Can I return for a full refund instead of repair and the best way to do it.

Mishomeister

I have bought a phone last week from Chitter Chatter.

It firmware however develops an error every time I try to update the Android firmware.

The phone crashes, then restarts and the message comes up saying I need to visit a Samsung Service Centre.

Looking at the Chitter Chatter retrurns policy it is stating that they will want to repair any manufactures's faults.

But to be honnest I am not really interested in a repair of a brand new phone.

Also, after using the phone for a couple of days I must say I am not exactly pleased with its performance overall with some apps crashing etc, so when I hopefully get my money back, I will want to buy a differrent phone.

I understand that I may be covered by distant selling regulations. But not sure if those would still apply as I have unpacked and used the phone already.

Also, if I said tha tI wanted to return ther phone under distant selling regulations, does this means I would have to cough up on the postage costs?

Any good advice will be much appreciated.

Sandtree

The Consumer Rights Act 2015 enables you to reject goods that are faulty within the first 30 days. After 30 days it becomes the retailors decision on repair -v- replace -v- refund

DSR allows you to return any goods you've bought remotely (there are a few exceptions) irrespective of being faulty or not however there are considerations on condition when its received back.

You are better off with rejecting the goods under CRA.

Mishomeister

Sandtree said:

The Consumer Rights Act 2015 enables you to reject goods that are faulty within the first 30 days. After 30 days it becomes the retailors decision on repair -v- replace -v- refund

DSR allows you to return any goods you've bought remotely (there are a few exceptions) irrespective of being faulty or not however there are considerations on condition when its received back.

You are better off with rejecting the goods under CRA.

Thank you.

Can I force them to pay for return postage?

shaun_from_Africa

One thing to point out.
If you do decide to go down the CRA route and reject the phone for a refund, the seller is legally entitled to insist that you prove a fault exists and that the fault or something causing the fault was there at the time you made the purchase.
There is a good chance that this won't happen, but the possibility is there.

neilmcl

Mishomeister said:

Sandtree said:

The Consumer Rights Act 2015 enables you to reject goods that are faulty within the first 30 days. After 30 days it becomes the retailors decision on repair -v- replace -v- refund

DSR allows you to return any goods you've bought remotely (there are a few exceptions) irrespective of being faulty or not however there are considerations on condition when its received back.

You are better off with rejecting the goods under CRA.

Thank you.

Can I force them to pay for return postage?

If returning a faulty item then yes they should pay the return postage, whether you can "force" them or not is a different matter.

Sandtree

shaun_from_Africa said:

One thing to point out.
If you do decide to go down the CRA route and reject the phone for a refund, the seller is legally entitled to insist that you prove a fault exists and that the fault or something causing the fault was there at the time you made the purchase.
There is a good chance that this won't happen, but the possibility is there.

Is the correct? Which's website states:

The first six months

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.