Jet sells 2nd hand, damaged cellphone

I purchased a cellphone from Cornubia Jet in Durban on 17th Oct, the plastic wrap was removed and the seal was cut off before they could bring it out of the store room.

The phone randomly turns itself off and the screen flickers and sometimes self taps and opens apps without any input from user.

I took it back to the store on 22nd Oct (ie. within 7 days of purchase) with original packaging and till slip and they refuse to give me a refund, the lady I spoke to refused to listen to my query and instead insisted that there was nothing wrong with the phone and that I should take the phone home and update the software.

The following claims were made by your employee : 1. She insisted that there was nothing wrong with the phone and that I should take the phone home and update the software and add my email account. This claim is ******* as the android system that comes with the device is sufficient to operate the phone and email account (or google account) is not required. 2. She then stated that the cause of the problem was that data (specifically a Vodacom 79MB package) was required in order for the phone to stop switching itself off and that wifi alone was not enough to operate the device. A Vodacom employee was present at this time and she looked to him for confirmation and he agreed. I've contacted Vodacom in this regard seeing as a representative of your company is implicating their firm in her lies. 3. When I mentioned that the seal was cut and the plastic wrapping removed, she dismissed this claim saying that it was not possible for them to sell a second hand phone. This is also false as is evident from this incident.

Please note I've been a software developer for 7 years, 4 of which I've spent building mobile apps for Android. Some of the apps I've worked on included offline apps where knowledge of cellular networks is required so I know when I'm being **** to.

Jet doesn't honor it's refund policy. This matter is in direct violation of the Consumer Protection Act and I will not leave this matter unresolved until a full refund is issued.