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  • FIRST POST
    • mooslapper
    • By mooslapper 9th Oct 16, 6:49 AM
    • 8Posts
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    mooslapper
    Faulty mobile replaced with different colour
    • #1
    • 9th Oct 16, 6:49 AM
    Faulty mobile replaced with different colour 9th Oct 16 at 6:49 AM
    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.
Page 1
    • agrinnall
    • By agrinnall 9th Oct 16, 7:22 AM
    • 15,668 Posts
    • 11,377 Thanks
    agrinnall
    • #2
    • 9th Oct 16, 7:22 AM
    • #2
    • 9th Oct 16, 7:22 AM
    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
    • By JJ Egan 9th Oct 16, 8:42 AM
    • 8,847 Posts
    • 3,578 Thanks
    JJ Egan
    • #3
    • 9th Oct 16, 8:42 AM
    • #3
    • 9th Oct 16, 8:42 AM
    The manufacturer is under no obligation to give you a replacement .
    • robatwork
    • By robatwork 9th Oct 16, 10:03 AM
    • 3,356 Posts
    • 3,568 Thanks
    robatwork
    • #4
    • 9th Oct 16, 10:03 AM
    • #4
    • 9th Oct 16, 10:03 AM
    This isn't acceptable to me, but they state the colour is "not part of the specification" therefore they can replace with different colours.
    Originally posted by mooslapper
    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
    • By bris 9th Oct 16, 10:55 AM
    • 6,153 Posts
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    bris
    • #5
    • 9th Oct 16, 10:55 AM
    • #5
    • 9th Oct 16, 10:55 AM
    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
    • By naedanger 9th Oct 16, 12:01 PM
    • 1,805 Posts
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    naedanger
    • #6
    • 9th Oct 16, 12:01 PM
    • #6
    • 9th Oct 16, 12:01 PM
    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.
    Originally posted by mooslapper
    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.
    • mooslapper
    • By mooslapper 9th Oct 16, 12:26 PM
    • 8 Posts
    • 4 Thanks
    mooslapper
    • #7
    • 9th Oct 16, 12:26 PM
    • #7
    • 9th Oct 16, 12:26 PM
    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
    • By unholyangel 9th Oct 16, 12:54 PM
    • 10,207 Posts
    • 7,363 Thanks
    unholyangel
    • #8
    • 9th Oct 16, 12:54 PM
    • #8
    • 9th Oct 16, 12:54 PM
    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.
    Money doesn't solve poverty.....it creates it.
    • naedanger
    • By naedanger 9th Oct 16, 1:51 PM
    • 1,805 Posts
    • 1,393 Thanks
    naedanger
    • #9
    • 9th Oct 16, 1:51 PM
    • #9
    • 9th Oct 16, 1:51 PM
    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.
    Originally posted by mooslapper
    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.)
    Last edited by naedanger; 09-10-2016 at 1:54 PM.
    • robatwork
    • By robatwork 10th Oct 16, 8:30 PM
    • 3,356 Posts
    • 3,568 Thanks
    robatwork
    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.
    Originally posted by unholyangel
    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
    • By OlliesDad 11th Oct 16, 12:26 PM
    • 1,740 Posts
    • 1,588 Thanks
    OlliesDad
    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.
    • fleshandbone
    • By fleshandbone 11th Oct 16, 12:33 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    I would not be happy about this either.
    If I had a Jet black Iphone 7 and then it was replaced with Rose Gold I would be foaming at the mouth.
    In my opinion CarPhoneWarehouse have provided poor customer service.
    Last edited by fleshandbone; 11-10-2016 at 12:39 PM.
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • LadyDee
    • By LadyDee 11th Oct 16, 1:56 PM
    • 2,106 Posts
    • 2,125 Thanks
    LadyDee
    But if the retailer is genuinely unable to provide a phone in the original colour what would be the alternative? If the manufacturer won't replace it then the only alternative would be for the original seller to refund the cost so the OP could then go elsewhere and buy one, but they are unlikely to do that if the phone has been used for 11 months.

