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akes2090

HELP ~ New Chinese phone: No warranty

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akes2090

Dear BoB members/Admin staff,

 

I had won an auction for a Mobitel MT14 in December 2010. The following is the link to the auction:

 

Other Cell Phones & Smartphones - MOBITEL MT14 (BRAND NEW) (DUAL SIM,TV,DUAL CAMERA,FACEBOOK,MXIT,EMAIL,ETC..) was sold for R722.00 on 22 Dec at 23:16 by Jacsha in Harrismith (ID:30492093)

 

The seller had excellent feedback/ratings so I did not have any doubt whatsoever bidding on their auction. The phone arrived and everything seemed perfectly fine. My intention was using this phone specifically for IM especially MXiT. I immediately charged the phone and set up the 3G connections etc..The browser (Opera) was working so I knew 3G was setup correctly however MXiT refused to connect and just stated "Opening..." for about an hour (Problem 1) till I switched it off. The next day I tried powering on the phone..but nothing .. completely dead and not even charging (Problem 2). I contacted the seller and they asked me to send back the phone for repairs/exchange, and I did so at my own cost. Weeks passed and the seller kept making excuses that their supplier is working on it blah blah blah... Almost 2 months elapsed and after losing my patience over email they finally returned the phone.

 

When I received it .. I discovered that it was sent back in exactly the same condition that I had sent to them. Battery completely dead...not charging. I contacted them again and asked if they bothered to check if the phone was working before sending it back to me to which they answered in affirmative and also stated that MXiT software was upgraded to a working version. I demanded a refund as at this stage I totally annoyed and reached the limit as far as my patience was concerned. They declined any refund stating that the phone was sold without guarantee..and the previous repairs (and courier back to me) was done out of pure courtesy at their own cost!! Wtf.. I mean it was brand new!!!???? So I told them I will report them to BoB Admin or lodge a legal case to which the guy replied that I should go ahead and do whatever I want to do as his wife has leukemia and he has other problems to dela with.

 

I felt a bit of sympathy after that and decided to buy a Nokia BP-4L battery at a cost of R459 (as Mobitel spares are like non existant) as it is the only battery compatible to the phone. I put the battery in the phone and it powered on. Tried MXiT again...same problem...not connecting!!!! Switched phone off to try again later... tried switching the phone on again...battery completely dead!!!! Its obvious that this phone is a piece of junk that keeps killing batteries. I have forked out over R1300 on something that doesn't work and is of no value to me.

 

Guys please help...what can I do. I am at wits end.. I can't forget about something I have invested R1300 on!!! BoB please don't give sellers such as these freedom to walk away after selling any crap purely on the basis that it was sold without any guarantee.

 

N.B.: I can forward the e-mails between myself and the seller if that assists in any way

 

Thanks.

 

Regards

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TS Ron

I certain know that you do not buy a cell phone from another country that the warranty/guarantee etc is annulled immediately. Unless the buyer offers you some kind of guarantee that you can send the phone back if it does not work? Did this seller have any kind of agreement with guarantee or warranty in place? First thing that would of gone through my mind would you be able to make telephone calls in South Africa did you ask it was network compatable? I think your answer is straight forward the cell phone shall not work in this country. GSMArena.com - GSM phone reviews, news, opinions, votes, manuals and more... According the this webpage they do not even list a cell phone of this brand. This is the webpage you should basically check before buying international phones. Not all brands of cell phone shall work on the South African net work. Unfortunately the reason as I see it is to protect the cell phone market in South Africa! Otherwise every single person shall be buying cell phones abroad for a cheaper price . I honestly feel sorry for you it is a great of amount of money to loose. But the Big but in Bob is ask questions are you perhaps a new buyer? Perhaps you should in future remember to contact ICAS in the future with purchasing a cell phone.

Edited by TS Ron

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akes2090

Hi

 

Thanks for the prompt reply. The phone works on the S.A networks and getting a 3G signal should indicate that the phone is compatible with ICASA standards and the spectrum in S.A. The problem here is not the functionality of the phone (emphasis on voice calls) but rather the quality and reliability - the phone itself is faulty as it damages any battery you insert into it. I am not a new user to BoB.. I ensure that I view previous feedback given by BoB members before I have confidence to bid on any item offered by a seller. I have had pleasant experiences thus far - both as a buyer and seller but this is just turning out to be a nightmare.

 

Technically speaking - the item was not what was listed to be as it states that it has MXiT - a non functioning version does not count so it goes against the original specification as listed in the auction. What really scares me is if someone purchases something listed as "Brand new" and the item has no guarantee .. but happens to stop working the very next day - there is no recourse!!??

 

Regards

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Wild Olive Art

Hi akes

 

I don't think you have any recourse where the warranty on the phone is concerned. As asecon says, the warranty is not valid on these imports in this country unless the seller offers one , which he doesn't.

 

However , you can and should report the seller to community watch for misrepresentation if Mxit is not compatible with this make of phone and I would certainly leave a negative rating for the seller . I personally find it unacceptable that sellers import these phones knowing full well that they cannot offer any warranty on them !

 

All buyers do need to be more vigilant however when buying items such as these that do not carry any warranty or guarantee.

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Seeds for Africa

It doesnt appear there is much you can do as no guarentee was offerred. It is surprisng as the seller seems to have impeccable ratings over 3 years, and I am not sure you will find many sellers of chinese imports with such good ratings. I would have bought from such a seller with ratings like that. I agree with Wild Olive that you should report it to CW, as you were sold an item which was clearly advertised as having Mxit installed and that appears not to be the case.

 

I would also suggest that you notify the seller of this thread, as that may help.

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KMartin

All i say is CPA ...

 

Under new law, seller has no choice to refund you.

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qball

This transaction precedes the CPA, thus the CPA would not be applicable, however, the buyer has rights and the seller still has obligations but you would need to take the matter to Small Claims Court to enforce your rights.

 

The listing did not have a warranty on it. However, please send all the necessary details through to communitywatch@bidorbuy.co.za for assistance as this is not the kind of behaviour we encourage or condone from sellers. But please be aware that we cannot enforce your legal rights on your behalf, only you can do this.

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akes2090

Hi Guys,

 

Thanks for your feedback and thoughts on the matter. I really appreciate it.

 

This transaction precedes the CPA, thus the CPA would not be applicable, however, the buyer has rights and the seller still has obligations but you would need to take the matter to Small Claims Court to enforce your rights.

 

The listing did not have a warranty on it. However, please send all the necessary details through to communitywatch@bidorbuy.co.za for assistance as this is not the kind of behaviour we encourage or condone from sellers. But please be aware that we cannot enforce your legal rights on your behalf, only you can do this.

 

@ qball: What information would be needed for CW assistance? I would really hate to go to the Small Claims Court - I just don't have the time nor am I prepared to go through further expense on a silly phone. What I do want though is a favourable resolution so if any other BoB member finds himself/herself in this situation - there will be a precedent for recourse.

 

Thanks.

 

Regards

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qball

Please forward all correspondence/emails to comm watch, including a breakdown of the events as they happened and any supporting documentation or proof supporting your complaint.

 

Legally the only route to go is Small Claims.

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