doesn't list anywhere about HK. Sure, with the prices it's pretty easy to realise it's a grey import, but nowhere actually lists that it is :/ Easy to be fooled for those that don't look up proper reviews.

    • drisbel on 30/03/2016 - 11:34

      Yep, i made sure i looked at all that and it looked from all accounts it would be Australian stock. I guess if it's too good to be true, it probably is! Lesson learnt for next time

      • spackbace on 30/03/2016 - 11:37
        +2

        Best sources of advice would be here and Whirlpool, don't trust any other review site because they can be easily manipulated. If you noticed, I tagged your post with the store name, so now when you browse the store page here, not only do you see the dodgy deals they've had, but here you see the forum discussions, including this one :)

        • drisbel on 30/03/2016 - 11:39
          +1

          Wonderful, thanks for the advice!

      • TNDO on 30/03/2016 - 16:21
        +2

        When I was shopping around to buy some camera gear Becextech.com.au was by far the cheapest I could find online.

        I was curious as to why they were coming up so much cheaper than anywhere else so I sent them an email and received a response from a sales rep stating their camera gear was international stock and is shipped from their warehouse in HK.

        Sorry to hear about your hassles, but thought I'd reply just in case you wanted to know (and for anyone else interested).

  • Findmebargain on 30/03/2016 - 11:56
    +1

    Hi OP, I appreciate your sharing with us your experience so that the rest of the community learn from that, taking into considerations the risks and be prepared with contingency plans when taking a punt buying from one of those online suppliers.

    Just wondering if taking a video when unboxing the product on arrival would help support your claim, well at least stopping them from arguing that the problem was caused by the user?

    • winterseed on 01/04/2016 - 12:12

      I record myself opening everything no matter where it's from. Easy to delete later if there are no problems. It might seem a little crazy but to me it seems crazy not to when it only costs a bit of battery.

  • drisbel on 30/03/2016 - 12:06

    Thanks Mcz, i've been a long time reader and everyone today has been extremely helpful so it's very much appreciated
    Will definitely be doing that when unboxing if they do end up sending through the repaired product.

    Thanks again!

  • gomertose on 30/03/2016 - 14:20

    I await your next post outlining additional issues with the phone after it has been returned.

  • drisbel on 30/03/2016 - 21:40
    +2

    Hello all,
    Just wanted to thank everyone for their input and help earlier today. It was all much appreciated.
    We have now confirmed that the supplier will return to us the repaired phone which we will then look to unsell to get at least some of our money back.
    Will definitely be videoing the unboxing this time so they can not pin us again. I'll come back with an update if anything else eventuates.
    Once again thank you all for your help

    • winterseed on 01/04/2016 - 12:19

      I haven't read the whole discussion, is there a possibility of spyware in the custom ROM? That makes me think selling it on without explaining its dubious history would be unethical. Good luck and Godspeed OP.

  • ilostnemo on 30/03/2016 - 22:01
    +8

    drisbel, you're story is an unfortunate one, but I love how you've taken the time to reply and thank all those who have offered you advice, there should be more on it on Ozbargain. It's definitely refreshing seeing your refreshing seeing your responses. Good Luck on the phone they send you.

    • drisbel on 31/03/2016 - 10:58

      thanks for that! i've been a long time lurker on this site but never really posted a great deal of anything useful, so it was great to ask a question on here and have everyone's opinions to take on board! Can't thank everyone who contributed enough :)

  • CLoSeR on 31/03/2016 - 11:18

    Be careful who you buy from; do your research. The larger mobs like T-Dimension have a DOA policy which would have covered you.

    • drisbel on 31/03/2016 - 11:21

      Yes definitely lesson learnt, we were looking for the cheapest price and fastest shipping, both of which this site was promising. I'm usually good with researching this kind of stuff, but this one time i haven't done so and we've paid the price for it. Thanks!

  • BargainKen on 31/03/2016 - 12:41

    Why would anyone try to install a custom rom on a vanilla Google phone? It's usually samsungs and the like that people install custom roms to debloat the phone..

