Brand New phone with a cracked screen?!

[Anonymous]

Just earlier today I bought an Alcatel OneTouch Idol 3 from the O2 Metrocentre store (reciept time 16:03). I got it home and charged it up, only touching it to dismiss notifications every half hour or so. Once fully charged. I took to finally play with my new phone, and the bottom of the was unresponsive (the home button and app tray) I turned the phone and the light reflected in a hairline crack in the bottom left corner.

I do believe I wasn't at all responsible for this crack, and would I be entiled to go and swap it for a new one in the shop tomorrow without paying for a repair?

[Anonymous]

The phone was opened for me in store as I prompted the sales adviser to help me put the the sim in the phone (I have never owned a phone that had a sim tray, I've always just been able to pop the back on and off) If the crack had been noticed she would have told me surely?

It is a very weird crack though, that you can only see when lots of light reflecting off it. I'll just hope for the best. Hopefully they will replace it though. The crack could have been there when opened, there is no way to prove it. But considering I know it's not my fault (also cannot be proved however), I should get the benefit of the doubt. I hadn't even owned it 4 hours before I discovered the crack.

[MI5]

Yeah. Good luck.

[Bambino]

It's not in the store's interest to let a phone that is damaged straight out of the box to leave the store. If the assistant had seen it, I'm sure they wouldn't have let it go. It doesn't really matter how many hours had passed since you left the store. You won't be able to prove it wasn't your fault. You will just have to hope they will replace it as a goodwill gesture. Please come back and let us know how you get on. 

[jonsie]

Hope you get it sorted, big worry for you

[Cleoriff]

The problem is this. .... if you point out the crack the shop will say you have caused the damage. That's it end of story. It doesn't matter how much you claim innocence. Look at it from another perspective. The shop assistant can (and will) state she saw no evidence of a crack when she put the sim in before you took it home...

Let us know how you get on...

[jonsie]

Exactly. If its not noticeable just treat it as a change of mind or as a faulty display.

[Curr946]

Under the sale of good act, the retailer would have to prove beyond reasonable doubt that you broke the display. After the return period is becomes much more difficult to return, but you should still get a repair. But as @jonsie said, if it's not noticeable yoi could simple return as change of mind. Just remember that some other poor sole will end out buying this, if O2 don't check it. Though this should be sold as reconditioned so one would assume thorough checks would be done.

[Curr946]

.... Like in your case

[jonsie]

Hopefully we will know after the bank holiday..