You have to return within 14 days for exchange

DerekJH

When returning a faulty mobile phone barely a month after purchase (monthly contract) the retailer (Orange) says that they would only have given an immediate replacement had we returned within 14 days. They now say that they have to send it away for repair, offering a lesser phone as a temporary loan. Is such action acceptable when compared to the 'fit for purpose' criteria in the Sale of Goods Act?

unholyangel

If it makes/receives calls/texts then its fit for purpose. If it fails after a time, then its not of satisfactory quality.

Once acceptance has occurred you cannot force them to provide a remedy that is disproportionately costly in comparison to another remedy.

arcon5

Yes they are meeting their obligations as the seller by offering such remedy and minimising inconvenience by supplying a loan phone.

oopsadaisydoddle

If it is over a month, as Unholyangel points out then it is deemed that you have accepted it. If it fails within 6 months of purchase (I believe) they have to remedy the situation either by repair, replacement, refund or partial refund. The choice however is theirs. It does have to be without too much inconvenience to yourself though (though not sure how this is measured).