What are my rights wrt a refund/replacement for a non-working phone

[katymac]

I have a much loved Blackberry Priv (so does DH)

Mine broke so I sent it back to be repaired/replaced & they can't repair it

They won't replace it with the same model as they don't sell it anymore & they will only refund the price I paid & as I bought it on Black Friday it was heavily discounted & I couldn't afford a new one for the price.

DH has said he would use the new phone & give me his old one but I'd have to buy him a new phone case as the new phone won't fit in his

Whatever way you look at it I am out of pocket

Can I insist they buy me a phone

The whole thing is complicated by the fact that I have sensory/vision issues & I need to have actual keys not a touch screen for typing

bump

You're entitled to a replacement or repair (at any time), or a full refund if you return the product within thirty days.

You have exactly the same rights to refunds when you buy items on sale as when you buy them at full price.

Whatever way you look at it I am out of pocket
Not from the retailer's perspective. You paid (for example) £200 for a phone. If you hadn't bought it then you would have had an extra £200 in your bank account. Therefore you are only £200 out of pocket.

So they will replaced my 350 phone with a 500 phone but they won't give me 350 cos I paid 280

Maybe I should take the 500 & sell it then get the 'old' phone & go out to dinner!

DH thinks that getting the new phone & selling it is the way to go - so we will

They are only required to refund what you actually paid for the phone. I am amazed you think they should give you more just because the phone is normally sold for a higher price.

Note that the £500 phone won't be worth that much second hand. Even if you don't take it out of the box it will drop in value significantly - possibly by one third or more.

I just want the phone I picked - I don't care how I get it; I bought a particular model, I'd like that model - it's still available just not from them

The £500 is going for over £350 in 9 out of the last 10 sold on eBay

Is this thread a joke?

It must be as I can see no other reason why you would be complaining about getting a full refund.

You are not out of pocket at all.

You paid £280 and now you are being refunded £280.

Could you just clarify one thing?

Why are you talking about selling a £500 phone??

I thought that you said that the retailer as going to refund you the money that you paid, £280.

They say I can have either/or

a £500 phone that doesn't do what my phone did or my money back

I spent months (literally) choosing the old phone as it would meet my needs exactly - it had a very large screen & a qwerty keyboard (actual keys) this £500 has the keys but the screen is much smaller (maybe a third smaller). so as the other phone is still available (hasn't been discontinued or isn't obsolete) I'd rather have that one

I get I am being a pain - but there are reason I chose the other one

a £500 phone that doesn't do what my phone did or my money back
The retailer has offered you a full refund without any argument even though the phone was bought nearly a year ago.

Then they go one better and offer you a phone that is worth £220 more than you paid for your phone.

Are you honestly saying that you think they should do even more for you??

I'd rather have that one
If you want it that badly, get the £280 refund and pay the extra yourself.

I cannot believe that you think you are entitled to anything more than the £280 you originally paid.

I am amazed that you have been offered a £500 phone in exchange for a £280 phone and I can't believe that you don't think that this is good enough.