    I love my bright green phone but if it had to be replaced with another (brand new) phone in a different colour I'd be disappointed, but after nearly a year's use I'd accept that replacing my well-used phone with a brand new one of another colour is actually a pretty good deal.
    • DoaM
    • By DoaM 11th Oct 16, 2:02 PM
    • 1,009 Posts
    • 918 Thanks
    DoaM
    Just to say ... OP doesn't say they received a brand new replacement phone, just a replacement (that could easily be a refurb).
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    • fleshandbone
    • By fleshandbone 11th Oct 16, 2:10 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    But if the retailer is genuinely unable to provide a phone in the original colour what would be the alternative? If the manufacturer won't replace it then the only alternative would be for the original seller to refund the cost so the OP could then go elsewhere and buy one, but they are unlikely to do that if the phone has been used for 11 months.

    I love my bright green phone but if it had to be replaced with another (brand new) phone in a different colour I'd be disappointed, but after nearly a year's use I'd accept that replacing my well-used phone with a brand new one of another colour is actually a pretty good deal.
    Originally posted by LadyDee
    Refund all day
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • mooslapper
    • By mooslapper 11th Oct 16, 8:48 PM
    • 8 Posts
    • 4 Thanks
    mooslapper
    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.)
    Originally posted by naedanger
    Thanks for replying!

    1. Paid by credit card, SIM free phone so just a normal outright purchase.

    2. The phone completely died while in use. No drops, damage, liquid ingress or anything - just stopped working completely.

    3. Carphone Warehouse's repair terms don't mention anything about replacements at all. LG's website states "Replacement Unit or Parts may be new or remanufactured service exchanges that are equivalent to new in performance and reliability.". They have provided a new phone, just a different colour.

    I've given up on this despite remaining very unhappy about it, I'll just vote with my feet for future electrical purchases.
    • naedanger
    • By naedanger 11th Oct 16, 11:16 PM
    • 1,805 Posts
    • 1,393 Thanks
    naedanger
    Thanks for replying!

    1. Paid by credit card, SIM free phone so just a normal outright purchase.

    2. The phone completely died while in use. No drops, damage, liquid ingress or anything - just stopped working completely.

    3. Carphone Warehouse's repair terms don't mention anything about replacements at all. LG's website states "Replacement Unit or Parts may be new or remanufactured service exchanges that are equivalent to new in performance and reliability.". They have provided a new phone, just a different colour.

    I've given up on this despite remaining very unhappy about it, I'll just vote with my feet for future electrical purchases.
    Originally posted by mooslapper
    As you paid by credit card you can hold your credit card company liable for the problems rather than the retailer.

    The main advantage in holding your credit card company liable rather than the retailer is that if you are unhappy with the credit card company's response you can complain about them (and their failures) to the Financial Ombudsman Service (FOS). (Note that while FOS are not perfect they have more powers than many other ombudsmen schemes.) A complaint to FOS costs nothing, but you do need to allow the credit card company the opportunity to fix the problem first.

    You say you have given up on this. Personally I think if you took your complaint up with your credit card company you would have a reasonably good chance of success. However it might take a few letters and some weeks to get to the end of their complaint process. So I can understand why you might conclude it is not worth the effort.

    More details on Section 75:
    http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
    • powerful_Rogue
    • By powerful_Rogue 12th Oct 16, 4:32 AM
    • 2,774 Posts
    • 3,991 Thanks
    powerful_Rogue
    So what colour was your 11 month old phone and what colour is the brand new one they're sending you?
    • Laz123
    • By Laz123 12th Oct 16, 8:58 AM
    • 1,381 Posts
    • 828 Thanks
    Laz123
    Which phone/ colour did you purchase and what colour is the replacement?
    Originally posted by Bogalot
    Yes, come on, I'm dying to know too. Why the secrecy?
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    • elsien
    • By elsien 12th Oct 16, 9:01 AM
    • 13,682 Posts
    • 33,221 Thanks
    elsien
    Probably because the OP knows that whatever colour they post, some bright spark will be along telling them it's a lovely colour and they're making a fuss about nothing.
    The point is, it matters to them.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
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