    • drisbel on 31/03/2016 - 12:46
      +1

      Absolutely no idea. Your guess is as good as mine! We've gone through probably 3-4 smartphones each and have never had any reason or use to install a custom ROM on any occasion, so when they accused us of this we were quite offended as we knew it came in the box like that.

    • dazweeja on 31/03/2016 - 14:22
      +1

      My guess would be to pre-load with spywaqre/malware, like the OnePlus 2's from Kogan.

  • Cobalt_ on 31/03/2016 - 13:16

    Not sure if this applies, but the ACCC recently won a ruling against Valve for making misleading representations regarding Australian consumer guarantees. The point to note is that Valve isn't an Australian company but still fell afoul of our consumer laws.

    Source:
    https://www.accc.gov.au/media-release/federal-court-finds-va…

    Given the circumstances regarding drisbel's treatment by BecexTech, I see no reason why they shouldn't push for a refund.

    • drisbel on 31/03/2016 - 13:36

      hmm. interesting reading. thanks for sharing this!

  • drisbel on 31/03/2016 - 13:45

    Hey all, just had another question for everyone here.
    You may have read above that since my original post yesterday, we have emailed back Becextech to say that we would accept the repaired phone. We received word back late last night they would be sending the phone back once their warehouse team had completed their final inspection - they still have the phone with them.

    What i'm getting at is, i'm feeling like the general concensus from most people in this thread is that what they are doing in denying the refund and TELLING us they will send back the phone repaired is not right according to Australian Law, and that i have every right to get the refund from them.

    What do you guys think we should do?
    -Just save the hassles and accept the repaired phone, then re-sell it?
    -Email back and tell them to shove the repair, and continue to push for the refund?
    -Any other options you suggest

    Can't thank everyone enough, your opinions so far have been a great help!

    • wheretobuychocettes on 31/03/2016 - 14:30

      I currently have two faulty (dead/stuck pixels) Nexus 5X units that I got directly from Google, I requested a refund from them (after a total of 4 faulty units) and they said it's impossible. I asked if they could send a Nexus 6P instead of 5X and I'll pay the difference, also impossible. I would be happy with a functional 5X, but that seems unlikely as apart from the dead/stuck pixels I keep getting in devices, there are other faults such as the charger making the screen unresponsive (impossible to compose a text message), and whatever else I've forgotten. I sent them an email quoting ACCC and saying the device clearly has a "major issue" or a few major issues even, considering that it has happened to 4 devices I've had, that would have stopped me from purchasing if I had known about it. They haven't replied to me for 2 months now.

      So, with that in mind, don't go too big too soon, try get things sorted nicely and calmly, but make sure you aren't been taken for a ride either. I still have to chase up Google, sitting on hold again isn't exactly enticing though…

      • drisbel on 31/03/2016 - 18:57

        hmm, you seem to be in a similar kind of pickle that i'm in. The problem is we've repeatedly asked for refunds as well, but their response is always 'we'll send a replacement once we inspect it'.. no matter how clearly i say we don't want the replacement, they don't seem to care. Thanks for sharing this info!

      • akyeeeahdude on 02/04/2016 - 11:12
        +1

        I managed to get a full refund from Google on a Nexus 5. It was about a year old and then started having issues, they sent a refurb to replace and it was DOA. They then sent another which lasted 3 months before boot looping. They then sent another refurb which had a dodgy camera. I then asked for a a full refund or a credit towards a Nexus 6. After escalating it, within 1-2 weeks they agreed to a full refund. This was late last year. I did need to throw around words like ACL and ACCC, Fair Trading though.

    • dazweeja on 31/03/2016 - 14:36

      I think it all comes down to whether it's a minor or major problem (see the post by cameldownunder below). I know you consider it a major problem because the phone won't boot but in another sense, it's a minor problem because it can be fixed in five minutes and your phone will be perfect with no evidence that anything was ever wrong (basically by flashing the factory image and relocking the bootloader). I'm not suggesting that you should know how to fix it, I'm just speaking from a technical point of view. What's not in doubt is how terribly you've been treated by this company.

