Faulty Blackberry

DizzleUK

Hi,

I have a Blackberry Curve on PAYG which I bought on 23rd December 2010 (so 5 months old) and today it has developed a fault where the trackpad no longer works.

I bought the phone from Carphone Warehouse, and as I understand it, they are not authorised to repair Blackberrys in their repair centres.

Their website advice is to send it to RIM directly for repair as this is faster than getting CPW to send it.

As I understand it, within the first 6 months, it is down to the retailer to repair or replace faulty goods under the Sale of Goods act. As the retailer is unable to repair the phone themselves, am I within my rights to ask for a replacement handset?

Thanks.

grumbler

Unfortunately, it's not that straightforward:

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Within six months. The shop must prove goods weren't faulty when they sold 'em – after that you must prove they were.

However,:

DO return it to the store, NOT the manufacturer If it breaks SadFart rules, your agreement's with the shop you bought it from, NOT the manufacturer; so the retailer MUST deal with it - don't let it palm you off.
For more info see the Know who's responsible section below.

Also:
http://whatconsumer.co.uk/shops-responsibility/

The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.
Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights. See our section on guarantees and extended warranties for more info.