A d v i c e g u i d e A d v i c e t h a t m a k e s a d i f f e r e n c e
Replacement or repair If you bought the phone on or after 31 March 2003, you can ask the seller to replace or repair it free of charge if it is faulty. If you do this within six months of receiving the phone, it will be assumed that the problem existed when you bought it, unless the seller can show otherwise. However, you can still ask for a replacement or a repair for up to six years from the date that you bought the phone, if it is reasonable for it to have lasted that long. In this case it will be up to you to show that the phone was faulty at the time of sale. The longer you have had the phone, the more difficult it becomes to prove that it was faulty at the time of sale.
it is impossible to replace or repair the phone; or
a replacement or repair would be unreasonably costly for the seller when compared with alternative remedies; or
the seller fails to replace or repair the phone within a reasonable time of having agreed to do so or causes you significant inconvenience; or
the phone has worked for some time before it goes wrong or only one of its functions has gone wrong
you can ask for a partial or full refund. The amount of money you get back may be reduced to take account of any use that you have had out of the phone.
Mis-selling, slamming and sales incentive schemes
A mobile phone company must not mis-sell their products and services. This means they must not leave out or provide false or misleading information, for example, about tariffs, savings or promising offers which do not materialise. Also they must not apply unacceptable pressure for you to enter into a contract, for example, by using intimidating behaviour or refusing to leave until you sign a new contract.
Mobile phone companies must also not use slamming. This means switching you from one provider to another without your knowledge or consent. Slamming may also include passing off, where sales people claim to represent a different company; where you are told you are merely signing up for information rather than entering into a new contract; or forging your signature on a contract without you being aware.
If the mobile phone company uses a sales incentive scheme, this must be fair. A sales incentive scheme is a scheme where you are promised a certain amount of money, goods or products when you take out a mobile phone contract.
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