Am I eligible for a replacement due to an overdue repair

starosta

Hi,
I have a Samsung mobile which has a faulty accelerometer since I bough it. I bought it in online shop but I contacted Samsung directly regarding the fault. I took it to Authorised Samsung Service Centre as advised by Samsung Helpline.
On 14/08 I've left my phone for repair in Service. On the same day the engineer called to say they couldn't repair it and they will send it to Samsung Service on the 16/08 and it takes up to 10 working days to get it back. So the phone was send by an authorised service centre on 16/08/10 should be back with me, within 10 working days, which means I should get the phone back no later then 31/08, as 30/08 was bank holiday.
On the 02/08 I contacted Samsung to get the information on the repair and whey there is a delay, and I get the following answer:
"Regarding your case, kindly note that your call to us was made on the
25th of August 2010 when the service request was processed into the
system. Then it takes 2 Business days to receive the jiffy bag, once you
send out the jiffy bag it should take 5- 10 business days to receive
your phone back. You should be receiving your phone back on time."

But the thing is I didn't call them on the 25/08, I didn't receive any jiffy bags and I didn't send anything to them as the phone was send by their authorised service centre.
I'm almost 4 weeks without the phone and without the hope that I get it soon, as following their line I will probably get around 13-14th September (1 month since I took it for repair). For me this is an appalling customer service and it is unacceptable.
I'd like to know if I have the right to request a new replacement phone due to failure to repair the faulty phone on time, especially that the phone was faulty since I bought it.
I would be grateful for your help.
Cheers!

Googlewhacker

is this under warranty?

If not then really you are at the hands of Samsung as your port of call was to go via the retailer as this was where your contract was.