D*** Mobile Phone for elderly/disabled Cant send texts after 4m return refund repair?

Lingua

Registered User
Messages
112
Hi,

my elderly father bought a d*** mobile phone just 4 months ago. These phones are specially made for the elderly, being easy to use, large keys etc.

They dont however have a good reputation and now just 4 months after paying out €89 the phones messaging has stopped working. So he can phone someone but cant text any more.

Usually when you buy a mobile phone you cannot be refunded as its a 'used' phone but surely in this case he has a right to a refund?

He still has the receipt and will certainty bring it back but does anyone here know what the consumers right is here?
 
Take it back to the shop for repair or replacement, which is his right under consumer legislation.
 
The Sale of Goods and Supply of Services Act, 1980 gives legal rights to consumers in their dealings with retailers and service suppliers. The Act empowers consumers to take action for themselves. Most issues under the Act are civil legal matters to be dealt with between the parties to the contract.
Under the Act, goods should be:
  • Of merchantable quality - the goods are of an acceptable standard
  • As described - false or exaggerated claims must not be made by the seller
  • Fit for intended purpose - be fit for the purpose they were bought for
  • Correspond to the sample
Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved.
 
Ive expanded your title.

Out of interest what is a d*** phone? I cant google the stars!

aj