Mobile phone/sales of goods act.

[Irezumi aka Reuben]

I bought a new mobile phone on Thursday from O2, just a cheap pay as you go as my old one is knackered.

Took me less than 5 minutes so wasnt paying a great deal of attention, turns out the phone was red, not an issue, however the back lighting is pink. I don't particualrly like this and am not metrosexual (closet gay) enough to have that flashing up in nightclubs, if it was red I'd be fine with it.

All I could find in 'the sale of goods act' is "Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale)".

The box indicated it was red, not pink. I only want a replacment as well(just a different colour), not a refund. The phone has never been used bar isntalling the sim card and battery/plugging in the charger, all receipts are present. Went in to an O2 store today and was told could not do it and was too tired to argue without information.

So, any suggestions on where I stand/waht I can do before I start sending of strongly worded letters?

[Asharin]

Argue loudly and keep insisting you get a replacement. They'll give in eventually just to stop you putting off the other customers
____________________
I can't sing: https://laughinginpurgatory.bandcamp.com and https://soundcloud.com/laughing-in-purgatory
I am Dyslexic of Borg, resemblance is fertile, your ass will be laminated.
2008 Honda Dullsville 700

[Drew]

I once took a phone back the day after i bought it (to phones4u) just because i didn't like how the texting worked. They were fine with it and refunded me the money, though I believe they had no obligation to do so.

Best bet is just to go back, and explain the situation and see what they can do for you.

[DEN MONKEY]

yeah that's it go back in and tell them you want to return it because the back light is pink

If you had as much confidence in your sexuality as you try to portray in your original post the pink light would not be an issue.

If you're that concerned about it, pass it on to some bird you like or your boyfriend and go back and buy another 'cheap' blue phone.
____________________
meh

[iooi]

But it does conform to contract.... It says RED and it is RED.....

The fact it has a pink backlight is just your bad, for not looking at it before you walked out of the store... You should always ask to see it out of the box, as the display ones are never the same.

I think it really is down to how much they value your custom as to whether they will swop for another. But maybe they only have red instore.
____________________
Just because my bike was A DIVVY, does not mean i am......

[MattEMulsion]

[Neorion]

O2 give you 14 days with a contract phone to change your mind on the handset once.

Surely its a case of not accepting the goods, but why did you not pay attention????

The sales of goods act is always open to interpretation but for the sake of a I am assuming basic phone you should not have much of an issue if it can be resold.

You can return things that have been used but a business is allowed to take a percentage of the value to cover depreciation.

Be honest its pink and you is a proper bloke (I assume), speak to a bloke in the shop and ask him would he have one if its pink.

Oh this is only useful if he is not camper than a scene from a carry on film.
____________________
VFR FI 2000- Shiney Red Thing
"some things man was never meant to know, for everything else there's Google"

[MattEMulsion]

[powelly]

[Drew]

[jack_zxr400]

you should be able to change the back light or 'theme' or something like that in the settings
____________________
Previous Bike: ZXR 400
Current Bike: R6
Test Date: 8/8/2008-PASSED

[MarJay]

There is nothing in the sale of goods act that says "The purchaser is entitled to an exchange or refund because they don't like some almost completely irrelevant aspect of the aesthetics"

I'm afraid that the phone is fault free and fit for purpose, therefore as people have said you'll be relying on the good will of the shop.
____________________
British beauty: Triumph Street Triple R; Loony stroker: KR1S; Track fun: GSXR750 L1; Commuter Missile: GSX-S1000F; Cheap project: CBR900RR FireBlade
Remember kids, bikes aren't like lego. You can't easily take a part from one bike and then fit it to another.

[Neorion]

Ok I am only going on past experiences but I did look up the sales of good act and here is an excerpt

I know I can demand my money back within a "reasonable time" but how long is that?

The law does not specify a precise time as it will vary for most sales contracts as all the factors need to be taken into account to be fair to all sides. The pair of everyday shoes may only have a few days before the period expires but a pair of skis, purchased in a Summer Sale, may be allowed a longer period by a court.

But on reading this then no you cannot simply ask for a refund unless you can say the phone does not do what you want, you may have something to go on here I.E it does not sync to my calendar the call quality is crap etc.

Again down to the shop I guess. I know for example DSG will give you 28 days to return an item faulty or not.
____________________
VFR FI 2000- Shiney Red Thing
"some things man was never meant to know, for everything else there's Google"