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Nokia 5800 problem. Can i get replacement?

nigem
nigem Posts: 224 Forumite
Part of the Furniture 100 Posts Name Dropper
My 2 week old phone has seized up after I tried to synchronise it with my computer following the OVI instructions. Now it wont turn on at all. Can I insist on a replacement rather than a repair? I have taken the battery out and left it a while so it resets. No joy though.
Nigem

Comments

  • wiggler
    wiggler Posts: 70 Forumite
    yes mate its within 28 days
  • nigem
    nigem Posts: 224 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I have just driven down to my local Tmobile store. The guy there refused me a replacement, despite agreeing it was faulty and was within the 28 days allowed within SOGA. He said that they would get it repaired and that they only had to replace within 7 days, and after that its Nokias decision to repair/replace.
    I brought the phone back home and am about to ring TMobile cust services to request replacement. I am just wondering if i do have any replacement rights as the store suggested that there was a different set of conditions for mobile phones as Tmobile were only responsible for the simcard and not the device.
    Not sure if I am now in right section. Please move if it needs to be in consumer rights:confused:
  • Kilty_2
    Kilty_2 Posts: 5,818 Forumite
    Your right is to repair/replacement as deemed necessary by the merchant - you're not automatically entitled to a replacement straight away.

    Some mobile networks have their own policy but that's irrelevant.
  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Within 28 days you should get a replacement as it can be deemed a manufacturing fault, your right to a full refund is based on the merchant, i.e. shoes could well only have 7 days, however i believe a mobile would have much longer.

    Consumer direct was open today, have you tried ringing them?
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • OP - might be worth reading the below post from the consumer rights forum.

    Seems to be acceptable for a retailer to offer a repair after 7 days has past as this is deemed to be an adequate time for acceptance of the product to have occurred.

    http://forums.moneysavingexpert.com/showthread.html?t=2135583&highlight=mobile
  • nigem
    nigem Posts: 224 Forumite
    Part of the Furniture 100 Posts Name Dropper
    After following the last link, I guess I could have accepted the phone as i had used it for a few days, and until I decided to follow the manufacturers instructions I was satisfied it worked.
    Nigem
  • nigem
    nigem Posts: 224 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Just an update. I rang Tmobile who have agreed to replace my phone and will collect the non working one. Am very happy with their customer service:j.
  • Thats good. Glad you got it sorted :T
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