Re: Faulty Mobile Phone

Peter Parry wrote:
On Mon, 24 Aug 2009 22:41:50 +0100, "Imbecile" <nospam@xxxxxxxxx>
wrote:

"Simon Dean" wrote:

What are my rights in relation to this?

1) Can I demand a new phone from the retailer or manufacturer?
2) If I can get a new phone, can I get the replacement first and send the other one back?
3) If they need it for two weeks to "fix", am I entitled to a loan phone?
4) Can I simply get my money back?

1) Yes the retailer, no the manufacturer

No to both, you are entitled to a repair, and if that proves
impossible or disproportionately expensive a replacement or partial
refund.

2) No

Correct

3) No

Yes, but not necessarily an identical one. The repair process must
not cause you "significant inconvenience"

4) Yes to the refund, no to it being a simple matter if the retailer refuses to acknowledge their legal obligations under the Sale of Goods Act

Not until a repair has been attempted (or refused). Even then the
supplier is entitled to discount the refund to take into account the
use you have had from the phone.

It all seems rather unfair.

Preferably I want a replacement. I don't see why I should be inconvenienced by a repair when I could get perhaps a new replacement.

The phone itself appears to have inherent faults that many people are complaining about. Some of the issues are only just coming to light and indeed a couple of months of playing are showing yet more problems.

Seems rather unfair to reduce the refund because Nokia have no intention of giving me the phone I bought - specifically, a phone with GPS with Nokia Maps etc. It's not the phone I ordered. You inherently give them some time to roll out the firmware updates hoping it'll fix it, but they never do! So what happens then?

Now how long is inconvenient for repair? The importance of the phone for myself, means anything longer than a couple of days really is inconvenient. I rely on this phone heavily. But I'll let it go for a few days for repair.

I also thought the retailer had an obligation for the repair/replacement. They say I should contact the manufacturer instead.

Cya
Simon


.

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