Can they do this?

[humphry11]

Orange have decided my HTC Wildfire S is faulty. I am 7 months into the contract. They are insisting I am not entitled to a replacement as it is over 6 months old and I don't have insurance. As a gesture of goodwill they are offering me a refurbished phone. Surely under sale of goods, as the phone is faulty they have to replace it?

 

[Foxholer]

When did you first notify them that there were problems?

Was/is there a warranty with the phone?

Have you read your contract?

 

[humphry11]

When did you first notify them that there were problems?

Was/is there a warranty with the phone?

Have you read your contract?

1)This week

2)Surely as they supplied the phone new it has a warranty

3) Whatever the contract, statutory rights take precedence, don't they?

 

[DappaDonDave]

I'd assume if the fault is through general wear and tear or poor build quali you'd be entitled to a replacement. But if it is down to you doing a weewee on it or damaging it in some way...it's your fault.

 

[humphry11]

I'd assume if the fault is through general wear and tear or poor build quali you'd be entitled to a replacement. But if it is down to you doing a weewee on it or damaging it in some way...it's your fault.

It is build quality

 

[bozza]

Don't most electrical items come with a manafactures 12 month warranty that covers something like this where they either have to fix it or replace it?

I may be wrong though.

 

[AuburnWarrior]

Everything now has a two year warranty - it's an EU directive.

 

[kmdmr1]

I purchased an all singing all dancing printer/copier/fax/scanner from Currys,had it just 3 months when it went bang,took in with my reciept to the shop I purchased it from expecting a new one,and they wounldnt replace it,I had to take to a Epsom repair station,they couldnt repair it so was offered a refurbed unit,to say I wasnt happy was an understatment..never bought from them again..

 

[DaveM]

I purchased an all singing all dancing printer/copier/fax/scanner from Currys,had it just 3 months when it went bang,took in with my receipt to the shop I purchased it from expecting a new one,and they wouldn't replace it,I had to take to a Epsom repair station,they couldn't repair it so was offered a refurbed unit,to say I wasn't happy was an understatment..never bought from them again..

More fool you! Your contract was with Curry's. So they have to replace under consumer law. You should have stood there and shouted the odds until they did. All these places try to fob you off. But you are right, they are acting outside the law.

 

[Scouser]

Everything now has a two year warranty - it's an EU directive.

Technically a warranty means nothing...if something would be expected to last 5 years and it went wrong in two u still have some sort of claim ....wouldnt be a replacement but a part claim at least

 

[moogie]

I would have to guess u would have atleast 12 months cover with HTC themself.......??
Ive currently got an HTC, no probs, touch wood
But my previous 2 phones ( all Orange ) were Sony Eric, 2years warranty direct with Sony, so was no need for extra insurance, u just contacted Sony via warranty booklet contacts, sent off to them, FREE, then repair, post back, FREE

Good Luck, but dont give up, keep pushing