Failure to Comply to the Law

<p>Hi there,</p> <p> </p> <p>My name is Shaun.</p> <p> </p> <p>I recently bought a phone from the Orange Store on 26 September 2016.</p> <p> </p> <p>The phone is a Wileyfox Storm.</p> <p> </p> <p>The phone was working fine initially, however, after about 3-4 weeks, I noticed that the phone keeps on getting hotter and hotter when used or charged and that the battery drains more rapidly. This is not useful to me as I need the phone to be reliable.</p> <p> </p> <p>I contacted the Orange Store in order to have them collect the phone and issue me with a refund, however, they are refusing to do so.</p> <p> </p> <p>They claim that I do not have the right to receive a refund on the phone that I have purchased.</p> <p> </p> <p>Their Terms and Conditions state the following:</p> <p> </p> <p>“13. GENERAL</p> <p> </p> <p>Applicable Law. Any dispute or purported dispute arising out of this Terms of Sale shall be governed by and construed in accordance with the law of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law. Installation of equipment including car kits must be carried by a suitably qualified professional technician.”</p> <p> </p> <p>Basically, they confirm that they shall adhere to South African Law. The Consumer Protection Act gives me the right to receive a refund of the purchase within 6 months should I wish this.</p> <p> </p> <p>Due to the problems the phone has, it will no longer charge nor will it turn on anymore. This phone is faulty.</p> <p> </p> <p>It is my right to receive a refund however they are refusing me my refund.</p> <p> </p> <p>Consumer Protection Act:</p> <p> </p> <p>“Consumer’s rights to safe, good quality goods</p> <p>55. (1) This section does not apply to goods bought at an auction, as contemplated in section 45.</p> <p>(2) Except to the extent contemplated in subsection (6), every consumer has a right to receive goods that—</p> <p>(a) are reasonably suitable for the purposes for which they are generally intended;</p> <p>(b) are of good quality, in good working order and free of any defects;</p> <p>(c) will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and</p> <p>(d) comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.</p> <p> </p> <p>Imp**** warranty of quality</p> <p> </p> <p>56. (1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered</p> <p>contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.</p> <p>(2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—</p> <p>(a) repair or replace the failed, unsafe or defective goods; or</p> <p>(b) refund to the consumer the price paid by the consumer, for the goods.”</p> <p>Therefore, I demand that Orange Store Immediately collect the faulty goods and refund me.</p>