refund for faulty phone at o2

klloyd_2

My husband purchased a touch screen phone from o2 on 1st june,it started to play up after a week by freezing so on the 14th june as it was still happening he took it back to o2.They replaced it with another phone of the same and ammended his receipt.on the 3rd july ,19 days later the same problem occured and the phone just froze and remained like it permanently ,so the following morning we took it back to o2 and asked for a refund as we weren,t happy with the same fault developing in such a short period of time, and there was no other phone in the shop we liked.We were told we couldn,t have a refund as it was past the 28 day period from when we purchased the first phone.So even though this 2nd replacement phone is only 19 days old we can,t have a refund?????I asked to speak to manager but told jt was her day off, so could i go back tomorrow which is inconvenient for us.Am i within my rights for a refund??

Esqui

This is a tricky one.

My opinion from a legal point of view - You've had the phone two weeks, which could be reasonably assumed to be past the period of time in which you can reject it for a full refund. So probably not.

My opinion from a retail point of view - It'd be incredibly silly not to, you've had the second phone only a couple of weeks and it's the second one with the same fault. I imagine that the manager will probably allow you a refund, but I cannot speak for O2's processes. I would, however.