3 customer service

emmag_2

Hi I bought for £370 a N97 from 3 store in july the phone isnt even 6 months old, and has had to be sent aay for repair once and now again has completey crashed again, i took it into the store and they said just software update it, i have tried but the phone is doing nothing not even turning on wthout amessage sayin start up failed return to retailer, they said if they couldn do it they would send it away again, im feeling that they shoudl replace it because its obviously faulty especially at that price and how long does this go onfor thatthey can keep sending it back, does anyone now where i stand with this, and who i should contact for advice, any advice would be appreciated

DarkConvict

Under Sale of Goods act,

Regarding the 6 months from purchase that you refer to, the correct situation is that within the first 6 months it is up to the seller to show the goods never had an inherent fault, and after 6 months it is up to the customer to show that the problem is due to an inherent fault.

Source: http://forums.moneysavingexpert.com/showthread.html?t=669983

As it is under 6 months old, then the retailer should accept the phone is faulty and as repairs have failed offer a replacement phone. The N97 like the original N95 i believe is problematic and even if it is a software problem, it doesn't mean it has been fixed in the latest firmware upgrade.