The Voice - Consumer's Voice

How long is a warranty?

Regular readers of The Voice will know that very often we're asked about the warranty offered when consumers buy something. You'll also know that many, many times we've spoken about situations where someone has bought a cellphone, something has gone wrong, they've taken it back to the store and they've been told that there is no warranty on the phone or that the warranty is just a few days or maybe just a month. The customer has then been told that nothing can be done, that there will be no refund, no replacement, and no effort to repair the faulty item.

Is this acceptable? No. It's not. Not only is it unacceptable but it also goes against what the Consumer Protection Act says. Let's start with the basics.

Section 15 (1) of the Consumer Protection Act says that a consumer "has the right to receive goods which are of good quality, in good working order and free of defects". That's simple. But too difficult for many stores to understand.

Section 16 of the Act says that if goods are faulty the consumer can return them within 6 months of purchase for a repair, a replacement or a refund. The store can choose which of these options they choose but they can't decide to do nothing. They must choose one of those options. For those stores that find this difficult to understand, let me repeat one thing. It says six months. Not a week, not a month, not a random period the store decides. It's there, in plain text in the law. Six months.

There's another thing these stores seem to forget about these faulty items. Section 16 also says that if the store decides to repair the faulty item and "within three months the same problem recurs" the store can no longer attempt to repair it, they can only replace it or refund the consumer. They only get one chance to repair it.

Here's yet another thing that cellphone stores need to know. Section 13 of the Act says that a store that sells second-hand goods "shall inform a consumer that the goods sold are used goods by … placing a label on the goods that indicates that such goods are used goods" and "placing a notice on the invoice issued to a consumer". Again, simple. But too difficult for some stores to understand. Or maybe they just don't care.

The lesson is simple. When we buy anything we need to know our consumer rights. And stand up for them.

What must they do?

I bought a Huawei Nova 9SE phone only to find out that it has been cut off from Android services so I returned it. Even the manager confirmed this. Then they tried to manipulate me into getting a different brand Samsung or Tecno but I refused. After a long conversation they promised to refund but I am still waiting.

I contacted the store about this and they responded very quickly. They said that when you were at the store to buy the phone they told you that the phone didn't come with Google Play Service but that the apps you might want, like WhatsApp, could be installed legitimately from other places. The said that they did this for you and also showed you how to use the Huawei App Gallery to download and install other apps.

They also told me that you still weren't happy and insisted on getting a phone that had Google Play Services. They said you could have any other phone of the same value or a more expensive one if you pay the difference.

I think what they've offered is reasonable. I suggest you allow them to offer you another phone.