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Phone purchased from carphone warehouse 4 days ago - faulty - refund refused!


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Hey all!

 

I bought a blackberry phone on payg from CPW on the 24th may. Upon using it for the first time, the trackpad seemed faulty and my local branch agreed.

I asked for a refund but this was refused - they said their policy was exchange only. I contacted Head Office who stated the same!

 

Am I entitled to a refund? The guy in my local branch stated it was faulty on the receipt too!

 

I bought this in-store in Hayes and returned it to my local branch in Stanmore.

 

Shall I contact consumer direct to start a complaint - but are CPW acting illegally by refusing me a refund?

 

Thanks!

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Hey all!

 

I bought a blackberry phone on payg from CPW on the 24th may. Upon using it for the first time, the trackpad seemed faulty and my local branch agreed.

I asked for a refund but this was refused - they said their policy was exchange only. I contacted Head Office who stated the same!

 

Am I entitled to a refund? The guy in my local branch stated it was faulty on the receipt too!

 

I bought this in-store in Hayes and returned it to my local branch in Stanmore.

 

Shall I contact consumer direct to start a complaint - but are CPW acting illegally by refusing me a refund?

 

Thanks!

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You are entitled to enforce a contract, so if the promise of an unconditional refund was a part of the deal, so be it.

 

Otherwise, the Sale of Goods Act [section 48C] entitles a buyer to a refund if an appropriate repair or replacement is impossible, inconvenient, or takes too long.

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I'm pretty sure the Sale of goods act states repair or replacement and as long as they're offering replacement, thats as far as they legally need to go.

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I'm pretty sure the Sale of goods act states repair or replacement and as long as they're offering replacement, thats as far as they legally need to go.

As this has gone faulty within 24 hours maybe the SOGA allows for a refund. n If it was a month or more down the line then maybe not.

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

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