Broken item not replaced

[John333]

I was brought a new phone from Amazon for Christmas. The phone was broken so I sent it back for a replacement. However, the company are not sending me out a replacement. They are saying it would be quicker to give me a refund.

 

However, the company are still selling the same product on this listing. However, it is for more money than we paid. So it appears they don't want to send this replacement because they are now getting more money for this product.

 

Do I have any rights in this situation?

 

Thanks

[Bullpoofilter]

They must as far as the Sales of Goods Act is concerned repair, replace or refund - it's their discretion as to which they do.

[John333]

Thanks for the reply. Do they have any obligation to send within a reasonable time? They clearly have stock but are not sending the item to me.

[MaxxPower]

They only have obligation to repair/refund/replace within a "reasonable time" which is usually considered to be 28 days, but as was said it is their choice which to offer, not yours. However if you're refusing a refund then the 28 days probably wont apply.

Unfortunately if they have chosen to refund then there's nothing you can do about it. You can't force them to give you a replacement instead I'm afraid.