Need help with sale of goods act

  acer01 19:28 28 Apr 03
Locked

Hi all,

Yesterday I purchased a re-packaged mobile phone from the carphone warehouse for my brothers birthday, however when I got the phone home it was faulty and wouldn't even switch on. So as it was my brothers birthday yesterday and he was going back to Germany today I had to buy another one to give him from comet because the branch I baught the faulty phone from was closed. This morning I went to take the phone back and the assistant told me that they would only exchange the phone and wouldn't give me a refund. I explained that an exchange was no good to me because I had to buy another one to give my brother and that I wanted my money back. Anyway I declined to accept the exchange and told the assistant I would get further advice before I would accept an exchange. So Could someone please tell me where I stand regarding getting a refund, or will I have to accept an exchange?

Cheers
Andy

  beeuuem 19:54 28 Apr 03

You are entitled to your money back. Quote "Sale of Goods Act 1979. Supply of Goods and Services Act 1982. The Sale and Supply of Goods to Consumers Regulations (following 31/3/03 transposition of Directive 1999/44/EC)" to them.
From click here
If goods do not conform to contract at the time of sale a consumer can request their money back "within a reasonable time".

  davidg_richmond 19:57 28 Apr 03

you should not accept an exchange - the goods are covered by the sales of goods act even though they are exchanged. all you concede in this situation is that the goods may not last as long as new goods, and that any defects which were apparent at the time of sale cannot be used as grounds to reject the goods. since the goods are faulty and you were not aware of that you are fully entitled to demand a refund on the goods. do not accept anything less.

  davidg_richmond 20:00 28 Apr 03

i assumed that 'repackaged' meant exchanged, however the goods are covered either way.

  bfoc 22:52 28 Apr 03

Under all the Acts, and directives, quoted above, if the retailer is not going to give a refund after such a very short time, they would have to PROVE either that:

1. Any fault was not there when the phone was sold.

or

2. You were made aware of the fault at the time of sale.

You have to only prove that the phone is not working.

Do not accept an exchange, insist that they fulfil their legal responsibilities and do let us know what happens!

  acer01 12:17 29 Apr 03

Thanks Guys, I will be heading back to carphone warehouse shortly, andi I'll keep you posted.

  acer01 16:24 29 Apr 03

Hi all, just to let you know that I went back today armed with the knowledge I had gleaned from your very helpful post and once again asked for a refund, at first they were insisting that I could only have an exchange, but after I threatened to phone trading standards there and then and have them explain the sale of goods act to them they decided that I could have a refund after all. So alls well that ends well.

Thanks to all that posted you're all stars
cheers
Andy

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