Feeling a bit betrayed

Feeling a bit betrayed by FP

So I got it in my hands. I had waited for months and all of the sudden I got it, just days after I asked FP NOT to send it to me, since a relative had unexpectedly given to me his iphone. I asked for a recess, they told me OK and, a week after that, sent me the FP2. Not a single word from them.

I was excited. Even if I had asked for a recess I still felt that change is indeed in our hands and unboxed it. There it was, a FP2 with the back cover I asked for and a old used front screen full of scretchs and marks.

I am keeping it, I am giving away the used iphone and I am joining the movement, I just feel a bit betrayed: I had thought that this special and unique smartphone was associated with good market practices. I may only hope they will enjoy the money I gave to them.

Paolo (Italy)

Such things happen in times when distribution etc. are controled by software. You know, you could have sent it back? Wish you lots of fun with it. It really is a cool feeling. :heart_eyes:

So you got a refurbished one?

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Given your name I assume you are Portuguese, residing in Portugal.

In the EU, you have a right of withdrawal.

Companies communicate this to you.

Here’s an example of Apple communicating this to UK customers:

And here is a company communicating it in various languages (click the flag):

http://es.grandstream.net/es/derecho-de-desistimiento/

Unfortunately they don’t have a text about it in Portuguese.

This was the best I could find in Portuguese but its a bit long:

http://www.wipo.int/wipolex/en/text.jsp?file_id=199767

It suggests its called “direito de retirada”.

However more relevant is directive 97/7/EG (although superseded, largely relevant which is explained in English here

If the supplier has provided all the information to be communicated before contract formation, the consumer has an automatic right to cancel and rescind a contract at any time from its formation until seven working days after the goods are delivered; or for service contracts, seven working days after the contract is formed (which might be before the service was to have been performed)"

I repeat: if you ordered via the Internet in the EU then within 7 days after you received the product you are allowed to send the product back. It has to be pristine/vanilla. Not exactly unused. The company can deduct costs like reapplying plastic covers on screen etc from your refund.

No comment :wink: … but you are right about the EU customer rights, of course.

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Also you don’t need to go to Apple to find a return policy:

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what I got is a phone they told me they wouldnt have delivered to me since I asked not to weeks in advancd. I also got a display that I wouldnt define as refurbished as it must have been used by someone who just doesnt care for his screen. it aint new but if I send it back do you think they would accept a used sctetched and marked display for a refund? We ll never know

Thank you so much. I absolutely know what my rights are, its just not me to send back a Fairphone, even a used thing as the one I got.
my topic isnt about my rights as a customer, Im sorry for having mislead the replyies, it is about business practices. In other words: why you send a product to a customer just a week after you assured him you wouldnt send it? Why do you send a product which appears not new and evidently used? Do you sell used phones? Did he pay for a scretched display? Why dont you talk to your customer for months and when he tells he wants a recess in just a few days you answer ok no problem and then send him a used phone? Is that a way to avoid an unwanted return? We ll never know.
I just expected something better from FP, I ll keep my FP cos thats how I am made, too bad FP behaved this way.

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Excuse me. :blush: Sorry for assuming you are Portuguese Paolo.

I’m glad you know your rights. It is important to know your rights, I’m not saying you should exercise them in your circumstance. I myself had to wait quite some time till I received my FP2 as well back in ~may 2016.

Hanlon’s razor: “Never attribute to malice that which is adequately explained by stupidity”.

Applied here,

[quote=“paolo_de_andreis, post:7, topic:34618”]
Why dont you talk to your customer for months and when he tells he wants a recess in just a few days you answer ok no problem and then send him a used phone? Is that a way to avoid an unwanted return?
[/quote]I’d assume because it wasn’t communicated well internally. Their helpdesk has congestion. They hired 2 new employees at the end of October but they gotta be trained as well. That’s not an excuse; it is an explanation. It isn’t good quality of customer support, and they know it.

