I purchased a HTC HD2 handset from Carphone Warehouse, earlier on this year for £449.95. After the first couple of weeks the phone started to intermittently freeze, leaving me unable to answer calls the majority of the time. I went back to the store and the salesman told me that they would not replace the item or offer a refund; all that they would do was send the phone to HTC for repair. The phone was sent and was gone for two weeks.
After the phone was returned, I realised that the problem was still there. I contacted Carphone Warehouse again and was told by both the store and the Customer Care line that no replacement or refund would be given and that it was HTC's problem and should be sent back there. Not wanting to be without the handset for another fortnight, I tried to manage, but the problem got so bad the phone became unworkable.
The phone was sent off again, this time it was gone for three weeks. When I went back to the store to pick it up it appeared that now there is physical damage caused either in transit or at HTC. The screen has two very noticeable scratches on.
Again, Carphone Warehouse says that they will not offer a replacement or refund. It has again gone back to HTC.
I feel very frustrated and angry that I have paid £449.95 cash for something that I cannot use as intended, and I am appalled at the attitude shown by Carphone Warehouse. The salesman in the store, the same person who actually sold me the handset, even advised that I sell the item on Ebay as it is unlikely to be replaced or refunded.
I would appreciate your help and guidance on this matter and where to go from here.
Answer by pure_pants_uk
First question: did you pay them originally by credit card? If so, you just need to contact your credit card company and explain what has happened and claim against them. If you have paid over £100 for your goods via credit card you can hold both the trader and the credit card company liable for any breach of contract under Section 75 of the Consumer Credit Act. The credit card company is jointly and severable liable which means that you don't have to go to the trader first to make your claim, however in practical terms speaking to the trader may be the quickest way to get your problem resolved.
Otherwise, read on:
The Sale of Goods Act 1979 as amended
When you buy goods you form a contract between the buyer and the seller which is legally binding and is covered by a law called the Sale of Goods Act 1979. If you have purchased goods, from a trader, that have become faulty or were not as described when you purchased them or are not fit for the purpose for which you bought them read our information below and know your consumer rights.
Your Rights
If you have bought goods you have a right to expect that they should be as described, fit for purpose and of satisfactory quality:
'As described' means that it should correspond to any description given about the goods such as the quantity, colour, measurements etc. These descriptions may be verbal statements about the goods, statements in the brochure, on a shelf edge or even on the box.
Goods are of 'Satisfactory quality' if they reach the standard a reasonable person would expect taking into account the price and any description.
- The law says that goods that are of satisfactory quality are free from minor defects, have good appearance and finish and are durable, safe and fit for all the purposes for which such goods are commonly supplied.
In addition to being fit for their every day purpose goods should be fit for any specific purpose you agreed with the seller at the time of sale [for example, if you specifically asked for a printer that was compatible with your computer]
If your goods are not satisfactory you may be able to make a claim for up to 6 years in England and Wales and 5 years in Scotland after the purchase of your goods, for a refund, repair or replacement.
You do not have a right to a refund under the Sale of Goods Act 1979 if you have simply changed your mind about a purchase or decided that you do not like it. However, other consumer legislation such as the Consumer Protection (Distance Selling) Regulations 2000 provides other cancellation rights see our buying at home section for further advice.
Claiming a refund
If goods are faulty and you wish to claim a full refund you should contact the trader within a reasonable period of time, this time period is not set out by the law as it will vary depending on what has been purchased and the circumstances of the sale. For instance you may buy a pair of shoes and wear them the next day, and realise they are faulty and return them within a week for a refund. Equally it might be reasonable to buy a pair of skis in a summer sale and not use them until winter and return them for a refund the following season when the fault is discovered. The best practice is to take action and report the problem and ask for a refund as soon as you discover the fault.
When can I get a refund? When will I be entitled to only a repair or replacement?
If you are returning goods that are not of satisfactory quality or not as described and you inform the trader of the problem within a reasonable period of time, you may be entitled to full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.
If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.
Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience.
Who do I claim a refund, repair or replacement from?
Your contract is with the trader and not the manufacturer and you should always go back to them to make a claim under the Sale of Goods Act.
What do you think? Answer below!
Orignal From: Could I claim compensation from Carphone Warehouse?
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