I am taking Vodafone to a small claims court.
I purchased a Sony Xperia Z1 in April 2014 on the premises that it is waterproof up to a depth of 1.5m for 30 minutes as advertised on Vodafone's website.
Upon taking the phone into a swimming pool for less than 10 seconds the phone became inoperable despite closing all the port covers on the phone.
Upon calling Vodafone they said that the damage was not covered by warranty
and that I would have to take it to a Sony repair centre at my own cost.
I refused as I purchased the phone from Vodafone based upon their advertisement
(Vodafone initially refused it was their advertisement and that they only put it on their website because Sony told them to).
To cut a long story short
they eventually agreed to replace my handset with a refurbished replacement.
To my dismay this replacement was also faulty (Different faults) so
I also sent this handset back for them to repair.
Two weeks later and they have sent me back another broken handset.
I have been using a temporary phone for 6 weeks, have spent countless hours talking to Vodafone and am at the end of my patience.
Now I now wish to use my rights under the Sale of Goods Act 1979 and return the phone for a refund because:
• The good is not as described (phone advertised as waterproof when it is not)
• Fit for purpose (the replacement phones they sent are faulty)
• Vodafone have failed repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
What would be the best way to go about this?