The Fairphone forums are for and by enthusiasts so if you want a response on this I recommend you contact them about this. Of course, that adds up to the congestion issue.

[quote=“paolo_de_andreis, post:7, topic:34618”]
Why do you send a product which appears not new and evidently used?

Do you sell used phones? Did he pay for a scretched display?
[/quote]Did you buy directly from Fairphone? Its not entirely clear to me if you knew the phone was refurbished before you received it? It seems you didn’t know. Did you pay the same price as a new one, 529 EUR?

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Thank you for your replies
I dont want to add to their congestion I thought about that.
I did pay the full price and didnt mind to wait, it’s just that having received in those months of waiting a functioning smartphone from a relative I thought the better option was to avoid getting the FP, I was confindent it would have been shipped to someone else waiting for it.

I had dreamt of showing my FP to friends and colleagues after months during which I have been a FP evangelist with all of them, talking about environment, safety, workers rights and so on. Now I guess Ill just keep it in my pocket, I couldnt honestly suggest any of my friend to deal with that congestion.

Have a good day

Forgot to answer: Yes I bought directly from the FP official site

Just give them a call, maybe there was a mixup with adresses and you received a repaired phone from another customer, who in turn is waiting for his phone. Even a refurbished phone should not have serious scratches on the display. I thought at first, you might be exaggerating a bit to make your point. My bad for misinterpreting you. :blush:
In the end they really canceled your order.
When getting something obviously used as new, you should always “file a complaint”, as there evidently something is wrong!

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Paolo, as BertG said, you should contact them. A new device should not have scratches, end of story. It could fall under the laws cited but also under other laws. Your first usage of the FP2 has been unfortunately lackluster. You don’t want to use a phone with which you had a bad first experience which isn’t according to the description. What your next step should be, I leave that totally up to you and Fairphone. I’d try to work something out with their customer support representative. I can imagine that, since the mistake is at Fairphone, they’d give you a postal address to send the phone back (free of charge) and then allow you to either get a full refund or get a new one. With priority over new buyers. They’d also want to investigate the matter internally either before or after you send back the FP2.

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@paolo_de_andreis I first want to thank you for your immense patience and understanding. But indeed, the people in this topic are right: things are not how they should have been in your case. I’d be happy to investigate next week when I am back in the office for you what went wrong and have a chance to make it right. Please send me your order number in a private message and any other details like the mail-address you used to buy the phone.

I will gladly assist and make sure you end up with a Fairphone 2 you feel happy with and will be proud to show to your friends.

Best,
Douwe

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Thanks Bert
I think you are right
I thought about it and sent to FP support my order s data and explained what happened, leaving up to them any eventual solution. I also told em I want to keep my FP2, I love it even with this display :slight_smile:

Thank you Douwe you are very kind.
I will send you a pm with my data, thanks.

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Just to be sure: is really the display scratched or might it be a protection foil on the display?
My FP2 came originally with a protection foil that (at least after short time) looked pretty bad, too. After removing it, the screen itself was perfectly fine.

(Sorry if this was a stupid question but I remember a thread some time ago where this was the issue.)

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Thank you !!
in Italy we have a saying which goes “I put ashes on my head”, which means to greatly apologize and manifest a inner deep sense of guilt for actions taken.
Today it is my turn: my partner and I both looked closely to the display and examined - so we thought - every inch of it. We didnt spot the foil on the display, not even thought of its possible deployment by FP.
Yes there was a foil and as I peeled that off there it was my beautiful Fairphone with a crystal clean intact shining display!!

I sincerely apologize for my dumbness and for having mislead the FP community, letme just say that I was conquered by my FP2 even with the display I believed it to be in so bad conditions.

thanks to all of you guys, this is a beautiful community, Im gonna bury myself six feet deep in ashes, I ll come out just to brag around about how cool FP2 is.

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No need to be sorry or apologize on my behalf.
I have just been roflmao :smile_cat:
Sooooo funny!!!
Just good, that everything turned out fine. :slight_smile:

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