O2 - faulty phone - am i entitled to a refund

robnye

hello,

my daughter bought a sony ericcson phone on pay as you go, from O2,
in dec 2008

the phone developed a fault so we took it in for repair in mid july 09,
the phone was returned, but within weeks it developed the same fault - (so had it actually been fixed?)
we returned the phone back in august,
went to collect phone on 14th August
on 22nd august they said the phone couldnt be fixed so they issued an identical phone - (subsequently found out it was a refurbished phone)
This also had the same fault, so went back on the 19th sept and asked for a refund, they said the phone had to be sent away , to proove it was faulty, before agreeing to replace/refund,
on 29th sept told by email, that they agreed the phone was faulty, so an alternative replacement phone would be issued.
I said i wasnt happy with that and felt that a full refund should be issued as the phone was not fit for purpose.
I am now waiting for a response from the branch manager

can anyone give me some pointers to throw at him , should he come back saying, that he wasnt prepared to give a full refund

r,
rob

DarkConvict

Have you contacted the manufacture of the phone, they generally have 12 - 24 month warranty's one them

robnye

ive only dealt with the O2 branch at the moment as the phone is still within its 12 month gaurantee

DarkConvict

To answer the initial question, i do not think you can get a refund, but the manufacture should repair, if not replace it if it is due to a manufacturing defect.

benbranson

As DarkConvict says, you have no entitlement to a refund after you are deemed to have accepted the goods (usually 14 - 28 days). Any refund would be totally at the discretion of the store/company, you have no right to demand one.

You are however entitled to a working product (and they are allowed to replace with a refurbished product). They are entitled to have a reasonable time to repair it, if they can't then they have to replace it. Different to what DarkConvict says, it is the retailers responsibility to put things right, not the manufacturers.

It sounds like you would be best accepting a replacement, different handset.

robnye

thank you, the model my daughter had and has had repaired and replaced obvioulsy has a defect in it

i had a feeling that we could ask for a refund but the shop would be within their rights to refuse this.