When you buy a mobile phone, you have the right to have purchased a phone of satisfactory quality that works as described by the manufacturer. If you purchase a phone that does not meet all of these requirements, what can you do?
What are your Rights?
If your phone is a few weeks old or less, you’ll usually be entitled to a full refund if the phone is faulty, or if it does not live up to the manufacturer’s description. Alternatively you can request a replacement rather than a refund. If the fault is a minor one that can be repaired easily, you may choose this option. Note that if you decide to have the phone repaired, you won’t be excluded from a replacement or refund if the phone is still unsatisfactory.
If you’ve had the phone for more than a few weeks, chances are you’ll still be able to have the phone replaced, and you’ll more than likely be eligible for a repair. If repair or replacement isn’t possible, you’ll be entitled to a refund.
Note that the trader (the place where you bought the phone) is responsible for seeing to the phone’s repair or replacement, not the manufacturer of the phone. The trader must fix these problems – they are not able to pass the responsibility off to the manufacturer.
You and your service provider
If you sign a contract with a network service provider and subsequently receive poor or non-existent service, you may be eligible for a refund and compensation. If the network or your SIM card is at fault, you may be eligible for compensation.
However, there are some important points to keep in mind, as you are not entitled to a refund or compensation in all situations. For example, if you change your mind and decide you don’t want the contract you purchased, you’re not eligible for a refund if you decide to cancel it.
In addition, normal wear and tear does not constitute a fault with the phone you purchase, and you’re not eligible for a refund, replacement or repair on this basis. If you do not use and care for your phone according to the manufacturer’s instructions, you also lose any rights to repair, refund and replacement.
Remember that reading your contract is a must – don’t assume that you’ll never need to know what information it contains. Finally, note that your contract can never take away your rights, regardless of how it is worded.
What to do if you experience any problems
If you do have a problem with your mobile phone, there are a few things you should do to ensure you protect your right to repair, replacement or refund.
First, make sure the fault is not a result of using the phone incorrectly. In other words, make sure that fault actually exists. Next, make sure the fault wasn’t caused by misuse of the phone, normal wear and tear, or an accident.
Collect all the documents you obtained along with the phone, such as instructions, contract and guarantee, and check the terms and conditions of your contract to make sure you understand them.
Finally, contact the retailer that you purchased the phone from to report your problem. If the fault is with the SIM card or the network, contract your service provider. If after contacting the retailer, you are still not satisfied with their response, contact Consumer Direct who can offer free advice regarding your rights and, if necessary, pass your case onto Trading Standards.
