A little advice please

Sclvd

Hi everyone
I'm new to the forum and looking for some advice on what rights I have if any in potentially rejecting an exchange for a faulty phone.

I bought a phone from very.co.uk that became faulty two months after purchase and needed to be returned. I originally asked for a refund but was told it needed to be sent away to their repair centre to check for accidental damage etc.

I was promised this would be done within 14 days and i'd either get the phone back repaired or a refund.

Its taken almost a month and hundreds of emails and telephone calls but today they've told me that they sent it to Sony who have exchanged the device for a different one (?new or second hand repaired one I don't know)

I have asked very over 10 times to refund me for the phone instead and quoted the sales of goods act suggesting a repair should be within a reasonable time scale but they've just point blank ignored my request.

I've considered trying to submit a section 75 claim back with the credit card company I used by I don't know if I'd be successful as they are now offering an exchange?

The only other significant fact I think might be relevant is that the phone was meant to be water proof and that's what caused the fault, so would it be fair to argue that the item is not as it was described? Ie not water proof?

I hope someone can point me in the right direction.

Many thanks for your time.

InsideInsurance

The SOGA gives the retailer the decision as to if they repair, replace or refund. You can express a preference but cannot force the decision once the goods have been accepted - which after 2 months of use they will have been.

Sclvd

Hi and thanks for the quick reply. I thought that might be the case! If this phone they send me also fails to be water proof do I have to accept this process again or could I request a refund? With the argument "you've sold it as water proof and it's not "

wealdroam

Sclvd wrote: »

Hi and thanks for the quick reply. I thought that might be the case! If this phone they send me also fails to be water proof do I have to accept this process again or could I request a refund? With the argument "you've sold it as water proof and it's not "

Surely you won't get it wet a second time?

But to answer your question... yes. there is no legislation yet which limits the number of times a repair/replacement can be made.

The stipulation is that the remedy must be provided "within a reasonable time and without causing significant inconvenience to the buyer".