e2save (Carphone Warehouse) - Replacement of Faulty Handset

[thebigun]

Can anyone help please?

I bought a phone at Christmas, and it developed a fault with sound during video playback. mp3 files play OK tho. Took it into local store, they sent it off to Samsung who replaced the speaker. However it still had the fault on return so was offered a replacement handset. They said it would be a refurbished one. I asked for new but they refused saying mine wasn't new. They said could have a new one on insurance, but I thought this was fraudulent as it was still under warranty. They offered to send it back to Samsung, but I refused saying I didn't have faith in the repairs proceedure as it had not even been checked on return.
They now have my old phone and all I have is a temporary phone till this is resolved (on insurance)

My questions then:

Can they offer me a refurbished phone or should it be new?


Any suggestions as to what I should do next?

[buzby]

No - after 6 months you would only be entitled to a refurbished (as new) handset, and the warranty would continue based on the original Xmas date of supply. To receive a new handset would be betterment, and I'm not sure why it was suggested that an insurance claim would mean a new handset, as invariably factory refurbs are supplied here too.

[thebigun]

Thanks for that buzby. Do you know where it says that in either Carphone Warehouse or "law". I believe you, just interested 'cos I've not heard that before.

Ta

[buzby]

Your issue is covered under the Sale of Goods Act, a 'reasonable time' is allowed for the goods to be replaced should there be a problem, and this has nothing to do with CW, as it would be the same if a TV or 3 piece suite.