Returning a faulty phone - My rights as a consumer?

[kalvin71]

Hello Everyone,

I bought a new mobile phone yesterday from The Carphone Warehouse (sim free without a contract) and it has become faulty a few hours after use. I spoke to someone in store today and they told me that their policy is that they are only allowed to exchange the phone once and after that only a repair would be an option but I'm after a refund instead and the sales-rep told me that the store does not give refunds to their customers who purchase a sim free phone (a sim free phone is a phone which isnt tied to a contract and is purchased at the full price of the handset for the customer to place a sim of their choice).

So I came home and found that on their website (below) it says the same thing but after some searching I've also found that under the Sale of Goods Act I'm entitled to a full refund providing that I return it during a certain amount of time. Will this apply to me? Also what do I say to the people at the store when I go tomorrow?


Sources:

Sale of Goods Act - Government Site

(http://www.adviceguide.org.uk/england/consumer_e/phones_tv_internet_and_
computers_index_e/consumer_problems_
with_broken_or_faulty_equipment_e/
broken_or_faulty_equipment.htm)

Carphone Warehouse Sim-Free Terms:

(http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c%7B5128dc80-d2cb-11de-e56d-000000000000%7D)

Thank you all for your help! :-)

[jocheved]

No. It won't apply to you because their return policy is clear and it is posted. If you do not agree with their return policy then your only option is to decline to do business with them. When you DO business with them, you are agreeing to their return policy by virtue of you buying an item from them.

Your only option is an exchange. You aren't going to get a refund.

[lalla3]

If they had signs in plain view that stated No Refunds, then you will not get a refund. You entered into a binding contract the instant you paid for the item.

[nann]

Now don't you wish you had just gone and gotten a phone at a legit establishment with sim card and contract instead of trying to beat the system?

[nann]

But surely not everyone is going to read the Terms & Conditions of the store before purchasing an item.

That is the CUSTOMER'S problem, not the store's of the government's. If people actually READ what they agreed to, half the courts on the planet would have to close for lack of cases.

[vruyk]

It is the consumer's responsibility to read the Terms & Conditions before signing. If you didn't do that, the fault lies with you and not the store. You put your signature on it, therefore, you agreed to all the terms listed, including the one that states you are entitled to an exchange and not a refund. Unfortunately for you, that would even hold up in court - they put the Terms & Conditions there on the assumption that the consumer will read them before signing. Once your signature is on it, you have no way to prove that you actually did not, in fact, read the whole thing before you signed.

[TeonoreFossow]

vruyk wrote:
> It is the consumer's responsibility to read the Terms & Conditions
> before signing. If you didn't do that, the fault lies with you and not
> the store. You put your signature on it, therefore, you agreed to all the
> terms listed, including the one that states you are entitled to an exchange
> and not a refund. Unfortunately for you, that would even hold up in court -
> they put the Terms & Conditions there on the assumption that the
> consumer will read them before signing. Once your signature is on it, you
> have no way to prove that you actually did not, in fact, read the whole
> thing before you signed.
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