Faulty phone LEGAL rights

[NannyL]

Got a new top of the range nokia in september 2005.
When purchasing stated it had to be nokia blue tooth in order to work with the hands free system in my car.

After 2 weeks it wouldnt charge so went i got a new replacement at the end of September.
This phone is now already definitley faulty and less than 3 1/2 months old! I got it from car phone ware house with a contract etc (so phone was 'free')
When i take it back on Saturday can i INSIST on a brand new phone? (cause i want to and feel its not of murchandisable quality)
If not and they want to send it away for repair (which im sure they gonna try to get me to do anyway,) can i INSIST thet courtesy phone has to be nokia blue tooth enabled.... (cause other wise i cant use it in my car, and i did make that VERY clear when i got the phone in the first place)
If not do you think its worth me "accidently" dropping phone in bath etc, cause then i'll get a new one straight away on insurance!

anyone?

no you can't insist on a new one. they are entitled to send it away to be repaired.
i don't think that they have to provide you with a courtesy phone at all... so you won't be able to insist on it being bluetooth, but it's worth asking. a lot are bluetooth enabled now anyway.

who is your contract with? if you pay for insurance then it's worth phoning your company and asking. I did this with orange (though got the phone from phones4u) and they replaced it, no questions asked!

thanks!

i dont quite get why i cant ask for a new one.

a phone lasting 100m days is surely not of murchandisable quality.

Think i may go ain and see what they say... in the knowledge that if yhey want to send it a way (NO WAY) will i be without a phone OR without handsfree it could fall in the bath, and be replaced without quibble!

well the sale of goods act says that retailers are within their rights to get something repaired if it is faulty

the thing is, if you claim a new one on insurance you often have to send the old one back. they will be able to tell if you've dropped it in the bath!!!

well i went this morning and because ive got insurance ill get a new one straight away. They had none in stock but ordered me a brand new phone which i'll collect on Tuesday. so thats ok.

as for the insurance mine covers me for everything and if i did drop it in bath id get a new phone through that!

also i undersatnd that sale of goods act states goods must be of reasonable quality, and last for reasonable time all dependant on price paid etc, ie a £20 phone may not last as long as you would 'reasonably' expect a £200 phone to last etc.

i would say thats its reasonable for a phone to last more than 3 months, hence not of murchandisable quaility. If you get a TV from a shop and it breaks within 6 months they have to 'prove' fault wasnt there when purchased etc, so why not the same for a phone?

anyway ill be getting a new phone so im happy! i was thinking tho, my boss is V good friends with director of carphone warehouse, so expect a few calls could have sorted it!

? In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

that's from DTI site.

but irrelevant anyway! good result!
our carphone warehouse is staffed by some really horrible little shits!