Phone Repair Issue

dark&twisty

I took out a new mobile phone contract on 25th November for a Samsung Galaxy S6 with EE via Carphone Warehouse. On January 10th the phone went off and wouldn't come back on. Under the warranty I put the phone into a Samsung store to be repaired on 12th January. They said it would take up to 28 days. 28 days later and still nothing back from Samsung so i phoned them and they said the phone is in their repair centre in Newark. The guy 'double escalated' the repair and called me back later that day saying that as they've gone over the service level agreement they'd send out a new phone. So today i got a call to say it was in the Carphone Warehouse. They said it was refurbished phone which i said i would not accept. After having a new phone that broke after just 6 weeks, am i entitled to a brand new phone?

Thank you

grumbler

MSE article: Consumer Rights

First of all, legal enforceability of Samsung's warranty is questionable, and you don't say that it promises "new for old" replacement. After all, your phone after repair would be refurbished too, not new.

Secondly, your legal rights were against the supplier, not CPW. And under the SoGA, you aren't entitled to a new phone either. MSE's advice is: "DO return it to the store, not the manufacturer".

And finally, typically refurbished phones are like new, so have a look at it first.