Returning faulty phone to CPW (bought SIM Free in store)

PaulW21781

Today I bought a phone from Carphone Warehouse, SIM Free, however, when I got home, and unboxed it, and just as I was about to plug in the charger, the back 'popped' off and the cover also was bulging in the middle.

https : // lh6 . googleusercontent . com/-w_qXj7Yvm-s/VMEhk6CRpVI/AAAAAAAARTc/U5jAJ7E7764/s912/IMG_20150122_161245.jpg

Now, first problem, the sales assistant only gave me a 'Card Holders' receipt for the full amount, no other paperwork was handed to me.

Secondly, I've tried to ring the store, but they didn't pick up, so rang the main Customer Services line. They mentioned the lack of receipt other than the card copy 'was normal' as they apparently email the receipt? But he then abruptly told me that I can only EXCHANGE or REPAIR the Handset, and that I'm not eligible for a refund... Yet on their OWN Website, it has the following:

http : // selfhelp . carphonewarehouse . com/SelfHelp/request.do?view%28%29=c%7B11675630-0cf5-11df-5538-f20203001e3d%7D[/url]

So, click 'I bought in store' under the 'Something isn't working' and on that page, it clearly states the following:

We'll take a look at it, and if we can't fix it there and then, you'll be eligible for a return, exchange or repair. You can find out more about our repairs service on our repairs page.

Now, Surely I'm also covered under the Sale of Goods Act 1979, as this is blatantly not fit for purpose and of satisfactory quality.

So, where do I stand? I've not even use it, literally all I did was unboxed it & just got ready to charge the thing before it 'popped' open. And as mentioned, it's a SIM Free handset, no contract, no PAYG SIM.

I'll be looking at taking it tomorrow...

Thanks

grumbler

https://lh6.googleusercontent.com/-w_qXj7Yvm-s/VMEhk6CRpVI/AAAAAAAARTc/U5jAJ7E7764/s912/IMG_20150122_161245.jpg

PaulW21781

Thanks Grumbler!

flashg67

Problem you have is that the retailer can choose the remedy - repair, replace or refund - I'd push for a refund though based on the length of time you've had it.

wealdroam

flashg67 wrote: »

Problem you have is that the retailer can choose the remedy - repair, replace or refund - I'd push for a refund though based on the length of time you've had it.

Yes that's right, but there is also a short period (not defined in the legislation) where a buyer can reject the goods as not conforming to contract, for a full refund.

Here's a short extract from MSE's How to Complain article:

Have you accepted the goods?

While it can depend on the individual item, a good rule of thumb is: spot a problem in under a month, and you're unlikely to be seen as having accepted the goods.

It could take six weeks to check that repairs have fixed a leaky roof, but you can tell in hours if a Blu-ray player works. After this time, you're likely to have accepted the goods and you'll have fewer rights.

What to expect: A full refund, unless you've altered something. Examples include unlocking your phone handset to switch it to another network or taking up the hem of a dress.