return of faulty goods

galenvanbrok

I bought a phone from a major internet seller of phones for the hearing impaired. The phone is faulty and often switches off when I get a call or a text. I finally got them to agree to a return of the phone but they want it back in all the original packaging. Are they able to insist on this?

DrScotsman

No (I think). However they are able to insist on an exchange or repair, which I suspect they might do if you don't return it in the original packaging.

PaulLuke

No,

If you are returning the item under some form of returns policy then they can insist you return the item with packaging etc intact.

However, if you are returning it because it is faulty then they cannot insist you return the original packaging. However, depending upon the length of time you have had the phone they may push for a replacement/repair rather than a refund.

The right to reject goods entirely (i.e. return them for a full refund) is one which has to be excercised within a relatively short time of any defects etc becoming apparent.

tandraig

no - you are returning it as its faulty!!! were they planning on re-selling it?

cleo1299

galenvanbrok wrote: »

I bought a phone from a major internet seller of phones for the hearing impaired. The phone is faulty and often switches off when I get a call or a text. I finally got them to agree to a return of the phone but they want it back in all the original packaging. Are they able to insist on this?

Not according to the Consumer Direct website. Their page about mobile phones (http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/mobiles/) states:

If you have bought a mobile phone, it must be of satisfactory quality, fit for its purpose and as described.

When a mobile phone doesn’t meet some or all of these conditions, follow the advice below:

If you have only had the phone a few weeks or haven’t had a reasonable opportunity to check it, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement.

If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.

If you have had the phone longer than a few weeks or have had a reasonable opportunity to check it, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of having somebody else repair the phone.

If the phone cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the phone.

If you are out of pocket in any other way, you may be entitled to compensation over and above the price of the phone.

The trader must sort out your problem, not the manufacturer

Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.

The Consumer Direct website has template letters which you can use to write to the trader to make it clear that you know your rights and to ask for what you're entitled to -- in this case, by the sound of it, a repair or replacement. They can't get out of it by demanding that you send the original packaging. Sometimes, just making it clear to them that you know something about your rights is enough to get them to behave and accept their legal responsibilities.

I suspect by the way that if you continue to have trouble with them, the RNID might be able to advise.

Good luck