Mobile phone problems Returning your mobile phone
If any product you buy is of 'unsatisfactory quality' then you have the right to a free replacement or repair.
When buying a new mobile phone you're protected under the Sale of Goods Act and any manufacturer's warranty that comes with your phone.
So it's important to know what your rights and options are if something goes wrong and how to go about getting a replacement.
When you can 'reject' a faulty mobile phone
If you discover a problem with your mobile phone, you need to decide how serious you think the problem is (or if, for example, there are several problems).
If you want to give it back and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'.
But you must act quickly: you have only a limited time - usually only a few weeks - to reject something.
If you don't want to reject the phone (or it's too late to), it's worth simply phoning or visiting the retailer to explain the problem.
Many retailers will offer a replacement, repair or refund, especially if the item is relatively new. But if the retailer doesn't, you have several other options for getting the problem sorted.
See our guide to the best mobile phone retailers.
Using mobile phone guarantees and warranties
Most mobile phones are sold with a manufacturer's guarantee (or warranty), often for a year. Guarantees are a contract between you and the manufacturer and the manufacturer must do whatever it says it will in the guarantee.
Usually this will be to repair or replace a faulty item.
However, a manufacturer's guarantee does not replace your rights under the Sale of Goods Act. It will depend on the product and the fault, but you may well be legally entitled to a free repair or, in some cases, a replacement for something you've bought for some time after the manufacturer's guarantee has expired (see below).
See how all the major mobile phone brands performed in our annual mobile phone reliability and satisfaction survey.
Your right to have a mobile phone repaired or replaced
Under the Sale of Goods Act, if something is not of 'satisfactory quality' you have the right to have it replaced or repaired free. You can ask the retailer to do either, but it can normally choose to do whichever would be cheapest.
If the retailer refuses to repair the goods, you may have the right to arrange for someone else to repair it and then claim compensation from the retailer for the cost of doing this.
If it can neither repair or replace the item, you can either have your money back, minus an amount for the use you have had of it, or keep the item and get a reduction on the price you paid.
You have six years to take a claim to court for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years.
What to do if the manufacturer and retailer refuse to replace your phone
If the retailer or the manufacturer will not help, and you believe you are within the reasonable time for rejecting the item, write to the retailer (not the manufacturer) formally rejecting the product under the Sale of Goods Act.
Tell the retailer that if it does not refund your money, you will start proceedings in the small claims court. If you think you are beyond the limit for rejecting the product, you should ask for a free repair or replacement.
If you get no response from the retailer, or if it has gone bust, and you paid for the item with a credit card, you can take your claim to the card company. You have the same right if you paid with finance that was arranged by the retailer.
If you paid by credit card
Under the Consumer Credit Act 1974, the credit card company is liable along with the trader for any breaches of contract or misrepresentations.
The goods must have cost more than £100 but less than £30,000 and the amount you put on your card mustn't be over £25,000. You get the same protection when the retailer arranges finance for you to pay for an item.
