Shop refusing to refund money/exchange item

[mrs_overall]

I took youngest Junior O to Carphone Warehouse for a new phone last month. A problem has developed with the software and we took the phone back yesterday. They said that as we have had it more than 28 days (I bought it 29 days ago!) there is no entitlement to a refund or exchange. They have sent it off to the manufacturer for repair. Are they right or could I have asked for an exchange for a new phone?

[rojash]

This is what "Which?" has to say:
"If you buy a product that turns out to be faulty, you can choose to 'reject' it: give it back and get your money back. However, the law gives you only a 'reasonable' time to do this – what is reasonable depends on the product and how obvious the fault is. However, even with something like a car, you usually have no more than three to four weeks from when you receive it to reject it."

So it would seem that Carphone Warehouse have the right to choose to get it repaired or replaced at their discretion.

It goes on to say:
"Under the Sale of Goods Act, the retailer must either repair or replace the goods 'within a reasonable time but without causing significant inconvenience'. If the seller doesn't do this, you are entitled to claim either:

reduction on the purchase price, or
your money back, minus an amount for the usage you've had of the goods (called 'recision')."

http://www.which.co.u...oods-act/your-rights/

[flump1]

Hi Mrs O , I am not in the retail / law trade , my understanding is that as you have purchased something that is faulty within a guarantee period , you are entitled to an exchange. Refunds are more complicated...you may well be entitled.

[Brinjal]

They often have what is called out of box warranty which is about two or three weeks in which time they will replace the phone. After that the phone would be sent for repairs

[bednobs]

they are right i'm afraid

[mrs_overall]

Thanks all for your replies xx

[mike11111]

An expensive, but valuable lesson: don't shop at Carphone Warehouse!!!!!

[grffindoor2011]

How I hate the carphone warehouse....

I would email Roger Taylor the Chief Executive of Carphone Warehouse?
[email protected] if you have any further problems.

[mrs_overall]

Thanks

[ojread2]

But an item with a fault that develops within 6 months of purchase is deemed as having an inherent fault and therefore refund or replacement rules are different
An essential part of the C&P in post 1 was missing ...

"Six months...and counting
If your claim is about a problem that arises within six months of buying the product, it's up to the retailer to prove that the goods were of satisfactory quality, fit for purpose, or 'as described' when it sold them e.g. by showing that the problem was caused by an external factor such as accidental damage."