What are my rights?
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Category: General Chat
Forum Name: General Chat
Forum Description: For mums, dads, parents-to-be, grandparents, friends -- you name it! And you name the topic you want to chat about!
URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=6719
Printed Date: 12 October 2025 at 5:21pm
Software Version: Web Wiz Forums 12.05 - http://www.webwizforums.com
Topic: What are my rights?
Posted By: meow
Subject: What are my rights?
Date Posted: 12 April 2007 at 2:20pm
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I bought a new phone from Harvey Norman in November, cost $250 new.
Since then, it has played up a little bit, didn't' always send messages when I wanted it to, but I thought it was to do with the telecom/vodafone network. Well last night, my screen had a weird image on it, took up most of the screen and I couldn't read messages properly. Tried turning it off and then on again, didn't do anything. Took it back to the store today with my receipt (I paid more money to have an extended guarantee) to be told that I will have to pay to get it fixed, it isn't covered by my guarantee and it was my fault - lcd screen is cracked. WTF!!! I am soo mad. They told me it will cost $50-65 to get it looked at, then if I decide I want it fixed, another $200!!!!!!!!!!!! Do I have any rights under the consumer act or anything? They told me the only thing I can do is claim under insurance.. don't think we have the right insurance.. at the time I bought the phone I said to the guy that I often drop my phone (I didn't this time though!) and he suggested the phone I bought as one that is really durable. This is my phone: http://www.techiediva.com/photos/uncategorized/sanyo_3100_1.jpg - Pink Sanyo ------------- http://lilypie.com"> 
http://lilypie.com"> 
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Replies:
Posted By: minik8e
Date Posted: 12 April 2007 at 2:35pm
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It's a difficult one. On the face of it you could claim that the salesperson knowingly sold you a phone that wasn't fit for your intended use (you told him you dropped it quite often) but I don't think it would really stand up. In saying that though, the mobile phone was fit for use when they sold it to you, and no manufacturer or retailer is going to cover for breakages caused by the goods being dropped, even if you had said you drop it often. In the first instance, I would go and see a manager at Harvey Norman, explain that you asked for a robust phone that would stand up to being dropped, and that it obviously hasn't done that. They may negotiate with you, however I wouldn't guarantee it by any means. This is all said taking into a/c the Consumer Guarantees Act, which provides that the goods will:
Be of acceptable quality. (Acceptable = goods: Do what they are made to do. Are acceptable in appearance and finish. Are free from minor defects. Are safe and durable) Be fit for their particular purpose. Match the description given in advertisements or sales brochures, or by the sales assistant. Match the sample or demonstration model. Be owned by the consumer, once purchased. Be a reasonable price, if no price or pricing formula has been previously agreed. Maybe you could get yourself a protective cover that would give the phone a little more protection in future? |
Posted By: meow
Date Posted: 12 April 2007 at 2:37pm
Okay, you misunderstood me a little.. I said I had dropped it in the past, but I didn't drop it last night - which is when the screen suddenly had a crack in it. My phone was perfectly fine, it was sitting on the kitchen bench - and I went to send a message and then the screen was like that! It would have had to be dropped when it was open (it's a flip top) to have a crack in it.. which it hadn't  ------------- http://lilypie.com">
http://lilypie.com">
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Posted By: ooEvaoo
Date Posted: 12 April 2007 at 2:59pm
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Under the Consumers Guarantees act, products need to last a reasonable amount of time (like laptops should have a life of 3 years) so you could claim on the fact that you had only recently bought the phone but its not meeting its obligations. I'd advise to contact the consumers institute and they will be able to help you. My partner had problems with the power cord for his laptop (it was actually melting the end) and Harvey Norman wouldn't do anything about it as his warantee had run out already. He took it to the consumers people and was told he has rights under the act, and they acted on his behalf. The laptop got fixed and his story was published in the Consumer magazine lol.
So it's worth having a go. ------------- 
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Posted By: Bizzy
Date Posted: 12 April 2007 at 2:59pm
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check out this from the http://www.consumer.org.nz/category.asp?category=Legal%20Rights - consumer site. its all about your legal rights. ------------- http://www.myfitnesspal.com/weight-loss-ticker"> 
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Posted By: meow
Date Posted: 12 April 2007 at 3:17pm
Thanks, I'll check out that site 
What sucks even more is that DP just lost his phone, so it looks like we'll have to fork out for 2 new phones!! ------------- http://lilypie.com">
http://lilypie.com">
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Posted By: minik8e
Date Posted: 12 April 2007 at 3:37pm
| Oh whoops sorry, my mistake!! Then yes, HN should be looking at what they can do. Sometimes they're more trouble than they're worth. But if the case was that you didn't drop it, then it hasn't been fit for the purpose, so you should be covered by the CGA. |
Posted By: Bombshell
Date Posted: 12 April 2007 at 3:45pm
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unfortunatley tho despite the correct advice above re CGA they also have a (copout) discretion to determine how the crack occured - most re phones will determine that it was your error and charge you a service fee. Unless you can push that it is an error in this type of phone then it may not fit into the guarantees you have as an exterior force could have caused the crack
I dont doubt youve never dropped it - DH has had at least three phones similar repaired yet he never dropped them either and two had a fault they acknowledged and replaced free! I would suggest you tell them you think it is a fault with the phone and go via and sanyo dealer authorised repairer and not necessarily via HN? perhpas take it into vodafone or telecom shop and ask if that phone has known faults with the screen first? from memory just to send in for an assessment before any repairs is like $50 or so anyways. BTW the same applies for cameras etc when getting them repaired...we had same a month ago and the fault was known to FUJI but still would have had to pay $50 for assessment so i drove to albany head office and handed it in for free to get repaired and was told yes it was that fault instantly and for the price of my drive up! |
Posted By: peanut butter
Date Posted: 12 April 2007 at 4:03pm
| I would try and talk to the manager..even if they say you are partly to blame they may come to the party for goodwill. We often have people come in with broken glasses and we can look at them and know there is no way the frame "just fell apart in the case" but when it comes to arguing with a customer we know we cant win and will often compromise. Worth a try. Good Luck |
Posted By: my2angels
Date Posted: 12 April 2007 at 4:26pm
| Ive been having problems with my phone to and my friend brought the same phone and has been having problems with it. Wonder if its the same one! |
Posted By: .Mel
Date Posted: 12 April 2007 at 4:31pm
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The other option is: If you have a proof of purchase and it is a vodafone phone and you're in Auckland, you could take it to Mobilefone Repair on Carbine Road. They'll fix it for you under warranty. They might even give you a loan phone (if they have them.
