quick SOGA question

[wjwren]

Bought a nokia phone from Dabs 9/9/2015. Today it wont turn on. Emailed them for return and refund. They say they want me to send it to Nokia for inspection.
Is this correct - I was under the impression I could get a full refund.

[wjwren]

anyone?

is there a time from receiving goods that are faulty you can send back and get a refund?

[mcflurry]

Was delivery within the last 14 days?

https://www.gov.uk/online-and-distance-selling-for...

[wjwren]

yes

[Retroman]

Your contract isn't with Nokia either as you bought it from Dabs so if you decided to opt for a replace or repair you'd send it back to Dabs then they can send it to Nokia if they'd like.

[blueg33]

mcflurry said:

Was delivery within the last 14 days?

https://www.gov.uk/online-and-distance-selling-for...

This. Spell it out to them

[PurpleMoonlight]

blueg33 said:

mcflurry said:

Was delivery within the last 14 days?

https://www.gov.uk/online-and-distance-selling-for...

This. Spell it out to them

You can't use the distance selling regs if you have used the item as far as I am aware.

The OP needs to use the SOGA as originally stated.

[Martin4x4]

This distance selling reg have been replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
http://www.legislation.gov.uk/uksi/2013/3134/pdfs/...

Faulty good are an issue under the SOGA, you contract is with the Supplier not Nokia and it is their responsibility to replace or repair the item.

Given the extremely short period of time since purchase you have very good grounds to ask for straight replacement.

[PurpleMoonlight]

wjwren said:

Bought a nokia phone from Dabs 9/9/2015. Today it wont turn on. Emailed them for return and refund. They say they want me to send it to Nokia for inspection.
Is this correct - I was under the impression I could get a full refund.

You can demand a refund if the item fails within a short time, but there is no specific definition of time as far a I am aware. Most reasonable people would consider two weeks short I would think though.

If you wish to pursue a refund you need to return the phone and demand a refund in writing. Chances are they will do so.

[schmunk]

PurpleMoonlight said:

You can't use the distance selling regs if you have used the item as far as I am aware.

The OP needs to use the SOGA as originally stated.

Indeed, the 14 days right to cancel is to allow personal inspection of goods bought at a distance, not a 'suck it and see guarantee'.

[blueg33]

U

schmunk said:

PurpleMoonlight said:

You can't use the distance selling regs if you have used the item as far as I am aware.

The OP needs to use the SOGA as originally stated.

Indeed, the 14 days right to cancel is to allow personal inspection of goods bought at a distance, not a 'suck it and see guarantee'.

Good point. It has to be fit for purpose though.

[wjwren]

they changed their tune when I stated SOGA

[ging84]

they are always well within their rights to inspect anything you return
you can's buy a phone drop it in a bucket water, or put it in the microwave then return it because it was within 7days, 14 days, 30 days, 6 months, or 6 years.

If mommy's phone didn't belong in the microwave, why did it fit?

[johnfm]

schmunk said:

PurpleMoonlight said:

You can't use the distance selling regs if you have used the item as far as I am aware.

The OP needs to use the SOGA as originally stated.

Indeed, the 14 days right to cancel is to allow personal inspection of goods bought at a distance, not a 'suck it and see guarantee'.

You can cancel without any cause whatsoever, subject to certain restriction (depending on the nature of the goods/service supplied).