I bought a new mobile phone from a seller on Amazon Marketplace. When I started using it I started to have usability issues with the phone freezing, randomly opening apps and menus, <8hr battery life and total inability to connect to wireless networks. These made the phone almost unusable so I sent it back as faulty.

The seller has, in their words, “been unable to duplicate the fault” and has sent it back to their supplier. They haven’t elaborated on their ‘testing’ of the phone but I suspect it didn’t replicate actual daily use.

I’m currently using a knackered old phone and have been significantly inconvenienced. So what rights do I have? I know according to the SoG Act that I have to give the shop reasonable time to repair the fault, or replace or refund, but what happens when the shop refuses to acknowledge that there is a problem?

I’m worried that I’m going to end up with an unusable phone back and be seriously out of pocket.

Any help much appreciated.

Cheers

Ed

You don’t have to give the shop any time to repair.

2 reasons – distance selling regs you get to reject it after a short time with no penalty. SOGA you have the right to refund / replace / repair your call.

Look on the consumer direct website

Thanks TJ – I will have a read and pursue them about it.

TJ – just a couple of queries…

From the Consumer Direct Website:
Any item you buy from a trader (eg shop or online shop) must be:
– of satisfactory quality
– fit for purpose
– as described

If it isn’t, the item is faulty and you can usually get one of the following:
– repair
– replacement
– refund

What do they mean by ‘usually’? Does this mean what you get is open to negotiation with the seller?

Proving goods are faulty
If you bought the item within the last six months, it’s the trader’s responsibility to prove the item wasn’t faulty when you bought it.

Does this mean that the item is assumed to be faulty, end of – and the only thing the seller can do is try and prove that I caused the fault?

cheers

Ed