The Voice - Consumer's Voice

Can't they fix it?

We have a phone here, a refurbished iPhone 11 we bought for P6,000 but recently the phone keeps going off and it doesn't not recognize the battery. The store owner is saying that it's because the software was changed.

They mentioned that the phone was not supposed to be updated but the software update was automatic. They said they can only fix it with P800 which I feel it does not make sense as it also does not recognize the battery.

Firstly, I suppose we should recognise that at least this store were open about the phone being refurbished. That's what the Consumer Protection Act requires. There's nothing wrong with buying and selling refurbished phones. In fact I think it's a very good idea, so long as suppliers are honest about this. I'm also pleased that the receipt you were given confirms that the phone had been refurbished.

However, despite being honest about this, I'm not sure they've been so honest about other things. The story about you not updating the software is complete nonsense. In fact it's incredibly important that you load all the software updates that your cellphone manufacturer releases and as soon as possible. They're there to protect us. Any store that says you shouldn't is behaving very strangely. It's even stranger that their receipt even includes a stamped statement saying, "No warranty when you upgrade software".

Section 23 of the Consumer Protection Act say that a contract between a supplier and a consumer may not "impose terms and conditions that are unfair, unreasonable or unjust". Not allowing you to keep your phone safely updated is, in my humble opinion, "unreasonable". And silly.

I've contacted the store and asked what how they suggest this can be resolved.

Readers might remember that we recently asked the Competition and Consumer Authority to investigate the cellphone industry because so many cellphone stores are either illegally selling second-hand phones as new or either ignoring or avoiding their legal obligations. We'll keep you updated on the progress they make.

Can I get a refund?

Mr Richard. Ke kopa thuso. I bought a sofa at a furniture store in Broadhurst but it came in a bad condition. It had marks on the arm and the corner was torn. Now they refusing to pay me back. The sofa was bought for P27,000 as new. I return the delivery guy with it and continue to ask for a refund. I sent all my bank account and confirmation letter like they asked but nothing. I can't get my money.

Please help with way forward.

This is really unacceptable. If we spend P27,000 on a sofa, it needs to be the best sofa in the world, delivered in perfect condition and by the politest delivery guys you've ever met. For that money we have a right to expect perfection.

However, it's debatable whether you can demand a refund. Section 15 of the Consumer Protection Act says that consumers are entitled "to receive goods which are of good quality" and clearly this sofa isn't that. Section 16 says that when goods are not of good quality, the consumer may return those goods "within six months after the delivery of the goods, without penalty and at the supplier's risk and expense" and that then the supplier must "repair or replace the defective goods; or refund the consumer".

However, it's up to the supplier to choose which of those three options they want to do. They are entitled to try to repair the sofa if they can. But the Act also says that if they try to repair it and the same fault happens again with in 3 months, they can't try to repair it again.

I'll contact the store management and see if they can deal with this more helpfully.