Virgin Mobile being unfair with warranty claim

TheMoDz on 24/04/2016 - 20:36

Ive just sent my 35-days old S7 Edge to one of their store for warranty purpose.
it was doing this all of the sudden.

https://www.youtube.com/watch?v=VA8CGoEKZrY&

Purple screen bleeding and streaking…

Since I got the phone Ive put a good Spigen case on it and a screen protector, I like my devices like that and the S7 Edge is in perfect physical condition, except the defective screen it has.
Then when I went to the Virgin Mobile store, on the terms of repairs or replace, It says on the chance the repair cannot be made, they will send me a replacement "Refurbished" device.

Is this fair? I'm paying $75 a month for a premium new device and they give me this bs, Its Samsung and Virgin Mobile's fault for sending me a defective item and I have to suffer for it, I've kept my device in top condition and they will send me a refurbished one that has been broken by someone else and the worst thing is, I would have no idea how it was broken and how it was treated.

is there around this? I really dont like to get a refurbished phone.

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Comments

  • StewBalls on 24/04/2016 - 20:51
    +4

    Sounds like a pretty raw deal to me…contact Fair Trading & the TIO to see where you stand, but I don't blame you for feeling hard done by!

    • spackbace on 24/04/2016 - 22:18

      It's a hypothetical, OP is worried because it's in the terms. Reread the post :)

      • StewBalls on 26/04/2016 - 14:38
        +1

        Because we all know that Honest Joe Telco wouldn't hold customers to the unfair terms in their contract, right? ;)

    • amkssg on 24/04/2016 - 22:38

      Nah. Fair Trading would not do anything in this case.
      All phones come with a "Repair or replace with refurbished" clause.
      Even if you purchases the phone directly from the manufacturer, it is still the same. "Repair or replace with refurbished".

      • StewBalls on 26/04/2016 - 14:41

        Why not ask, I certainly wouldn't rely solely on the bush lawyers of OzBargain…

  • [Deactivated] on 24/04/2016 - 21:15
    -7

    read the terms and conditions and stop crying, this is how telcos work
    dont like it? dont sign up to their stupid plans

  • hikaru78 on 24/04/2016 - 21:29

    You'll find most manufacturers do this unless it's less than 30 days old.. I would worry too much as initial repair stock is generally new anyway. It takes a while for the faulties to come through then be refurbished

  • spackbace on 24/04/2016 - 22:16

    the terms of repairs or replace, It says on the chance the repair cannot be made, they will send me a replacement "Refurbished" device.

    So wait, they haven't actually done that to you, but it's in their terms… but they haven't done that to you?

    Any other hypotheticals?

    • TheMoDz on 24/04/2016 - 22:25

      but theres 50% chance they will,

      • spackbace on 24/04/2016 - 23:02

        But they haven't…?

        Theres a chance I'll be in an accident when I drive my car, doesn't mean I wrap it in bubble wrap

  • amkssg on 24/04/2016 - 22:35
    +2

    You do realise that the "repair or replace with refurbished phone" clause applies to ALL manufacturers right?
    So it doesn't matter if you are with Telstra, or Optus, or Virgin. The same thing applies.
    Even if you purchase the phone directly from the manufaturer (in your case, Samsung), it would still be "repair or replace with refurbished phone".

  • [Deactivated] on 24/04/2016 - 23:09

    Thought that was the norm.

    Find out what they do to a device then sell it as a refurb.

  • Mumbles on 25/04/2016 - 03:39

    I think even if its the worst case scenario that a refurbished model is within fair. "35-days old S7 Edge" means that the OP is an early adopter, in fact they've had the phone before Australian mobile phone reviewers got to. The chance of receiving someone else >36 day old phone is super unlikely especially when you factor in the two weeks repair and courier time.

  • alxr0101 on 25/04/2016 - 07:37
    +2

    Doesn't the Australian Consumer Laws rights apply and override whatever the telco writes into a contract?

    ie. if there is a MAJOR FAILURE, the consumer has the RIGHT to decide on refund, repair or replace.

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

    However it's worth bearing in mind that a "refurbed" unit may be indistinguishable from brand new. I've yet to see a refurbed unit that had even a hint of wear and tear on it.

    • Candour on 25/04/2016 - 08:47

      ring the accc for advice; and complain. to both fair trading and accc. even if they are useless. the law does allow you a replacement or refund in all cases regardless of mobile industry scams.

  • hikaru78 on 25/04/2016 - 14:32

    99 times out of 100 they will simply.do a replacement with a refurb. Repair centres simply check for the fault and confirm no water or physical damage. Not cost effective to do repairs on sites anymore. Faulty phones are sent back to manufacturer to be refurbished.

    When a phone is released some new stock is seeded into repairers for replacements. Later down the line when enough phones are return to the manufacturer refurb are sent to repair centre. In the first month or 2 very unlikely replacements will be refurbished.

    I can't comment on ACL in regards to this I imagine it would come down to a specific ruling

  • fantafox on 02/05/2016 - 05:21
    -1

    Welcome to the world of virgin mobile my friend - they actually make dodo look attractive

    • starburstyellow on 05/05/2016 - 14:18

      Did you even read the thread? Everyone manufacturer does it.

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