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Exchanging a broken phone

Anonymous
Not applicable
Hi,
I have a sony ericsson phone which I have only had for 6 months, however, i have numerous faults with it, including having to tape one of the buttons back on. I have been to the o2 shop and they said they can send it off for repair, but is there any chance I can excange it for a different phone as I have heard that other people have has similar problems.
Can anyone shed any light on whether my statutory rights allow me to do this.
Message 1 of 9
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8 REPLIES 8

Anonymous
Not applicable
I'm sorry to tell you, but under the warranty of the phone, it has to be given at least three chances to be repaired, or replaced if the fault can not be repaired. If the phone has been repaired/replaced on numerous occasions and still has the same fault, it can then be escalated so the phone can be replaced with a new phone of roughly the same value.
Hope this helps
Message 2 of 9
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Anonymous
Not applicable
I'm not sure that is what a customer's statutary rights are under the Sale of Goods Act. If the phone is faulty then a repair or replacement should be offered, but it would not be reasonable to have to accept 3 repair attempts before demanding a replacement phone or a refund. This is separate to whatever warranty a manufacturer or vendor issues
Message 3 of 9
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Anonymous
Not applicable
Don't be fobbed off. Your statutory rights are that if you have an inherently faulty phone you are entitled to a replacement or refund.
If there is a complication because of a contract, then replacement is what you should have. It is more complicated under contract.
But sadly o2 seem to be treating everyone with the same contempt.
After 28 days it's repair only.
That is undermining your statutory rights.
Don't be fobbed off complaint to Matthew Key, the chief exec and more importantly trading standards who are looking into complaints about this 28 day rule.
The legislation to quote is the Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Message 4 of 9
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Anonymous
Not applicable
I have had my samsung soul since aug 08,it has now stopped working.I can turn it on but the display disapears.

Is it still covered under the one year warranty?

Do i phone 02 or go straight to samsung direct.

Any help would be great slight_smile
Message 5 of 9
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Anonymous
Not applicable
In its most simplist terms, the SOGA allows the retailer to decide if they want to send it off for repair, replace or refund. Its down to what is more economically sound and causes least disruption to the customer.
Message 6 of 9
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Anonymous
Not applicable
Don't be fobbed off. Your statutory rights are that if you have an inherently faulty phone you are entitled to a replacement or refund.
If there is a complication because of a contract, then replacement is what you should have. It is more complicated under contract.
But sadly o2 seem to be treating everyone with the same contempt.
After 28 days it's repair only.
That is undermining your statutory rights.
Don't be fobbed off complaint to Matthew Key, the chief exec and more importantly trading standards who are looking into complaints about this 28 day rule.
The legislation to quote is the c. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

i dont belive this in the slightest EVERY network will insit to get the phone repaired under the warrenty i highly DOUBT that every uk network has been consistantly breaking the law for the last 5+ years
Message 7 of 9
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Anonymous
Not applicable
i have the same phone... total disaster .. i complained and they said they would dispatch me a new one ...
Message 8 of 9
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Anonymous
Not applicable
If you have got to this point there must be more to the story than you are saying.Networks only look at terminating contracts for the most serious matters.
Message 9 of 9
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