      • drisbel on 31/03/2016 - 19:00

        Agreed with everything you say here. I mean, absolutely if i knew how to fix it i probably would have. In hindsight, knowing all the help i'm getting here, i'm thinking if i posted on Ozbargain about the issue with the phone when it first arrived, someone on here probably would have been able to help me fix it and that would have been the end of it. Thanks!

    • Blitzfx on 31/03/2016 - 19:12
      +2

      I would NOT accept the "repaired" phone. It's already second hand if someone's bricked it when they tried loading a custom ROM onto it. Not even brand new as described. They could have also loaded some hacked ROM with spyware on it now.

      Secondly, they could have just swapped out the dodgy phone with another refurbished phone, so again, not brand new. You can't really tell on refurbished ones. It's the same as the chef/waiter spitting in your food then serving it to you. You've "annoyed" them by complaining and you can't tell if it's clean.

      If you NOW choose NOT to accept it, I hope you haven't emailed them saying that you WILL accept it, like in your earlier comment. If the parcel requires signature, do NOT accept it and just return to sender. If it doesn't, DON'T open it, and send it straight back; and take photos.

      • drisbel on 31/03/2016 - 19:20

        Great points, thanks for all that. Unfortunately we have already emailed them saying we'll take it, which i'm beginning to regret now. We'd already asked multiple times for a refund but they kept just saying 'we'll send a replacement once we have it back and inspect it'. We just were getting sick of the hassle. I'll keep in mind what you've said about the signature as well. Thanks!

        • Blitzfx on 31/03/2016 - 19:27

          You will just have to accept the phone then. There's a whole can of worms with contracts and civil law you will have to fight through because you've technically accepted their "offer" of sending a replacement.

          Your fallback now are the ACCC rules that everyone else has talked to you about if your replacement doesn't exactly match the description.

        • drisbel on 31/03/2016 - 19:29

          @Blitzfx: Yeah, i gathered as such :( oh well. I'm secretly hoping the phone is still screwed when we receive it back. We also took plenty of photos of the phone and everything before we sent it back, so we'll know straight away if it's been swapped when we get it back. Thanks for your advice!

  • cameldownunder on 31/03/2016 - 14:14

    From https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    "Repairs
    If the problem with a product or service is minor, you must accept a free repair if the business offers you one.
    If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can:
    get it done elsewhere and pass on the costs to the business
    ask for a replacement
    ask for a refund
    recover compensation for the drop in value below the price paid."

    and

    "Replacements and refunds
    You can ask for a replacement or refund if the problem with the product is major."

    and

    "What is a major problem?
    A product or good has a major problem when:
    it has a problem that would have stopped someone from buying it if they’d known about it
    it is unsafe
    it is significantly different from the sample or description
    it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed."

    So my point of view ( being the devil's advocate that I am )
    The phone does not have a general problem
    It is not unsafe
    It does not significantly differ, it just doesn't work
    It will be fixed.

    To your question: What do you guys think we should do?
    That depends on you:
    Do you want to move on? get the fixed Phone and sell it on ebay.
    You like to write hate emails and wait for some response: Keep on fighting for a refund.
    You are able to compromise? Ask if you could buy something else from them, instead of the phone being returned, or them giving you a refund.

    I bought a Lg G4, fortunately this time from an OZ Company. The Wireless charging was not working, and I had to send it in. I was not offered a refund. The phone got repaired ( Mother board replaced ) and returned within 3 days.

    • Cobalt_ on 31/03/2016 - 14:48

      Difference of opinion here, but I would say that having a product DOA (dead on arrival) which one could argue is the case in this situation is a major problem. In this instance one could be justified on insisting on a refund which is well within the definitions made by the ACL.

      • dazweeja on 31/03/2016 - 16:11

        I think it's a grey area. If you were delivered a new car and they gave you the wrong key, would that be eligible for a refund? It's DOA (won't start) but an easy fix.

