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wot r my rights

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thermidorthelobster:
"Fit for Purpose" is the key phrase.  Sounds like it's not.  In which case they have to sort it out.

hrox:
hum not had a good experiance with phones 4 u.  got 2 phones on the same day 1st one was credit checked and everything and they gave me the 2nd with out any checks what so ever as they were bought at the sametime.  now the mrs phone (1st one) when live and could be used with in 2 hours. 8 Days later and the 2nd one had still not been made active dispite 11 phones calls to 3 who said speak to phones for u (21 calls + 3 site visits) finially i have enough went in and said i ant leaving till its fixed.  afre 2 hours on the phone to 3 i got the answer of we need a £150 depostit for the handset otherwise we cannot give it to you.  so i gave the phone back and walked off very pi$$ed  went online and ordered the same phone on the same contract on the same network direct with 3 this timae. and suprise suprise, it arrived next day already working!!  i wont be going back to phones for u and as soon as i can get the 1st phone away from them the happier i will be.

Good luck wiht the phone replacement / refund.

Moneypit:
You normally have a 14 day window to cancel the contract.

Do it then sort out the mess/phone.

I had a run in with Phones 4 U where I was missold the phones. Because it had gone passed the window it took me 8 months to get it sorted!!

Once you have cancelled they will be more attentive.

ian_s:
from trading standards

--- Quote ---The Sale of Goods Act 1979 (as amended) says that goods should be as follows:

    * Of satisfactory quality.

This means the goods must meet the standards that any reasonable person would expect, taking into account the description, the price and all other relevant information. In some circumstances, the retailer may be liable for any statement made by the manufacturer about the goods.

Satisfactory quality includes the appearance and finish of the goods, their safety and durability and whether they are free from defects (including minor faults)

    * Fit for the purpose

that goods of this type are generally sold. They must also be fit for any specific or particular purpose made known to the seller at the time of the agreement.
--- End quote ---


--- Quote ---Proving the fault
    * If you are claiming the remedies of repair or replacement within the first six months after purchase, it is for THE TRADER to prove that the goods conformed to the contract at the time of sale.
--- End quote ---


I had to quote that page to PC World about a laptop a while back
try printint it off and taking it into the shop with you. then you can refer back to it if they try and argue


hth
Ian

NeilWilson:
Read the relevant parts, I believe a couple of key phrases to use are that you are "rejecting the goods" & that you are "informing them at the earliest possible moment".  Saying you are returning the goods implies you accepted them in the first place.  I think this is mentioned in the SOGA & on CAB.  

It took me 30mins to persuade a highs street electronics retailer that his comany policy of no refund after 14days was not legal - including an offer to print out the relevant pages of the act - eventually he managed to get hold of his elusive area manager & 2 mins later I had a full refund & apology.  This was for a portable DVD player that the kids were going to use on holiday.  The earliest opportunity for me was back at work after the holiday & 1month after buying the goods.

You as a consumer have stacks more in your favour than the retailer.

Neil

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