G
guto8797
Guest
- Jurisdiction
- European Union
I'll open saying I'm from Portugal, so this probably falls a lot under EU legislation. A bit afraid no one will answer because of that, but I kinda need to try. And sorry for my English.
So, less than 2 years ago I purchased a smartphone at a local retailer (Rádio Popular), which I used for a while. Never noticed anything wrong until we went on vacations, and I noticed that the GPS never worked, no matter location, height, obstacles, etc.
I didn't think much of this at the time since I didn't make use of the GPS, so I just carried on.
A little while after this incident, I rooted my phone. For those of you who don't know, Android phones can be "rooted", a process which unlocks access to some advanced features that are usually unavailable to users or apps. I did this to install root-only apps, such as the android equivalent of F.lux, a GPS diagnostics tool (which confirmed that the GPS never managed to lock on to a single satellite), etc. However, rooting can also be used to overclock, something I never engaged in since I know trying to squeeze more power out of a box with a battery and no fans is a bad idea. Another thing to take into account is that in order to root, I had to unlock the bootloader using a third party tool.
Over time, another issue cropped up: The headphone jack started failing. At first it would disconnect the headphones if tapped on the side to left, but after a while it shut down completely. Since the phone was still covered by warranty, I decided to send it for a patch up. My mistake here was not factory resetting the phone and getting rid of the root.
After a month I get an e-mail: the shop states that the brand refuses to cover the warranty because of the rooting process, and so the shop sent me the budget that I had to approve if I wanted the phone fixed. The fix involved replacing the entire motherboard and cost nearly as much as the entire phone in the first place!
Obviously I was pissed. I traded e-mails back and forth trying to get a peaceful resolution, but the store didn't budge, so I decided to resort to a local legal service, the CIAB, or Arbitral consumer court (tough to translate, its essentially a mediator and conflict resolution court so that the folks pressing a complaint don't have to pay any fees).
There was a mediating meeting, but the shop still didn't budge. They argued that since the brand displayed a warning before the rooting process stating that the warranty would be void, that they didn't have to cover it. Keep in mind that I never got this warning since I never used any official tool, and I don't think they existed for that phone type, so I used a third party unlocker. So now I am pondering advancing to the next, actual legal phase of the process, a trial with judge and all that.
So now here I am, wondering if going forwards is worth my time or not. I'd really hope you could answer some questions:
* Does rooting really void the warranty? The whole reason I advanced with this process is that I believe it doesn't, which is backed by things like this advice from the Free Software Foundation of Europe (Does rooting your device (e.g. an Android phone) and replacing its operating system with something else void your statutory warranty, if you are a consumer?). The law states that the seller (the shop, not the brand), has a duty to provide warranty for 2 years or until unproper use of the device is proven. Here comes the million dollar question: Is rooting unproper use?
* Does bootloading void the warranty? I am worried that they might try to bone me because of rooting is not a process that voids the warranty, they might try to argue that bootloading does void it.
* The brand and the shop. The brand refuses to cover the warranty, but my doubt here is: how is that relevant at all? I bought it from the store, not the brand. If the brand refuses to fix it, the store still has to either fix or replace it no? Or can a refusal from the brand grant them the right to refuse me?
* Can I be boned for using a third party unlocker? I don't think fiddling with the software can void the warranty of the hardware can it? If so, all PC's would lose their warranty very very quickly.
* What arguments, what printed documents and etc should I have at the ready to increase my odds of winning? I can't really afford to hire an actual lawyer, the closest thing I have is my uncle, which is a lawyer, but whose license has expired since he didn't pay the dues.
Thanks in advance. Really desperate for some advice of someone who actually knows what they are talking about.
So, less than 2 years ago I purchased a smartphone at a local retailer (Rádio Popular), which I used for a while. Never noticed anything wrong until we went on vacations, and I noticed that the GPS never worked, no matter location, height, obstacles, etc.
I didn't think much of this at the time since I didn't make use of the GPS, so I just carried on.
A little while after this incident, I rooted my phone. For those of you who don't know, Android phones can be "rooted", a process which unlocks access to some advanced features that are usually unavailable to users or apps. I did this to install root-only apps, such as the android equivalent of F.lux, a GPS diagnostics tool (which confirmed that the GPS never managed to lock on to a single satellite), etc. However, rooting can also be used to overclock, something I never engaged in since I know trying to squeeze more power out of a box with a battery and no fans is a bad idea. Another thing to take into account is that in order to root, I had to unlock the bootloader using a third party tool.
Over time, another issue cropped up: The headphone jack started failing. At first it would disconnect the headphones if tapped on the side to left, but after a while it shut down completely. Since the phone was still covered by warranty, I decided to send it for a patch up. My mistake here was not factory resetting the phone and getting rid of the root.
After a month I get an e-mail: the shop states that the brand refuses to cover the warranty because of the rooting process, and so the shop sent me the budget that I had to approve if I wanted the phone fixed. The fix involved replacing the entire motherboard and cost nearly as much as the entire phone in the first place!
Obviously I was pissed. I traded e-mails back and forth trying to get a peaceful resolution, but the store didn't budge, so I decided to resort to a local legal service, the CIAB, or Arbitral consumer court (tough to translate, its essentially a mediator and conflict resolution court so that the folks pressing a complaint don't have to pay any fees).
There was a mediating meeting, but the shop still didn't budge. They argued that since the brand displayed a warning before the rooting process stating that the warranty would be void, that they didn't have to cover it. Keep in mind that I never got this warning since I never used any official tool, and I don't think they existed for that phone type, so I used a third party unlocker. So now I am pondering advancing to the next, actual legal phase of the process, a trial with judge and all that.
So now here I am, wondering if going forwards is worth my time or not. I'd really hope you could answer some questions:
* Does rooting really void the warranty? The whole reason I advanced with this process is that I believe it doesn't, which is backed by things like this advice from the Free Software Foundation of Europe (Does rooting your device (e.g. an Android phone) and replacing its operating system with something else void your statutory warranty, if you are a consumer?). The law states that the seller (the shop, not the brand), has a duty to provide warranty for 2 years or until unproper use of the device is proven. Here comes the million dollar question: Is rooting unproper use?
* Does bootloading void the warranty? I am worried that they might try to bone me because of rooting is not a process that voids the warranty, they might try to argue that bootloading does void it.
* The brand and the shop. The brand refuses to cover the warranty, but my doubt here is: how is that relevant at all? I bought it from the store, not the brand. If the brand refuses to fix it, the store still has to either fix or replace it no? Or can a refusal from the brand grant them the right to refuse me?
* Can I be boned for using a third party unlocker? I don't think fiddling with the software can void the warranty of the hardware can it? If so, all PC's would lose their warranty very very quickly.
* What arguments, what printed documents and etc should I have at the ready to increase my odds of winning? I can't really afford to hire an actual lawyer, the closest thing I have is my uncle, which is a lawyer, but whose license has expired since he didn't pay the dues.
Thanks in advance. Really desperate for some advice of someone who actually knows what they are talking about.