replacements, refubished phones and refunds

S

sonyxperia-s

New Member
Jul 24, 2013
1
0
0
I would like some advice regarding replacement/refurbished phones and refunds.After 4 months my sony xperia s became faulty so it's been sent for repair. As i've only had for 4 months when it developed a fault, doesn't that mean the fault is inherent?
Firstly, as the fault is inherent am i not entitled to a refund? can i ask for a refund? can they refuse a refund?
Secondly, i do not want a secondhand phone as that is not what i paid for, so can i refuse a refurbished phone?
Lastly, if i accept a refurbished phone, can i get a discount? how do i get a good discount for a refurbished phone?
 
W

Witch consumer

Moderator
Sep 8, 2008
1,593
3
0
Debtors retreat
If you bought the phone as a consumer then it is covered fully by the sale of goods act, if it came as part of a contract then it isn't, it is covered by contract law and as it forms part of your phone contract, you are entitled to a working phone although this does not have to be brand new, it does have to work!
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi,
As the phone has broken within the first 6 months of use, it is the retailers duty to prove that the fault was not present at time of purchase (ie a manufacturing fault). If it is a manufacturers fault, you are entitled to a partial refund (accounting for time of use), a replacement or a repair. The replacement must be a brand new phone, and the repair must be carried out in a timely manner without causing significant inconvenience.
If however the fault is not a manufacturing fault , you have no legal standing to demand anything for free, and anything provided is through goodwill.

Adam


Edit: sorry Witch, must take me some time to type lol. And the above is assuming this is PAYG.
 
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