rubbish phone on contract

Happygreen

Hi,
Maybe someone can give advice.
I have taken out a contract with Carphone Warehouse last year. The phone (Nokia on windows) I had researched before and it seemed a good starter as a first smartphone. Now the on/off button hardly works. As this is a hardware fault they should give me a new one that works on warranty? It had also randomly behaved "strangely" from the start, like switching onto explorer by itself (so I turned the wi-fi off to avoid going on-line when I'm not). It had rung my mum by itself when it was plugged in to charge, it changed the font sizes on the main screen, tried to send text messages XXXXXDDDDXXX and everything within a few minutes whilst it was just sitting there! No idea if that is normal but probably not....
Will I need to accept the same phone as a replacement or can I negotiate on a contract to get something less rubbish and more reliable? Needless to say that it's the first time I'm on a contract...

Tony5101

Do you have a screen protector on the phone, or maybe a case that is interfering with the screen operation?
You're entitled to a repair if that is what is deemed necessary, but you're certainly not entitled to a new phone.
If Nokia deem the phone to be beyond economical repair, they'd probably replace it with a refurb.Same model etc.

JJ_Egan

How about continuing the network contract and buying a different unlocked phone to use this network contract with .

Happygreen

Tony5101 wrote: »

Do you have a screen protector on the phone, or maybe a case that is interfering with the screen operation?
You're entitled to a repair if that is what is deemed necessary, but you're certainly not entitled to a new phone.
If Nokia deem the phone to be beyond economical repair, they'd probably replace it with a refurb.Same model etc.

It's always been in a solid case to protect it in my bag, etc. I do pay for insurance with my contract but would have to contribute £ 20 on it. There should be a manufacturer's guarantee as I've done nothing to cause either of the problems and I've only had it for 5 months. I'll go in at the weekend....

keith1950

You are not listening to the advice given......you are entitled to a repair NOT a replacement .......and even on the odd occasion you do get a replacement it will be a refurbished phone that someone else has returned !!

Happygreen

Keith, I have been reading what folks wrote and appreciate it BUT my question actually is - what about the manufacturer's guarantee on a contract? I can acknowledge if you don't know...

19lottie82

Happygreen wrote: »

Keith, I have been reading what folks wrote and appreciate it BUT my question actually is - what about the manufacturer's guarantee on a contract? I can acknowledge if you don't know...

The phone manufacturer has nothing to do with the contract. That's between you and carphone warehouse.

If the phone is faulty, and it is within warranty, Nokia will fix it, or replace it if the latter isn't possible or economical

You have no chance of getting out of your contract, or reducing the overall cost because you're having problems with the handset, I'm afraid.

The only practical advice I can give is, get the phone fixed, sell it and put the money towards another handset.

Anoneemoose

Happygreen wrote: »

Keith, I have been reading what folks wrote and appreciate it BUT my question actually is - what about the manufacturer's guarantee on a contract? I can acknowledge if you don't know...

Manufacturer's guarantee is irrelevant to the contract. They may offer one in addition to your rights with Carphone but this is completely at their disecretion. Have you contacted Nokia to see what they say as they are the only ones able to answer that question.

Carphone sold you the phone so it is their responsibility under the sale of goods act. As it is less than 6 months old, the onus is on them to prove the fault wasn't inherent and offer you a remedy. This could be repair, replacement or refund (including partial) but the choice is completely theirs. They should however ensure the remedy is without too much inconvenience to you.

Anoneemoose

Anoneemoose wrote: »

Manufacturer's guarantee is irrelevant to the contract. They may offer one in addition to your rights with Carphone but this is completely at their disecretion. Have you contacted Nokia to see what they say as they are the only ones able to answer that question.

Carphone sold you the phone so it is their responsibility under the sale of goods act. As it is less than 6 months old, the onus is on them to prove the fault wasn't inherent and offer you a remedy. This could be repair, replacement or refund (including partial) but the choice is completely theirs. They should however ensure the remedy is without too much inconvenience to you.

Cross posted with. Lottie!

Happygreen

Thank you all for your advice. I will post what the outcome will be for anyone interested .

keith1950

Keith, I have been reading what folks wrote and appreciate it BUT my question actually is - what about the manufacturer's guarantee on a contract? I can acknowledge if you don't know...

The point is that I do know , whichever way you go ....manufacturer or retailer , you are only entitled to a repair.....not a replacement.....unless it is not repairable ....and even then you would get a refurbished phone, of the same model that " could have someone else's fault on it ".

Good luck with your quest...!