Pixmania sent me a French phone, now im having problems - No warranty cos' its French

Richard_T · 01-06-2011, 18:18

On the 2nd of March i ordered a sim free phone, from what i though was a reputable UK based company, Pixmania.co.uk

When it arrived everything was in French, which at the time i didnt think there would be much of a problem, however despite my best efforts, i have been unable to connect it to any P.C to perform a software update.

After getting in touch with Motorola it appears that the phone is intended for the French market, and is not covered under motorolas UK Warranty.

I have been in touch with pixmania about this, as i am not happy about receiving a foreign phone with little or no support form the manufacturer, and i have asked for a refund, so that i can buy a phone forma company that doesnt pretend to be UK based, when in fact they are French. and they( pixmania) have said this:

Quote:

This is concerning your Motorola DEFY phone, according to our head office to be entitled for a refund on your product we need you to contact Motorola again and get them to give you credit note stating that the product is not suitable for the UK, fax it to 0033XXXXXXXXX. Do not hesitate to contact us for more information.

i have contacted motorola about this and they said they will escalate this, and call me back, but so far nothing.

What are my chances of a refund? as i do not want a French phone( due to warranty/support issues ) and from what i now know about pixmania they will be unable to supply a UK phione

stud u like · 01-06-2011, 18:23

Long distance selling, if the goods are not up to scratch or you don't want them, you can send them back within 7 days of receipt and get your money back.

TheBigM · 01-06-2011, 18:33

Quote:

Originally Posted by stud u like

Long distance selling, if the goods are not up to scratch or you don't want them, you can send them back within 7 days of receipt and get your money back.

First five words of the OP involve saying, "on the 2nd of march".

OP, don't take no for an answer. Pixmania are trying to turn this into a pass the buck game between them, you and Motorola. Motorola are under no obligation to issue a credit note to you. This is pixmania's fault and problem. You may well have to fight hard with them but do not give up, be firm.

Hopefully you ordered it via credit card and might be able to use some kind of credit protection (misdescribed good?) if need be.

I think there is a reasonable expectation that you have a UK good, not a French good.

But it's also part of the reason that given a choice, I'm usually willing to pay a bit more to buy from a retailer I'm more confident of. (Either large ones like Amazon and play.com or preferably bricks-and-mortar stores).

mred2000 · 01-06-2011, 18:34

Keep on at Motorola, get what is needed from them and Pixmania will sort you out.
I've not had anything recently from Pixmania but they've always been alright with me in the past. And they don't pretend to be based in the UK just because they have a UK website in English. When I bought from them I always had notification of where the product was coming from, always France. I think they used to have a small office in London but all goods were shipped from mainland EU...

alanwarwic · 01-06-2011, 22:20

I don't think software updates are covered under the warranty nor is assistance on how to do it.

No doubt you have chosen anglais as the phone language. Instructions for doing the updates will be online and/or via modaco forums.

mred2000 · 01-06-2011, 22:25

Actually, it seems the Defy is available for the UK Market so is there some codology at play here? http://www.techradar.com/reviews/pho...-910332/review

flagpole · 01-06-2011, 22:40

i thought all warranties in Europe had to be pan European these days?

prking · 02-06-2011, 07:11

Quote:

Originally Posted by flagpole

i thought all warranties in Europe had to be pan European these days?

Exactly, this is a Motorola issue.

You should be able to freely buy anything in the EU.

Richard_T · 02-06-2011, 09:50

Apart from the issue that motorola uk only support uk phones, I was under the impression that I was buying a fully supported uk phone, made by motorola for the uk.market, if I wanted to I could have bought it cheaper on ebay, and knowingly gone without the added protection of the mannufacturers warranty. But as it turns out I paid a litttle extra for something that I didnt get.

Awshum-Yawn · 02-06-2011, 10:34

Warranties are pan-european... but remember your recourse is always with the seller. The manufacturer has no legal obligations to you so they can stipulate all sorts of conditions.

Take it up with Pixmania again or Motorola France.

zaax · 02-06-2011, 10:34

pixmania is a french company and you got a french phone though they do have a UK VAT number.

Richard_T · 02-06-2011, 12:10

Although I now know pixmanias stuff comes from france, and they are french, Amazon, and best buy are American, yet they are capable of supplying uk spec goods

lisa02 · 02-06-2011, 16:58

Quote:

Originally Posted by Richard_T

Although I now know pixmanias stuff comes from france, and they are french, Amazon, and best buy are American, yet they are capable of supplying uk spec goods

So why didn't you buy from Amazon?

