Mobile phones
What should you do if you find a fault with your mobile, or have a problem with your network service provider? Read on to find out about your rights, and what happens if things go wrong.
If you have bought a mobile phone, it must be of satisfactory quality, fit for its purpose and as described.
When a mobile phone doesn’t meet some or all of these conditions, follow the advice below:
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If you have only had the phone a few weeks or haven’t had a reasonable opportunity to check it, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement.
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If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.
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If you have had the phone longer than a few weeks or have had a reasonable opportunity to check it, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of having somebody else repair the phone.
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If the phone cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the phone.
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If you are out of pocket in any other way, you may be entitled to compensation over and above the price of the phone.
The trader must sort out your problem, not the manufacturer
Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.
When you buy a mobile phone, in order to make or receive calls you will need to be connected to a network. You may do this by having a line rental contract or through buying a voucher which will allow you access to the network. At this point, you will enter into a contract with the Network Service Provider. You have no rights if you simply change your mind.
If the service hasn’t been carried out at all, or totally fails to meet the way it was described, you may be entitled to a refund, compensation or both.
If there is a fault on the network or SIM card, you are probably entitled to compensation.
Important points to bear in mind:
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Read the terms and conditions of your agreement with the Network Service Provider.
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You have no rights if you simply change your mind.
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However, you have seven working days to cancel a contract for goods ordered by telephone, mail order, email or fax, except for those goods which are made to order. See Returning or cancelling orders for more information.
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If you bought on credit, you may be able to claim against the finance company. See Bought on credit? for more information.
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If you choose a contract phone rather than a pre-pay phone, you will be committed to using a certain network, at a certain tariff for a minimum period of time without any legal right to change tariff or cancel,
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You have no rights if you have not used or looked after your phone in line with any instructions.
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Fair wear and tear is not a fault.
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Your rights cannot be taken away by terms and conditions written into a notice, receipt, contract, warranty or guarantee.
If you determine that there is a problem with the phone you have purchased, do the following.
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Check there really is a fault - read any instructions very carefully. Check that the phone is charged and, if you can, check the strength of the signal.
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Be certain that the fault was not caused by misuse, an accident, normal wear and tear or by not following the instructions.
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If you can, collect together all the documents which came with the phone - including any contract, guarantee, instructions, leaflets etc.
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If you have a contract phone, check your terms and conditions. If you have a pre-pay phone, read the terms and conditions booklet supplied with the phone.
If there is a problem, contact the trader straight away and report the problem.
If the fault is with the phone, you should contact the shop where you bought it.
If the fault is with the network or SIM card, you should contact the Network Service Provider.
See Making a complaint for more information.
