Faulty Phone !!!!

jonnye_2

Just ordered a HTC Desire HD off buymobiles.net, phone arrived and put sim card in and the speaker was faulty, made calls, sent txt used data.

Contacted customer services and to be fair they were good, arranged to take phone back and check it and if faulty and not damaged replace it.

Just had a email reply confirming the phone has a fault and they will send out a new phone, however they are out of stock and will contact me when they come back into stock.

If they cant get me my phone quickly can i cancel my contract? do I have any rights under sales of goods act as I have used the phone and therefor accepted the terms of supply? I know that you have so many days to return a phone if you change your mind but as far as I am aware this only applies if the phone is still sealed and unused ?

can anyone guide me on the true facts before I talk to them on Monday.

Thanks

spiro

If the phone is still sealed in the box how do you think people look at them and decide if they want the phone?

Under the DSR I think you have 7 days to tell them you are going to return the phone.

Under the sale of goods act they have to repair/replace the device which in your case they are doing there is just going to be a delay while they wait for more stock.

jonnye_2

I just dont want to sit here a wait for the phone, as it arrived faulty I would expect a new one by return not having to wait.

Also would I have to accept a reconditioned phone? they haven't said this yet but just got me thinking maybe they haven't got a replacement recon unit to send out, I know most phone companies send out a recon unit during the warranty period if your phone is faulty but as this was a brand new phone delivered faulty I would not be happy with a recon unit.

JJ_Egan

Ask them to cancel the contract under the Sale of Goods Act and see what they say .

jje