The answer is Pixmania were cheaper and you didn't know Motorola in the UK wouldn't deal with you.

Pixmania don't hide the fact they are French and the fact their stuff comes from France is well known. Amazon UK are a fully UK registered company with warehouses and distribution centres etc in the UK.

Richard_T · 02-06-2011, 19:57

Quote:

Quote:
Originally Posted by Richard_T View Post
Although I now know pixmanias stuff comes from france, and they are french, Amazon, and best buy are American, yet they are capable of supplying uk spec goods
So why didn't you buy from Amazon?

The answer is Pixmania were cheaper and you didn't know Motorola in the UK wouldn't deal with you.

Hindsight is a fantastic thing

davethorp · 02-06-2011, 20:23

Contact pixmania and mention nice worlds like "not fit for purpose" and "sale of goods act". This is nothing to do with motorola

mred2000 · 02-06-2011, 21:08

I can't see how an unbranded Android phone, that 'is' available in the UK, is acting territorially in the first place...

However, I even had problems with a UK bought HTC Hero a while back when it came to using the PC sync program to update/sync so I stopped using it and migrated my contacts, calendars and everything to Gmail.

Thinking about it, Android on the HTC can do a software update over the network via wireless or 3G. Is that not available on the Defy?

Deanparkr · 03-06-2011, 00:17

Hi,

Really this is Pixmania's problem to sort out. However as they afre French i'm not sure you have much re-course as UK consumer law might not apply.. ? :/

If you search for "Motorola Europe" on Facebook they have a community person there who can help get your case noticed up the ranks in Motorola much faster if you are hving trouble.

googleking · 03-06-2011, 02:44

Pixmania have been doing this for years, must be nearly a decade since they screwed me over in the same way, in my case with a digital camera. One of the most shameful and scummy companies I've ever had the misfortune to deal with. DO NOT BUY FROM PIXMANIA.

technoflare · 03-06-2011, 07:56

I cant see any reason why Motorola will give you a credit note, its not there fault you have a French phone, but its worth contacting them (maybe by email) so that you can respond to Pixmania that you tried but Motoroa said no. I would then contact Pixmania by email and tell them you want your phone replaced with a UK phone or a full refund. Quote the sale of goods act for wrongly described goods (check website for any mention of it being a French phone). Also detail on the email about your phone calls to them (inc dates) and what they have asked you to do, which is unacceptible. Give them 7 days to respond. If you get nowhere then try your credit card company and you will have the emails and there responces to quote to them.

Do it fast, time is of the essance...

Good luck.

acoolwelshbloke · 03-06-2011, 08:23

Funny enough i purchased a sim free defy from expansys.co.uk and got a french handset!

I gave it to the wife!

Pixmania · 03-06-2011, 15:31

Quote:

Originally Posted by Richard_T

On the 2nd of March i ordered a sim free phone, from what i though was a reputable UK based company, Pixmania.co.uk

When it arrived everything was in French, which at the time i didnt think there would be much of a problem, however despite my best efforts, i have been unable to connect it to any P.C to perform a software update.

After getting in touch with Motorola it appears that the phone is intended for the French market, and is not covered under motorolas UK Warranty.

I have been in touch with pixmania about this, as i am not happy about receiving a foreign phone with little or no support form the manufacturer, and i have asked for a refund, so that i can buy a phone forma company that doesnt pretend to be UK based, when in fact they are French. and they( pixmania) have said this:

i have contacted motorola about this and they said they will escalate this, and call me back, but so far nothing.

What are my chances of a refund? as i do not want a French phone( due to warranty/support issues ) and from what i now know about pixmania they will be unable to supply a UK phione

Hello,
Thank you for your review.
I am sorry for the problems you are having with your product.
Please note that all products sold on our site come with a legal warranty.
If you are not satisfied with your product or it does not conform to the description on our site you have 14 days to return the goods to us.
I invite you to contact me with your order details on emma@pixmania.com so that I may investigate further into your order and into the problems you have had as I would be more than happy to help you.
Kind Regards
Emma
Pixmania Mediator

googleking · 03-06-2011, 16:25

Clearly the "Pixmania Mediator" hasn't read the OP's post properly either - confirms how hopeless the company are.

acoolwelshbloke · 03-06-2011, 16:33

Quote:

Originally Posted by googleking

Clearly the "Pixmania Mediator" hasn't read the OP's post properly either - confirms how hopeless the company are.

So true!

lbear · 03-06-2011, 18:04

Time to go the credit card route.

