Broken new mobile phone - rights?

C

Crea

Registered User
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I bought a mobile phone and when I took it out of the box it didn' work.
I went to replace it and the company policy is to repair mobiles and not replace them.
The phone is brand new. Why would I want a repaired phone that had been broken rather than a new working phone?
I can't get any satisfaction from them. I've looked up the consumer website but can't see anything to definitely say that i've a right to a brand new phone rather than sending this one away for repair.
Does anyone know where I stand?
 
Sale of Goods and supply of services act 1980 says it must be fit for purpose and of merchantable quality.

[broken link removed]

Stick to your guns and get either a new phone or a refund. Tell them you'll bring them to the small claims court.
 
I don't know if i'm reading the above links right but can I insist on a refund?
This is what I want ideally.
 
From the [broken link removed]


If goods prove to be faulty, do I have to accept a credit note from the Seller? No. Where goods are faulty, a consumer may refuse to accept a credit note and has the right to seek a replacement or refund.

Looks like you can demand a a refund or replacement. Tel them you are well aware of your rights and you will report them to the ODCA (free) or threaten them with the Small Claims Court (€9).
 
kazbah said:
Sale of Goods and supply of services act 1980 says it must be fit for purpose and of merchantable quality.

[broken link removed]

Stick to your guns and get either a new phone or a refund. Tell them you'll bring them to the small claims court.
Click to expand...

This Act also says that the retailer has the opportunity to repair the phone as well.

In most cases, the retailer will follow the sequence of repair and then replacing if that doesn't work, and only eventually providing a refund.

Bringing them to, or threatening them with, Small Claims Court will be no good if they are trying to repair the phone - they're following the Act.

And, unfortunately, there's no timescale on the sequence of events above. They could take as long as they want over it.

And just to be clear, "sticking to your guns" over a refund or replacement doesn't matter either. As I said, as long as their making best efforts to replace the phone, they're following the law.

You should at least make sure you've got a replacement phone while they're repairing your other phone.
 
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