Mobile phones

If you've bought a mobile phone, it must be:

• of satisfactory quality;
• fit for its purpose; and
• as described.

You can find out more about your rights in the section Introduction to your legal rights.

If there is a problem with the mobile phone

The right to reject

When you buy a phone that is faulty, you'll be entitled to a full refund so long as no more than 30 days have passed starting on the first day after all the below have happened:

• You became the owner of the phone
• It was delivered

You won't be entitled to this if you had a reasonable opportunity to examine the phone when buying it and the fault was so obvious that you should have noticed it or if the seller informed you of the fault before you bought it.

If you request the seller to repair or replace the phone within the 30-day period, then the 30-day time limit will be paused. Once this has been done, you will then have the remainder of the 30-day period or 7 days (depending on which one is longer) to check if the repair or replacement has been successful and decide whether to accept or reject it.

It'll be up to you to prove that there is something wrong with the phone if the seller doesn't accept this.

A refund must be given within 14 days of the seller agreeing that you are entitled to it.

The right to a repair, replacement or refund

If you don't want or aren't entitled to a refund you can request for the phone to be repaired or replaced without being charged for it so long as it won't cause you significant inconvenience.

The seller is entitled to refuse to carry out either of these options if the cost of doing so would be excessive in comparison to the alternative or if it would be impractical.

The item should be repaired or replaced within a reasonable time. A repair should be completed to a satisfactory standard and a replacement should be of satisfactory quality.

In the first 6 months from the date of purchase, when you return the phone to request a repair, replacement or refund, you don't have to prove that it was faulty at the time of sale. There is an assumption that the phone was faulty unless the seller is able to prove otherwise.

Price reduction or refund

You'll be entitled to reject the phone and ask for a price reduction or refund if any of the below apply:

• the repair isn't carried out to a satisfactory standard
• the replacement is of unsatisfactory quality
• the seller refuses to repair or replace the phone because the cost of doing so would be excessive or because it would be impractical
• the repair or replacement was not provided within a reasonable time or caused you significant inconvenience

You'll be entitled to a price reduction or you can reject the phone, depending on whether you choose to keep it. If you choose to keep it, you can claim a reduction in price, which must be an amount appropriate to your circumstances and could be the whole price.

If you reject the phone then you should get a full or partial refund. This will depend on whether the seller will take any use of the item into account.

If the phone has caused additional expense

If you're out of pocket in any other way, you may be entitled to compensation over and above the price of the phone.

If the seller tries to deny their liability

If you're entitled to a refund, replacement, repair or compensation, it's the seller who must sort out your problem. The seller can't tell you to go back to the manufacturer.

If there is a problem with the network service provider

When you buy a mobile phone, you'll need to be connected to a network.

See Telecommunication networks for more information on how to resolve any problems you might have with the network service provider.

Important points to bear in mind

• Read the terms and conditions of your agreement with the seller.
• You have no rights if you simply change your mind (except where you've ordered by telephone, mail order, internet or fax – see Right to cancel a consumer agreement, under Distance selling, for more information.
• If you bought on credit, you may be able to claim against the finance company. See Introduction to your legal rights for more information.
• If you choose a contract phone rather than a pre-pay phone, you'll 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. See Telecommunication networks for more information.
• The rights mentioned above can't be taken away by terms and conditions written into a notice, receipt, contract, warranty or guarantee.