If you paid by credit card (not debit and not through a third party like Paypal), the credit card company should be "jointly and severally liable". Request a refund from them as the goods are unfit for purpose.

Awshum-Yawn · 03-06-2011, 18:57

Quote:

Originally Posted by Pixmania

Hello,
Thank you for your review.
I am sorry for the problems you are having with your product.
Please note that all products sold on our site come with a legal warranty.
If you are not satisfied with your product or it does not conform to the description on our site you have 14 days to return the goods to us.
I invite you to contact me with your order details on emma@pixmania.com so that I may investigate further into your order and into the problems you have had as I would be more than happy to help you.
Kind Regards
Emma
Pixmania Mediator

Emma the legal warranty is not 14 days!

You are obliged to sort the buyer's problems without making any conditions for the buyer to follow other than notify you in a timely manner (not 14 days from purchase!), keep the goods safe and to make the goods available to you.

Under UK law if an item is faulty within the first 6 months of purchase it's deemed to have been faulty at the time of purchase!... The UK has a minimum 1yr warranty, goods must last a reasonable amount of time; be of satisfactory quality, with upto 6 years to claim.

Secondly... one of the main features of an Android smart phone is receiving updates for both security and stability. Unless you specified on your website that UK customers would be supplied french handsets and would be unable to update or receive other support you are in breach of the sale of goods act!

You need to sort your problem out here... you're looking very bad!

01-06-2011, 18:18	#1
Richard_T Forum Member Join Date: Dec 2002 Location: East Midlands Posts: 3,842	Pixmania sent me a French phone, now im having problems - No warranty cos' its French On the 2nd of March i ordered a sim free phone, from what i though was a reputable UK based company, Pixmania.co.uk When it arrived everything was in French, which at the time i didnt think there would be much of a problem, however despite my best efforts, i have been unable to connect it to any P.C to perform a software update. After getting in touch with Motorola it appears that the phone is intended for the French market, and is not covered under motorolas UK Warranty. I have been in touch with pixmania about this, as i am not happy about receiving a foreign phone with little or no support form the manufacturer, and i have asked for a refund, so that i can buy a phone forma company that doesnt pretend to be UK based, when in fact they are French. and they( pixmania) have said this: Quote: This is concerning your Motorola DEFY phone, according to our head office to be entitled for a refund on your product we need you to contact Motorola again and get them to give you credit note stating that the product is not suitable for the UK, fax it to 0033XXXXXXXXX. Do not hesitate to contact us for more information. i have contacted motorola about this and they said they will escalate this, and call me back, but so far nothing. What are my chances of a refund? as i do not want a French phone( due to warranty/support issues ) and from what i now know about pixmania they will be unable to supply a UK phione

01-06-2011, 18:23	#2
stud u like Forum Member Join Date: Aug 2005 Location: The Sunny Side Of The Street Posts: 40,105	Long distance selling, if the goods are not up to scratch or you don't want them, you can send them back within 7 days of receipt and get your money back.

01-06-2011, 18:33	#3
TheBigM Forum Member Join Date: Aug 2004 Location: moon Posts: 12,983	Quote: Originally Posted by stud u like Long distance selling, if the goods are not up to scratch or you don't want them, you can send them back within 7 days of receipt and get your money back. First five words of the OP involve saying, "on the 2nd of march". OP, don't take no for an answer. Pixmania are trying to turn this into a pass the buck game between them, you and Motorola. Motorola are under no obligation to issue a credit note to you. This is pixmania's fault and problem. You may well have to fight hard with them but do not give up, be firm. Hopefully you ordered it via credit card and might be able to use some kind of credit protection (misdescribed good?) if need be. I think there is a reasonable expectation that you have a UK good, not a French good. But it's also part of the reason that given a choice, I'm usually willing to pay a bit more to buy from a retailer I'm more confident of. (Either large ones like Amazon and play.com or preferably bricks-and-mortar stores).

01-06-2011, 18:34	#4
mred2000 Forum Member Join Date: Nov 2008 Posts: 8,673	Keep on at Motorola, get what is needed from them and Pixmania will sort you out. I've not had anything recently from Pixmania but they've always been alright with me in the past. And they don't pretend to be based in the UK just because they have a UK website in English. When I bought from them I always had notification of where the product was coming from, always France. I think they used to have a small office in London but all goods were shipped from mainland EU...

01-06-2011, 22:20	#5
alanwarwic Forum Member Join Date: Oct 2003 Location: the wild world web Posts: 28,132	I don't think software updates are covered under the warranty nor is assistance on how to do it. No doubt you have chosen anglais as the phone language. Instructions for doing the updates will be online and/or via modaco forums.

