Faulty HTC Desire 500 bought instore on Friday.

Blue slippers · 27-04-2014, 12:00

I upgraded 2 contracts with 3 instore on Friday.

One was a HTC Desire 500 which is constantly crashing and needing rebooting in standby mode.

Im taking it back tomorrow but Will They replace it or sent it away under warranty?
I wont be impressed with the latter given its only 3 days old.

Any experience of this or advice would be appreciated

jabbamk1 · 27-04-2014, 13:14

Under the sales of goods act you can demand a replacement or refund.

Google it mate.

Blue slippers · 27-04-2014, 13:48

Quote:

Originally Posted by jabbamk1

Under the sales of goods act you can demand a replacement or refund.

Google it mate.

My concern is that under the sale of goods act, a mobile phone contract is with the service provider and not the retailer.

Although I upgraded in a 3 store I am concerned they will offer to send it off to have it looked at and not just replace it.

In fairness to them, I haven't even approached them yet, but I feel.a straight replacement handset would be the only satisfactory outcome in this instance.

Orbitalzone · 27-04-2014, 14:28

I'd take a copy of the sales of goods act, highlight the relevent section and demand a replacement. If they say they'll send it off and you accept then you've accepted their conditions rather than your legal right and it might be harder to demand a new replacement.

Your contract is between you and the supplier(retailer). So in this case the shop (I assume) supplied the phone to you? rather than the network provider (who may well own the store of course)

jabbamk1 · 27-04-2014, 14:31

Quote:

Originally Posted by Blue slippers

My concern is that under the sale of goods act, a mobile phone contract is with the service provider and not the retailer.

Although I upgraded in a 3 store I am concerned they will offer to send it off to have it looked at and not just replace it.

In fairness to them, I haven't even approached them yet, but I feel.a straight replacement handset would be the only satisfactory outcome in this instance.

But the actual phone isn't. That's where SOGA comes in.

Why don't you ring the store you bought it from and ask. They should just do a straight swap.

27-04-2014, 12:00	#1
Blue slippers Forum Member Join Date: Mar 2014 Posts: 21	Faulty HTC Desire 500 bought instore on Friday. I upgraded 2 contracts with 3 instore on Friday. One was a HTC Desire 500 which is constantly crashing and needing rebooting in standby mode. Im taking it back tomorrow but Will They replace it or sent it away under warranty? I wont be impressed with the latter given its only 3 days old. Any experience of this or advice would be appreciated

27-04-2014, 13:14	#2
jabbamk1 Forum Member Join Date: Jan 2012 Location: London, UK Posts: 8,759	Under the sales of goods act you can demand a replacement or refund. Google it mate.

27-04-2014, 13:48	#3
Blue slippers Forum Member Join Date: Mar 2014 Posts: 21	Quote: Originally Posted by jabbamk1 Under the sales of goods act you can demand a replacement or refund. Google it mate. My concern is that under the sale of goods act, a mobile phone contract is with the service provider and not the retailer. Although I upgraded in a 3 store I am concerned they will offer to send it off to have it looked at and not just replace it. In fairness to them, I haven't even approached them yet, but I feel.a straight replacement handset would be the only satisfactory outcome in this instance.

27-04-2014, 14:28	#4
Orbitalzone Forum Member Join Date: Oct 2000 Location: Sussex Posts: 12,173	I'd take a copy of the sales of goods act, highlight the relevent section and demand a replacement. If they say they'll send it off and you accept then you've accepted their conditions rather than your legal right and it might be harder to demand a new replacement. Your contract is between you and the supplier(retailer). So in this case the shop (I assume) supplied the phone to you? rather than the network provider (who may well own the store of course)

27-04-2014, 14:31	#5
jabbamk1 Forum Member Join Date: Jan 2012 Location: London, UK Posts: 8,759	Quote: Originally Posted by Blue slippers My concern is that under the sale of goods act, a mobile phone contract is with the service provider and not the retailer. Although I upgraded in a 3 store I am concerned they will offer to send it off to have it looked at and not just replace it. In fairness to them, I haven't even approached them yet, but I feel.a straight replacement handset would be the only satisfactory outcome in this instance. But the actual phone isn't. That's where SOGA comes in. Why don't you ring the store you bought it from and ask. They should just do a straight swap.

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Faulty HTC Desire 500 bought instore on Friday.