CEX: Warranty voided by unlock?

Windows25

Bought a phone from Cex on 22nd March 2016 to tide me through while my own phone was away to be fixed.


I bought a grade C HTC phone locked to EE network


Im on O2, so got it home, went onto ebay, paid £1.99 and got the 8 digit unlock code you simply type into the phone- and unlocked to any network. Phone worked great on my O2 sim immediately and I was happy.


At the weekend, 9 days after purchase, when I made calls or received calls, the person at the other end couldn't hear me.


I took it to Cex. They tested, said it was faulty, and offered me a replacement.


Here I made the remark it was unlocked, and immediately no more discussion. I had voided warranty by unlocking. There was nothing else to discuss on their part and offered me £10 for the 'broken' phone.


I have looked at the warranty. my reading of it is that it is voided only if the unlock causes the fault.


Can anyone tell me if I indeed have the right to a refund, and what I should do to prove my point?


I appreciate helpful people on this, but please limit any comments to those that you are sure of them- not what you think. What we think doesn't matter with big business!!!!


Thanks

grumbler

What 'warranty' is it? HTC's? CEX's?

Windows25

It is the shop warrant. CEX

grumbler

Their 'warranty' is just a supplement to the rights you have under the SoGA:

• Consumer Rights

It's a different question whether unlocking affects these rights. Most likely it does as according do MSE it invalidates the warranty: Phone unlocking

afzaal1988

They mostly void it if its done in shop by other methods.
Just tell them you got the code from ee and it was unlocked by entering the code.

Marktheshark

If it can be unlocked then it is a function of the device.

Go back and tell them to stick the warranty, its sale of consumer rights claim, have it in writing and if they refuse hand it over or place the letter demanding a remedy under consumer rights act and photograph it.
You then have proof of service.
Put in said letter it offers them 14 days to avoid a small claims case, on day 14 a letter before county court action will be sent to head office legal department.
wait 14 days then if they do not contact you write a letter before action and send by recorded delivery then if this is ignored serve a small claims

grumbler

Marktheshark wrote: »

Put in said letter it offers them 14 days to avoid a small claims case, on day 14 a letter before county court action will be sent to head office legal department.
wait 14 days then if they do not contact you write a letter before action and send by recorded delivery then if this is ignored serve a small claims

You can give them the letter during your first visit to the shop; no need to wait for 14 days to send it to the legal department. And it doesn't have to be 14 days. I would give them 7-10 days to repair or replace before I start a small claims court action.

chanz4

be a tricky one as technically you have customised their locked phone

grumbler

"Customisation" doesn't void warranty.
Downloading an app and adding it to a home screen is customisation.

System

The phone is designed to be unlocked by code.
No customisation has taken place.

OP - next time don't provide any unnecessary information...

chanz4 wrote: »

be a tricky one as technically you have customised their locked phone