01-06-2011, 22:25	#6
mred2000 Forum Member Join Date: Nov 2008 Posts: 8,673	Actually, it seems the Defy is available for the UK Market so is there some codology at play here? http://www.techradar.com/reviews/pho...-910332/review

01-06-2011, 22:40	#7
flagpole Inactive Member Join Date: Jan 2003 Posts: 43,524	i thought all warranties in Europe had to be pan European these days?

02-06-2011, 07:11	#8
prking Forum Member Join Date: Sep 2002 Location: Weston-super-Mare Posts: 9,167	Quote: Originally Posted by flagpole i thought all warranties in Europe had to be pan European these days? Exactly, this is a Motorola issue. You should be able to freely buy anything in the EU.

02-06-2011, 09:50	#9
Richard_T Forum Member Join Date: Dec 2002 Location: East Midlands Posts: 3,842	Apart from the issue that motorola uk only support uk phones, I was under the impression that I was buying a fully supported uk phone, made by motorola for the uk.market, if I wanted to I could have bought it cheaper on ebay, and knowingly gone without the added protection of the mannufacturers warranty. But as it turns out I paid a litttle extra for something that I didnt get.

02-06-2011, 10:34	#10
Awshum-Yawn Guest Join Date: Oct 2009 Posts: 1,651	Warranties are pan-european... but remember your recourse is always with the seller. The manufacturer has no legal obligations to you so they can stipulate all sorts of conditions. Take it up with Pixmania again or Motorola France.

02-06-2011, 10:34	#11
zaax Forum Member Join Date: Feb 2003 Posts: 171	pixmania is a french company and you got a french phone though they do have a UK VAT number.

02-06-2011, 12:10	#12
Richard_T Forum Member Join Date: Dec 2002 Location: East Midlands Posts: 3,842	Although I now know pixmanias stuff comes from france, and they are french, Amazon, and best buy are American, yet they are capable of supplying uk spec goods

02-06-2011, 16:58	#13
lisa02 Guest Join Date: Jul 2006 Posts: 1,084	Quote: Originally Posted by Richard_T Although I now know pixmanias stuff comes from france, and they are french, Amazon, and best buy are American, yet they are capable of supplying uk spec goods So why didn't you buy from Amazon? The answer is Pixmania were cheaper and you didn't know Motorola in the UK wouldn't deal with you. Pixmania don't hide the fact they are French and the fact their stuff comes from France is well known. Amazon UK are a fully UK registered company with warehouses and distribution centres etc in the UK.

02-06-2011, 19:57	#14
Richard_T Forum Member Join Date: Dec 2002 Location: East Midlands Posts: 3,842	Quote: Quote: Originally Posted by Richard_T View Post Although I now know pixmanias stuff comes from france, and they are french, Amazon, and best buy are American, yet they are capable of supplying uk spec goods So why didn't you buy from Amazon? The answer is Pixmania were cheaper and you didn't know Motorola in the UK wouldn't deal with you. Hindsight is a fantastic thing

02-06-2011, 20:23	#15
davethorp Forum Member Join Date: Mar 2007 Location: Preston, Lancashire Posts: 7,255	Contact pixmania and mention nice worlds like "not fit for purpose" and "sale of goods act". This is nothing to do with motorola

02-06-2011, 21:08	#16
mred2000 Forum Member Join Date: Nov 2008 Posts: 8,673	I can't see how an unbranded Android phone, that 'is' available in the UK, is acting territorially in the first place... However, I even had problems with a UK bought HTC Hero a while back when it came to using the PC sync program to update/sync so I stopped using it and migrated my contacts, calendars and everything to Gmail. Thinking about it, Android on the HTC can do a software update over the network via wireless or 3G. Is that not available on the Defy?

03-06-2011, 00:17	#17
Deanparkr Forum Member Join Date: Jun 2003 Posts: 813	Hi, Really this is Pixmania's problem to sort out. However as they afre French i'm not sure you have much re-course as UK consumer law might not apply.. ? :/ If you search for "Motorola Europe" on Facebook they have a community person there who can help get your case noticed up the ranks in Motorola much faster if you are hving trouble.

03-06-2011, 02:44	#18
googleking Forum Member Join Date: Sep 2003 Location: West London Posts: 14,776	Pixmania have been doing this for years, must be nearly a decade since they screwed me over in the same way, in my case with a digital camera. One of the most shameful and scummy companies I've ever had the misfortune to deal with. DO NOT BUY FROM PIXMANIA.

