Faulty mobile replaced with different colour

Hello,

Carphone Warehouse have replaced a 11 month old LG phone under warranty with a different colour, after being unable to repair it.

This isn't acceptable to me, but they state the colour is "not part of the specification" therefore they can replace with different colours.

They have no stock of the phone I bought from them, fair enough, this happens. They are completely refusing to give me my faulty phone back (so I could go straight to the manufacturer), or provide a refund.

Are they acting legally?

Thanks in advance for any responses.
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  • agrinnall
    agrinnall Posts: 23,344
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    Does it really matter? If it's such a huge issue to you, buy a cover so you can't see the colour.
  • JJ_Egan
    JJ_Egan Posts: 20,281
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    The manufacturer is under no obligation to give you a replacement .
  • robatwork
    robatwork Posts: 7,086
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    mooslapper wrote: »
    This isn't acceptable to me, but they state the colour is "not part of the specification" therefore they can replace with different colours.

    It isn't acceptable to you, but it would be acceptable to the law's view of a "reasonable person". So yes, they can do this and you should accept it.
  • bris
    bris Posts: 10,548
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    A warranty is over and above your statutory rights so if it allows for it then yes they can do it.


    If you wanted to challenge it then you need to go down the CCR route, this is you consumer rights. With the phone being 11 months old it's not so straight forward and even then would a reasonable person see this as such a big deal? Probably not, but you could try escalating it up the chain with a cleverly worded and polite email.
  • naedanger
    naedanger Posts: 3,102
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    mooslapper wrote: »
    Hello,

    Carphone Warehouse have replaced a 11 month old LG phone under warranty with a different colour, after being unable to repair it.

    This isn't acceptable to me, but they state the colour is "not part of the specification" therefore they can replace with different colours.

    They have no stock of the phone I bought from them, fair enough, this happens. They are completely refusing to give me my faulty phone back (so I could go straight to the manufacturer), or provide a refund.

    Are they acting legally?

    Thanks in advance for any responses.

    When you originally bought the phone did you get to choose the color? If so then I would argue the colour was part of the original specification.
  • Thanks for the replies.

    I don't think it's unreasonable to spend hundreds of pounds on an electrical items and expect it to last a year, or be repaired or replaced like for like within the warranty period.

    Colour was a choice at the time of purchase, and I would.not have paid for the colour I've ended up with. The original colour is still available from other retailers.

    Unfortunately I've already exhausted their escalation paths to be met by the same brick wall by all methods - CPW don't consider colour to be part of the specification.

    To the smart alecs who suggest a case or being unreasonable, I have thought of this thanks. A case does not completely cover the garish colour provided, ignoring the fact it is an extra expense to cover for their lack of stock and poor policies.
  • unholyangel
    unholyangel Posts: 16,863
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    5.22.3 The use of terms that allow the trader to change what is supplied conflicts
    with the consumer’s legal right to receive something that is in all significant
    respects what the trader stated108 would be supplied, not merely something
    similar or equivalent. Consumers are legally entitled to expect satisfactory
    quality in goods and digital content which they have paid for, and that
    services will be provided with reasonable skill and care, but this does not
    mean it is fair to reserve a right to supply something that is merely of
    equivalent standard or value. Terms should respect both the right to
    receive products that are as described and the right to satisfactory quality,
    not one or the other.

    Although the difficult part is, if its been replaced under warranty, they may ask you to prove the fault was inherent.

    Colour quite clearly is an important aspect to many people as they often pay a premium for certain colours. Consumer Rights Act (assuming you purchased after 1st oct 2015) also states in its explanatory notes that a replacement needs to be identical. No contractual term can be used to deprive you of your statutory rights.

    Put quite simply, the replacement goods do not match the contract description, the replacement therefore does not conform to contract. Any term allowing them to provide alternative goods would likely be classed as an unfair term as it has the effect of allowing them to change what is supplied after you became bound by the contract.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • naedanger
    naedanger Posts: 3,102
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    edited 9 October 2016 at 12:54PM
    mooslapper wrote: »
    Thanks for the replies.

    I don't think it's unreasonable to spend hundreds of pounds on an electrical items and expect it to last a year, or be repaired or replaced like for like within the warranty period.

    Colour was a choice at the time of purchase, and I would.not have paid for the colour I've ended up with. The original colour is still available from other retailers.

    Unfortunately I've already exhausted their escalation paths to be met by the same brick wall by all methods - CPW don't consider colour to be part of the specification.

    To the smart alecs who suggest a case or being unreasonable, I have thought of this thanks. A case does not completely cover the garish colour provided, ignoring the fact it is an extra expense to cover for their lack of stock and poor policies.

    To help determine the best way of taking this forward it would help knowing the answers to the following:

    1) How did you pay for the phone when you originally bought it? (You have more options if you paid by credit card.)

    2) Also what was wrong with the phone? (The purpose of this question is to help determine whether you can claim under the Consumer Rights Act (CRA) rather than the warranty.) The CRA only covers faults that were present when you bought the phone although they may not manifest themselves until later - so lack of durability might be an inherent fault but accidental damage would not.

    3) Do you have the warranty wording? And if so what does it say about replacements being of the same spec? Does the wording mention color? (These questions will not be relevant if you claim under the CRA.)
  • robatwork
    robatwork Posts: 7,086
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    Colour quite clearly is an important aspect to many people as they often pay a premium for certain colours. Consumer Rights Act (assuming you purchased after 1st oct 2015) also states in its explanatory notes that a replacement needs to be identical. No contractual term can be used to deprive you of your statutory rights.

    Interesting - I went in search of the Act:
    http://www.legislation.gov.uk/ukpga/2015/15/section/23

    and the notes:
    http://www.legislation.gov.uk/ukpga/2015/15/notes

    which does use the word "identical". However more specifically it says A replacement would usually need to be identical, that is of the same make and model and if the goods were bought new then the replacement would need to be new.

    So it's qualified with usually, and mentions make and model but nowhere does it mention colour.

    I appreciate that some people wouldn't accept the rose gold over the silver for example, and some pay more for a particular finish.

    I wonder if there is any case law on a similar subject - my feeling is that if you rocked up before Your Honour and said you refused the identical (new) phone because it was rose gold not silver, you would generally get short shrift.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    You will also find that manufacturers will use full model numbers that will be specific to a particular region/colour. So for example the Samsung S6 will be known as the S6 but to a retailer it will be SM-G920S-BL.
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