faulty free gift with mobile phone

1eye

hi all,
i got a free archos 101 with a mobile upgrade in september, it is now faulty and wont turn on, i called cpw when this happened and they said call archos (who are based in france), i did that and archos said send it back to them and it will take 4-8 weeks to repair or exchange.
after reading on here about sad fart rules, i am going to go back to cpw where i got it from and stand my ground for an exchange.
now the thing i would like to know is, cpw do not stock this model anymore, they do stock the new version, which is £270, my model was £170 if sold seperatley at the time of the upgarde, would i be entitled to the new model as an exchange if i offer to pay the £100 difference?

tomjonesrules

After this length of time, the retailer has the right to repair, refund or exchange. You have no right to insist on an exchange.

wealdroam

Having read on here about sad fart rules, you will have discovered that if the thing is inherently faulty then the retailer is responsible for providing a remedy.

At less than six months since sale, it can be assumed that it is inherently faulty, and it is for the retailer to prove otherwise.

You will also know that you can choose the remedy, but the retailer can refuse that remedy if it is disproportionly costly.
So effectively, the retailer chooses the remedy.

That remedy could be a repair, replacement or refund, and that refund could be a partial refund.
As they don't stock your model, they may choose to offer a repair, and if they do then there is not much you can do about it.
Whatever remedy is decided upon, it must not cause signifiacant inconvenience to the consumer.
If they are going to take several weeks to do a repair, perhaps you can force them to offer a refund, with which you could buy the higher spec model.

mightyroyals

But surely the refund would be £0 as it was a free gift with the contract.
Although the tarriff the op will be on will be paying the laptop too i should think

tomjonesrules

According to their website, Archos aim to repair/ replace faulty items within ten working days. It might be quicker to send it now than messing around with CPW?

wealdroam

mightyroyals wrote: »

But surely the refund would be £0 as it was a free gift with the contract.
Although the tarriff the op will be on will be paying the laptop too i should think

You may well be right, Mightyroyals.

Can you offer any advice for the OP?

1eye

hi all, thanks for the advice.
i just want a working unit as i use the tablet for work every day, if cpw says they will send for repair what is a minimal inconveniance time i should accept?

tomjonesrules

1eye wrote: »

hi all, thanks for the advice.
i just want a working unit as i use the tablet for work every day, if cpw says they will send for repair what is a minimal inconveniance time i should accept?

There is no maximum repair time set down in law, it is all down to reasonableness. The fact that you use it for work would not come into it. I would start to chase after two weeks, but I would not expect an alternative remedy to be offered until four weeks.

1eye

even though it says 10 wirking days on their website, when i called archos they informed me it would probably be 4-8 weeks, and it would probably just be exchanged. plus ive read on some sites about peoples bad service from archos repairs. can i insist on an exchange even a different brand as this is not fit for purpose?

tomjonesrules

1eye wrote: »

even though it says 10 wirking days on their website, when i called archos they informed me it would probably be 4-8 weeks, and it would probably just be exchanged. plus ive read on some sites about peoples bad service from archos repairs. can i insist on an exchange even a different brand as this is not fit for purpose?

No, you cannot. By all means ask, but the longer you pursue that line the longer you will delay any repair.

wealdroam

1eye wrote: »

can i insist on an exchange even a different brand as this is not fit for purpose?

Did you read posts #2 and #3?