03-06-2011, 07:56	#19
technoflare Forum Member Join Date: May 2002 Location: Warrington Posts: 2,458	I cant see any reason why Motorola will give you a credit note, its not there fault you have a French phone, but its worth contacting them (maybe by email) so that you can respond to Pixmania that you tried but Motoroa said no. I would then contact Pixmania by email and tell them you want your phone replaced with a UK phone or a full refund. Quote the sale of goods act for wrongly described goods (check website for any mention of it being a French phone). Also detail on the email about your phone calls to them (inc dates) and what they have asked you to do, which is unacceptible. Give them 7 days to respond. If you get nowhere then try your credit card company and you will have the emails and there responces to quote to them. Do it fast, time is of the essance... Good luck.

03-06-2011, 08:23	#20
acoolwelshbloke Forum Member Join Date: Mar 2006 Location: Swansea, UK. Posts: 2,469	Funny enough i purchased a sim free defy from expansys.co.uk and got a french handset! I gave it to the wife!

03-06-2011, 15:31	#21
Pixmania Forum Member Join Date: Feb 2009 Posts: 2	Quote: Originally Posted by Richard_T On the 2nd of March i ordered a sim free phone, from what i though was a reputable UK based company, Pixmania.co.uk When it arrived everything was in French, which at the time i didnt think there would be much of a problem, however despite my best efforts, i have been unable to connect it to any P.C to perform a software update. After getting in touch with Motorola it appears that the phone is intended for the French market, and is not covered under motorolas UK Warranty. I have been in touch with pixmania about this, as i am not happy about receiving a foreign phone with little or no support form the manufacturer, and i have asked for a refund, so that i can buy a phone forma company that doesnt pretend to be UK based, when in fact they are French. and they( pixmania) have said this: i have contacted motorola about this and they said they will escalate this, and call me back, but so far nothing. What are my chances of a refund? as i do not want a French phone( due to warranty/support issues ) and from what i now know about pixmania they will be unable to supply a UK phione Hello, Thank you for your review. I am sorry for the problems you are having with your product. Please note that all products sold on our site come with a legal warranty. If you are not satisfied with your product or it does not conform to the description on our site you have 14 days to return the goods to us. I invite you to contact me with your order details on emma@pixmania.com so that I may investigate further into your order and into the problems you have had as I would be more than happy to help you. Kind Regards Emma Pixmania Mediator

DS Forums

Pixmania sent me a French phone, now im having problems - No warranty cos' its French

03-06-2011, 16:25	#22
googleking Forum Member Join Date: Sep 2003 Location: West London Posts: 14,776	Clearly the "Pixmania Mediator" hasn't read the OP's post properly either - confirms how hopeless the company are.

03-06-2011, 16:33	#23
acoolwelshbloke Forum Member Join Date: Mar 2006 Location: Swansea, UK. Posts: 2,469	Quote: Originally Posted by googleking Clearly the "Pixmania Mediator" hasn't read the OP's post properly either - confirms how hopeless the company are. So true!

03-06-2011, 18:04	#24
lbear Forum Member Join Date: Aug 2007 Location: London SE8 Posts: 1,769	Time to go the credit card route. If you paid by credit card (not debit and not through a third party like Paypal), the credit card company should be "jointly and severally liable". Request a refund from them as the goods are unfit for purpose.

03-06-2011, 18:57	#25
Awshum-Yawn Guest Join Date: Oct 2009 Posts: 1,651	Quote: Originally Posted by Pixmania Hello, Thank you for your review. I am sorry for the problems you are having with your product. Please note that all products sold on our site come with a legal warranty. If you are not satisfied with your product or it does not conform to the description on our site you have 14 days to return the goods to us. I invite you to contact me with your order details on emma@pixmania.com so that I may investigate further into your order and into the problems you have had as I would be more than happy to help you. Kind Regards Emma Pixmania Mediator Emma the legal warranty is not 14 days! You are obliged to sort the buyer's problems without making any conditions for the buyer to follow other than notify you in a timely manner (not 14 days from purchase!), keep the goods safe and to make the goods available to you. Under UK law if an item is faulty within the first 6 months of purchase it's deemed to have been faulty at the time of purchase!... The UK has a minimum 1yr warranty, goods must last a reasonable amount of time; be of satisfactory quality, with upto 6 years to claim. Secondly... one of the main features of an Android smart phone is receiving updates for both security and stability. Unless you specified on your website that UK customers would be supplied french handsets and would be unable to update or receive other support you are in breach of the sale of goods act! You need to sort your problem out here... you're looking very bad!