Carphone warehouse faulty phone

sudored

Hi i bought a phone from the carphone warehouse 22 days ago, over the last week the phone has been dropping calls, over heating, and have had at least 7 reboots while i was using the web.
I went into shop today to ask for a refund and the guy said that he could only give me a refund for a faulty phone in the first 7 days? the best he could do now is send it away for repair? is this right?

Guys_Dad

He is actually sending it away for fault diagnosis. Reasonable, as you could have dropped it down the loo, for example.

If it is faulty, they are allowed to repair or replace at their discretion. And replacement doesn't have to be new, but must be in equal condition to yours. Check with OFT web site if you want a 2nd opinion.

Seems a bit unfair, but that's the situation.

Herongull

The sales person was talking nonsense!

Under consumer legislation, you have a "reasonable time" to reject faulty goods and claim a refund.

A reasonable time is not defined in the legislaton, but 4 weeks is a rule of thumb.

So if you want a refund rather than replacement or repair, tell them that you are rejecting the phone as faulty the under the Sale of Goods Act.

Guys_Dad

And the vendor has to show that, in the first 6 months, that it is NOT a manufacturing fault and the onus is on him.

However..........................to do this, he is entitled to get an expert opinion as to whether or not it was a manufacturing fault or, as I suggested for example, that the item was not dropped down a toilet. In order to do that, he is allowed reasonable time to get that expert diagnosis.

The law is NOT clear, no matter what size of thumb is being used, as to whether or not you are entitled to a replacement handset refund or repair. It seems to be, unless anyone can point me to absolute clarification, at the vendor's discretion. Very unfair, maybe, but our lawmakers are known to fudge things.

Emy1501

Under sales of goods act item is deemed defective from supply unless proved otherwise within first 6 months. Not down to OP to prove anything

Guys_Dad

Emy1501 wrote: »

Under sales of goods act item is deemed defective from supply unless proved otherwise within first 6 months. Not down to OP to prove anything

Agreed.

But how does vendor "prove otherwise" without a technical evaluation of the faulty item?

Herongull

Guys_Dad wrote: »

And the vendor has to show that, in the first 6 months, that it is NOT a manufacturing fault and the onus is on him.

However..........................to do this, he is entitled to get an expert opinion as to whether or not it was a manufacturing fault or, as I suggested for example, that the item was not dropped down a toilet. In order to do that, he is allowed reasonable time to get that expert diagnosis.

The law is NOT clear, no matter what size of thumb is being used, as to whether or not you are entitled to a replacement handset refund or repair. It seems to be, unless anyone can point me to absolute clarification, at the vendor's discretion. Very unfair, maybe, but our lawmakers are known to fudge things.

The law is very clear.

http://www.oft.gov.uk/business-advic.../sogaexplained

Emy1501

Guys_Dad wrote: »

Agreed.

But how does vendor "prove otherwise" without a technical evaluation of the faulty item?

It's not down down to the vendor to prove otherwise. It's down the supplier to prove that the phone was not defective from supply and convince a court of this.

The OP can rely on their own evidence ie they haven't done anything negligent to cause any fault since supply.

In my experience small claims court will believe anything a consumer tells them unless there is serious compelling evidence suggesting otherwise.

Guys_Dad

Emy1501 wrote: »

It's not down down to the vendor to prove otherwise.

Isn't the vendor the same thing as the supplier????

A vendor (pronounced VEHN-duhr , from French vendre , meaning to sell) is any person or company that sells goods or services to somone else in the economic production chain.

sudored

The phone is in perfect condition not a single scratch or bump on it, it have been kept in a gel case with a screen protector on from the moment it was opened! it has never been in contact with water! or ever been dropped.
i AM very OCD with new phones and treat them like new born babies

I am going back later today and i am going to ask for a full refund i am going to be a bit more persistent this time!

Emy1501

Guys_Dad wrote: »

Isn't the vendor the same thing as the supplier????

A vendor (pronounced VEHN-duhr , from French vendre , meaning to sell) is any person or company that sells goods or services to somone else in the economic production chain.

Yeah Sorry mis read the post. From what I have read carphone warehouse are not disputing the item was faulty they simply do not want to refund.

To be honest unless there are obvious signs of the phone being dropped or clear signs of water damage then the fault is going to be defect so what's the point of sending it away.

Most retailers offer a straight refund within 28 days probably because they understand the law?