Free gifts with mobiles

Deadly_Avenger

We recently got a free PS3 from Car Phone Warehouse with a contract phone on 04/10/10. The PS3 was put away for Christmas, but within 24 hrs of being plugged in stopped reading discs. Spoke with Sony who said they would exchange for a recon, however they say the retailer should exchange. Car Phone Warehouse say it was a gift so they are not the retailer.
My son was so pleased to receive a new PS3 (he always gets second hand consoles etc), and I'm gutted to think that we will have to accept a reconditioned one. Thanks for any advice.

mobilejunkie

Under the Sale of goods Act an item has to be fit for purpaose and this would have a guarantee. Although it was "free", you took the mobile contract because the "free" gift was part of the deal. I would 1) argue with cpw that if they refuse to replace it with a new one the contract should also be cancelled as you have paid for a complete package which you have not got and 2) Sony have their own guarantee and the item should be repaired or replaced and not simply exchanged for anything "refurbished". There should be a written guarantee with the product and you are entitled to have them stand by its terms. Cancelling the mobile contract will be nigh impossible without paying for it anyway, so cpw really have to replace the PS3 or pay you compensation so that you can purcase a replacement. IF the branch gives you no joy you should write to their registered office demanding they do this within 14 days or you will issue legal procedings for the replacement value, plus allowable legal costs.

Others on here with more legal knowledge of your particular situation may offer different advice - but I suspect bodies like Consumer Direct would be a waste of time and effort and cpw responds more to legal rights that decent customer service.

Deadly_Avenger

Thanks for the reply mobilejunkie. Thanks to the Sony helpline we have been able to re-format the machine (took several hours) and it now all works again:j.
The number if anyone should need it is:
0844 7360595