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Faulty Free Gift with Mobile phone contract- what are our rights?
Not too sure this is the right thread but the details are:
In December we purchased a phone on a 24mth contract that came with a free gift 39" LED HD TV - unfortuantely the TV has developed a fault which means the picture is distorted.
I have spoken to the phone company (June) and they said they would send a technician to repair - nothing happened. chased them - but still no technician.
At the beginning of July I spoke with the phone company again - when I advised them of the exact fault they agreed to swap the TV - like for like.
Today I receive an email stating they have tried contacting me but to no avail (no phones have rung!) to advise that they no longer have 39" tvs in stock and would I be happy with a 32".
I phoned them and asked for me information. Apparently they cannot source 39" anymore and have no other TVs in stock. They are going to send me the spec of the the 32" Tv.
The question I have is where do I stand with a replacement TV that matches the specification of the one that came with the mobile phone contract in the first place?
If I can stipulate like for like and they can't fulfill this can I cancel the mobile phone contract or ask they supply a totally different gift?
any advise would be greatly appreciated.
In December we purchased a phone on a 24mth contract that came with a free gift 39" LED HD TV - unfortuantely the TV has developed a fault which means the picture is distorted.
I have spoken to the phone company (June) and they said they would send a technician to repair - nothing happened. chased them - but still no technician.
At the beginning of July I spoke with the phone company again - when I advised them of the exact fault they agreed to swap the TV - like for like.
Today I receive an email stating they have tried contacting me but to no avail (no phones have rung!) to advise that they no longer have 39" tvs in stock and would I be happy with a 32".
I phoned them and asked for me information. Apparently they cannot source 39" anymore and have no other TVs in stock. They are going to send me the spec of the the 32" Tv.
The question I have is where do I stand with a replacement TV that matches the specification of the one that came with the mobile phone contract in the first place?
If I can stipulate like for like and they can't fulfill this can I cancel the mobile phone contract or ask they supply a totally different gift?
any advise would be greatly appreciated.
0
Comments
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I don't think that you can cancel, but you can demand either the same specifications or the market value (or a compensation for the difference in specifications).
Of course you can ask for a different 'gift'.0 -
You could threaten to buy the promised television elsewhere and deduct the cost from the amount you owe them for the phone contract. If they don't have any 39" televisions, they could supply you with a larger size.
Whatever happens, don't let anyone claim that the television was free. This would be prohibited by Schedule 1 Regulation 20 of the Consumer Protection from Unfair Trading Regulations 2008. Instead the supply of the television formed part of the contract for the mobile phone goods and service.0
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