        • Cobalt_ on 31/03/2016 - 16:18
          +2

          It would be closer to having a new non-functioning car delivered with critical parts missing from the engine that only a mechanic could resolve with an onsite visit. And no discerning consumer would tolerate such poor service and quality. In any event the two examples are so far apart given the value of a new car vs a new mobile phone that it is not worth even comparing.

          In the end it all comes down to how you interpret the law and whether you are willing to argue your case. When in doubt contact the ACCC or your local state consumer affairs office.

        • dazweeja on 31/03/2016 - 16:27
          +2

          @Cobalt_:

          My example was intended to illustrate that DOA is not a sufficient criteria. Also, in this case the hardware had no issues. The software - which by the way is available from the Nexus factory images website but does require a little knowledge to install - was not-functioning. The software is an essential component but it's also completely free and easy to replace (although may need to be sent back to the manufacturer for this). I'm suggesting that "minor" could meet this criteria - a part that is low cost and can be replaced easily and without permanent damage to the phone. I consider a broken power button to be minor too, and actually more serious than broken software.

        • Cobalt_ on 31/03/2016 - 16:36
          +1

          And you would expect a non technical person to unlock the boot loader, then flash a replacement rom to their brand new device? Would you be comfortable talking through a grandparent over the phone step by step? It is a non-trivial task especially for someone who has never done anything like this.

          To an ordinary non-technical person, this would be over the top and the device would fall within the "non-merchantable" quality criteria.

          Yes it may be a trivial task for you to fix as a technical person, but the question to be answered is, why should the consumer accept this. They paid for a brand new phone that they expect to be working out the box.

        • dazweeja on 31/03/2016 - 16:48
          +1

          @Cobalt_:

          No, I wouldn't expect a novice to do this. That was just an example of how simple a repair it is for someone knowledgeable. Even for minor repairs, you'd have to send it back. Most repairs, even minor ones, are the responsibility of the seller and not the customer. Regardless, I don't think it's relevant.

    • endotherm on 31/03/2016 - 17:11
      +2

      In this case, a new phone was purchased. They supplied second-hand goods which has been tampered with (likely a previous return). It's not a case of major/minor defect any more, but one of the goods being significantly not as described.

      • cameldownunder on 01/04/2016 - 12:58

        I agree with you on that. Forgot that Angle.

  • smashed on 31/03/2016 - 15:05
    +2

    Demand a refund. If they won't do this then take up a charge back via credit card company.
    You do not want the hassle of selling it on to another sucker. .what happens if they claim to have issues within a few weeks and come back to you complaining?

    • drisbel on 31/03/2016 - 18:50

      Very valid point about selling it on.. The thing is we've demanded refunds multiple times, always their reply it 'we'll send a replacement once we inspect it'. Doesn't sound like they'll budge! :(

      • darkchoc on 01/04/2016 - 09:47
        +1

        Reading your posts, it feels like you might be wasting your energies in contacting the seller. Can i suggest you stop to save your sanity.

        Instead create a timeline of the facts in a stat Dec and send to your credit card company requesting a charge back.

        You received a faulty product, you've shipped it back, you no longer have it and you will refuse to take back the product and the company will not provide you with a refund.

  • smashed on 31/03/2016 - 15:09

    Their terms are atrocious.. We strongly recommend you to insurance your order as there might be possibility that you order will be damaged and lost on delivery. Insurance is optional and the fees is all on the product page. The fees vary depending on the value of the goods. Please note that BecexTech Australia is not liable for any lost item if insurance is not purchased.

    BecexTech offers 7 days ELF(Early Life Failure) or DOA return policy. You must notify us as soon as the product stopped working. Any DOA products will be replaced immediately as soon as it has been assessed. All accessories, items returned must be in original condition or product will be repaired instead.
    BecexTech also offers 14 days POM(Peace-Of-Mind) return policy. All POM returned product will incur charge for re-stocking fees. The charge may varied depending on the item condition. However, BecexTech reserve the right to refuse the return if the product is not in reasonable condition.

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