O2 - phone faulty after 2 months

dorks

Can somebody confirm my rights for me please?

I bought a lumia 800 from them on 28th December, ie, just over 2 months ago. It just crashed on me and won't start up again.

They are telling me I can't have a new one and it has to be sent back. Is this true? Surely if it fails within 2 months, that is sales of goods act territory, isn't it?

mightyroyals

dorks wrote: »

Can somebody confirm my rights for me please?

I bought a lumia 800 from them on 28th December, ie, just over 2 months ago. It just crashed on me and won't start up again.

They are telling me I can't have a new one and it has to be sent back. Is this true? Surely if it fails within 2 months, that is sales of goods act territory, isn't it?

Is it a PAYG or Contract?

dorks

Payg. However, I think I may have just found the answer on this site.

Looks like they have to replace it within 28 days or arrange a repair if within 6 months which is what they are offering.

NFH

dorks wrote: »

Payg. However, I think I may have just found the answer on this site.

Looks like they have to replace it within 28 days or arrange a repair if within 6 months which is what they are offering.

They must nevertheless do so "within a reasonable time but without causing significant inconvenience to the transferee [customer]" according to Section 11N(2)(a) of the Supply of Goods and Services Act 1982. This means, for example, that you could expect a replacement loan phone while yours is being repaired, assuming that you will be without the phone for more than a few hours.

macman

You are entitled to a repair, replacement or refund, at the retailer's discretion.
If the OS has crashed/corrupted, why do you think you'd need or get a new phone?

grumbler

dorks wrote: »

...Surely if it fails within 2 months, that is sales of goods act territory, isn't it?

Surely it is. However, SoGA says nothing about replacing with a new.

Buzby

Did you download any apps? All it takes is one misbehaved app to bring your phone down, and SOGA is of no use. This relates to the handset as supplied. It may need to be reflashed with firmware to bring t back, and this will be done - you just don't get a new handset.