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Cracked Mobile Phone Screen, Sale Of Goods Act, And Practical Reality

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Wife got new lumia 535 phone. Within 2 weeks minor slip off sofa cushion onto block floor cracked screen.

This is build quality issue IMHO, not fit for purpose.

But is it worth the hassle quoting chapter and verse to talk mobile about the 1979 sale of goods act? £50 repair would be much less hassle if unjust.

Thoughts or experiences?

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Wife got new lumia 535 phone. Within 2 weeks minor slip off sofa cushion onto block floor cracked screen.

This is build quality issue IMHO, not fit for purpose.

But is it worth the hassle quoting chapter and verse to talk mobile about the 1979 sale of goods act? £50 repair would be much less hassle if unjust.

Thoughts or experiences?

You'd probably have to get an independent report who'd agree with you - that the phone had a design flaw...Even then Microsoft Nokia will tell you to sod off..

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I bought my partner an iPad for Christmas a couple of years ago. Literally, within an hour he'd dropped it on the ground and the screen shattered into a thousand pieces. To me, this is a design flaw because the glass panel goes all the way to the edge with nothing to protect it from bumps and slight drops. We took it back to the Apple store on December 27, explained the situation, and they gave him a new one. The point of this is that it might be worth going back to the shop, finding a sales assistant who looks really nice, and asking for a new one. The worst they can do is say no.

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I bought my partner an iPad for Christmas a couple of years ago. Literally, within an hour he'd dropped it on the ground and the screen shattered into a thousand pieces. To me, this is a design flaw because the glass panel goes all the way to the edge with nothing to protect it from bumps and slight drops. We took it back to the Apple store on December 27, explained the situation, and they gave him a new one. The point of this is that it might be worth going back to the shop, finding a sales assistant who looks really nice, and asking for a new one. The worst they can do is say no.

Tried that this afternoon. The shop manager was patronising and thick.

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You'd probably have to get an independent report who'd agree with you - that the phone had a design flaw...Even then Microsoft Nokia will tell you to sod off..

The thing is that the 1979 sale of goods act states that if the fault shows up in first 6 months of ownership then the onus is on the vendor to prove it was my fault, that is, it is presumed to be a defect, I don't have to prove it

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The thing is that the 1979 sale of goods act states that if the fault shows up in first 6 months of ownership then the onus is on the vendor to prove it was my fault, that is, it is presumed to be a defect, I don't have to prove it

They probably wont see it as a fault - they'll say that as you dropped it, tough..

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They probably wont see it as a fault - they'll say that as you dropped it, tough..

Unfit for purpose

But yeah, I think it's a difficult one to practically. Eventually I reckon I'd win but suspect it's cheaper and easier for me to not bother

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Women!

Dont think sale of goods act or the recent EU 6 yr fit for purpose thing apply to them.

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Women!

Dont think sale of goods act or the recent EU 6 yr fit for purpose thing apply to them.

:)

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I realise I'm being unsympathetic and unhelpful, but why do so few people use phone cases?

I've dropped my smartphone many times, but the cheap case has absorbed all the punishment, whereas two of my workmates have recently paid for expensive replacement screens for their expensive unprotected phones. Smartphones are lovely shiny things, but they're not compatible with normal human clumsiness.

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I think I'm pretty much f#cked.

I really dispute the fact that reasonable wear and tear ( a minor drop) is not covered by reasonable build quality. But there you have it. Probably JUST cheaper to get repaired rather than replacement.

And will get a gel phone case for it

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I think I'm pretty much f#cked.

I really dispute the fact that reasonable wear and tear ( a minor drop) is not covered by reasonable build quality. But there you have it. Probably JUST cheaper to get repaired rather than replacement.

And will get a gel phone case for it

Otterboxes are pretty good...

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Unfit for purpose

But yeah, I think it's a difficult one to practically. Eventually I reckon I'd win but suspect it's cheaper and easier for me to not bother

It's not unfit for purpose, unless you are claiming on the purposes is to be dropped on a floor. While it might be flimsy as ******, that doesn't stop it doing the job it supposed to do.

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Wife got new lumia 535 phone. Within 2 weeks minor slip off sofa cushion onto block floor cracked screen.

This is build quality issue IMHO, not fit for purpose.

But is it worth the hassle quoting chapter and verse to talk mobile about the 1979 sale of goods act? £50 repair would be much less hassle if unjust.

Thoughts or experiences?

I had one of these too. Didnt even last 2 minutes, let alone 2 weeks. Screen cracked when I put the slightest pressure on it to remove the battery cover for the first time!

talktalk were good, replaced with a samsung immediately.

Last time I try and buy a Nokia...remember my first phones were always nokia. Used to be indestructible the old 3310.

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I bought my partner an iPad for Christmas a couple of years ago. Literally, within an hour he'd dropped it on the ground and the screen shattered into a thousand pieces. To me, this is a design flaw because the glass panel goes all the way to the edge with nothing to protect it from bumps and slight drops. We took it back to the Apple store on December 27, explained the situation, and they gave him a new one. The point of this is that it might be worth going back to the shop, finding a sales assistant who looks really nice, and asking for a new one. The worst they can do is say no.

If you pay for a premium product you'll sometimes get premium service :)

If you buy a cheap Nokia from a shed, jog on.

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It's not unfit for purpose, unless you are claiming on the purposes is to be dropped on a floor. While it might be flimsy as ******, that doesn't stop it doing the job it supposed to do.

So it's an immobile phone then

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If you pay for a premium product you'll sometimes get premium service :)

If you buy a cheap Nokia from a shed, jog on.

That's true. I want to abuse you for saying it but you're right

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I had one of these too. Didnt even last 2 minutes, let alone 2 weeks. Screen cracked when I put the slightest pressure on it to remove the battery cover for the first time!

talktalk were good, replaced with a samsung immediately.

Last time I try and buy a Nokia...remember my first phones were always nokia. Used to be indestructible the old 3310.

I think any kind of drop onto the floor means they won't help.

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Myself I have a nexus 4 with gel case. Has survived all kinds of abuse and been well supported by Google.

Having said that, google recommended I get a case to protect its premium finish

I remember 10 years ago a phone case just made it bigger and had no practical necessity

Times have clearly changed

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