Initially though I'd go back to HN and get them to sort it out. ------------- Mr Mellow (16) Miss Attitude (8) Destructa Kid (3) 
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Posted By: meow
Date Posted: 12 April 2007 at 7:23pm
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I'm in Wgtn and it's a telecom phone lol.. but thanks anyway.
I'll take someone scary looking with me and go back to HN.. hmm.. Emma, can I borrow Willie? lol ------------- http://lilypie.com">
http://lilypie.com">
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Posted By: Kels
Date Posted: 12 April 2007 at 7:37pm
Goodluck with what you decide to Meow. It sucks to have a faulty phone ------------- http://lilypie.com"> 
Busy mum to Miss 15yrs, Miss 10yrs and Master 4yrs |
Posted By: lil_miss
Date Posted: 12 April 2007 at 7:41pm
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If you have contents insurance for your house - your cellphone is covered under that :) Although your excess could be more than the phone is worth..
Probably better to get what you can for it on trademe as parts and buy another :) Good luck arguing that a crack in the screen wasn't your fault - No matter what you say they will likely say it couldnt have got there on its own.... :) |
Posted By: meow
Date Posted: 12 April 2007 at 7:52pm
I know, they suck.. the "crack" on the phone isn't actually a physical crack, it's crack in the lcd lights.. so weird.. so you can't actually touch the screen and feel anything wrong with it if you get what I mean. I still have no idea how it happened, it was fine when it was on the bench and then I looked at it again and it was like that! ------------- http://lilypie.com">
http://lilypie.com">
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lil_miss wrote:Posted By: Rachael21
Date Posted: 12 April 2007 at 10:12pm
I bought the exact same phone about a week ago and tonight I just looked at mine (was sitting on the bench) and now my screen isn't working either  theres no crack but its going to be such a hassle taking it in. It must be something faulty in the phone. They are only $150 at harvey norman at the moment tho if you need to buy a new one.
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Posted By: MyMinis
Date Posted: 13 April 2007 at 7:12am
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Have you tried calling telecom directly or going into Telecom shop? Sometimes they might know of a certain fault and might be able to get it fixed free.
Ive only ever bought my phones from telecom directly over the phone before and found dealing through them was much better than dealing through a dealer. ------------- http://lilypie.com"> 
http://lilypie.com"> 
http://tweetytweety85.bebo.com - bebo |
Posted By: MyMinis
Date Posted: 13 April 2007 at 7:14am
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yeah claiming the phon on insurance will cost you an excess we found that out when df lost his phone in the city we ahd to pay and excess of $100 for a $200 phone so we went against replacing it. ------------- http://lilypie.com">
http://lilypie.com">
http://tweetytweety85.bebo.com - bebo |
Posted By: Rachael21
Date Posted: 13 April 2007 at 11:28am
| I would normally buy straight from telecom too but it was $100 cheaper at harvey norman. My phone just randomly started working again this morning so who knows what was happening with it. |
Posted By: meow
Date Posted: 14 April 2007 at 2:48pm
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I have always had trouble with the phones I've had.. I seem to need a new one every year now, they are such crap. I am going to try Telecom but I've never had much luck with them, only reason I am with them is for the $10 texting. I can honestly say that the only brand of phone I've found reliable is Nokia. ------------- http://lilypie.com">
http://lilypie.com">
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Posted By: Maya
Date Posted: 14 April 2007 at 4:36pm
LMAO - if you could see him now with 'his' Mercedes on his knee he doesn't look so scary 
Random comment but my sisters Ipod screen cracked and Apple refused to replace it so Mum took them to court and the day of the hearing they contacted her and agreed to replace it. The story got in the newspaper coz apparently there were a heap of them with the same fault and Apple was trying to write it off as user-damage. -------------  Maya Grace (28/02/03)
 (02/01/06)
The Gremlins:Sienna Marie & Mercedes Kailah (14/10/06)
Lil miss:Chiara Louise Chloe (09/07/08)
Her ladyship:Rosalia Sophie Anais (18/06/12)
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