consumer rights question

[petercam]

The mrs bought a new ericsson mobile a few months back from that phones4u place. The thing stopped working last week, and she took it back expecting a replacement. She was told that as it was not under their insurance policy - which she declined at the point of purchase, they had the right to send it away for repair which could take up to 28 days. In the meantime she is without a phone. Whatever happened to consumer rights and faulty goods? Are they within their rights to do this? Can she demand a replacement or will she have to wait?

[TheLemming]

Have they offered a courtesy phone for the interim?

Having used the Carphone warehouse in the past, they have always given me one while my phone was being repaired.

[plotloss]

If the phone itself has a 12 month guarantee and it is still in its guarantee period then yes, they are legally obliged to replace it.

Matt.

[Jason F]

plotloss said: If the phone itself has a 12 month guarantee and it is still in its guarantee period then yes, they are legally obliged to replace it.

Matt.

If it can't be fixed. I think they are quite within their rights to have it sent away to get fixed, and 28 days counts as a reasonable time in law. If it cannot be fixed then yes they will have to replace it. And as far as I can recall ALL goods sold under the SOG Act (i.e. bought in a shop not a private sale) have a 1 years Guarantee.

[DancingMoose]

So I can take back this milk that went off 6 months ago?

Boom Boom.

[ultimasimon]

Anything sold through a commercial outlet is regulated by the Sale Of Goods Act 1964 (section 4) as stated above. This section deals with a product being of "Merchantable Quality" (ie reaonable quality to sell commercially), and that the product is "fit for the purpose for which it was intended". Basically, if you buy a product and it doesn't work, its not of merchantable quality and it's certainly not fit for the purpose as it doesn't work as a phone. You are entitled to a full refund, providing that it's the first time you take it back, and that the product has not been repaired, or exchanged before. Once you send it back for repair, you negate the right to a full refund, and you are bound by the suppliers good-will to fix, or exchange the faulty product. So If you wanted to swap the Erikson for a Nokia, for example, tell them that you want a full refund, and then choose another product. Once you accept the Erikson, you will be stuck with it once they repair or exchange it, unless the phone company has a 14 day exchange plan or other offer that is not regulated by the above act. Don't be fobbed off by the shop as all they want to do is move more boxes. Hope this helps.

[granville]

Ah yes, consumer legislation: about as clear as mud with extra dark stuff poured in to aid the lack of clarity, all whipped into complete confusion by an army of dogoodista who have various tenuous levels of legal training but are all variably qualified to give equally dubious and yet claimed definitive diagnoses of whichever specific case but in fact know jack sh1t because so much of the law is based on precedent and thus despite what's on the statute book it may still not apply!

Bottom line, if it's between 2-4 weeks old, most gents of the judiciary will favour the punter. If over this time, tough titty; it gets repaired, albeit within another ill-defined, vague period refrred to as 'a reasonable period;' this is about 4 weeks.

At the end of the day, guarantees are to fix things, not necessarily replace 'em.

Oh yes, the 1979 SOGA doesn't seem to apply to cars.

Gggggggrrrrrrr.....

[chris.mapey]

Ahh Phones 4u, my old employers....

The problem comes from the fact that the loan phones for each store were made up from the part-exchange deals that were running in the first half of 2001. These were mostly v.old knac**red handsets, but they should have worked. These have probably expired leaving the shop with no loan phones (the other favourite was customers bringing loan phones back "that just stopped working" and were subsequently found to have got VERY wet....)

Any way, if the situation has not been resolved, try calling Phones 4u Head Office (01782 600600) and speaking to Ed Corser, who seems to be able to magic loan phones from somewhere.

The other option is Ericsson direct, I sent my Ericsson handset back to them for a FOC software upgrade, posted special delivery on Monday, and back to me via courier on Friday morning...

Hope this helps...

PS, be careful of Phones 4u sending your phone back to MPRC if you know that it has EVER got wet (even if it worked afterwards), they have a nasty habit of saying it is beyond economic repair, and charging you £15 + VAT to get it back to you....