14 day return Policy

[Anonymous]

I bought a Samsung Galaxy Mini on Saturday which had to be returned yesterday due to a fault with the model, I was unable to purchase the same phone as the whole batch was faulty. I was talked into exchanging it for a Samsung Wave 525, however when getting it home I realised that it isn't what I want,its Bada rather than Android,doesn't have GPS, and after being advised what 3G is and how to use it,it hasn't got this either. I've phoned the shop this morning explaining this and sayin I want a exchange to be told I already have and that I'm stuck with it. I don't think the replacement should be classed as an exchange as it was a technical fault with the phone and I was quite happy with it and wouldn't have changed it for a different phone had they not had been unable to sell me the same model. Please advise..
If they'd offered me a refund for the faulty phone technically I could of then bought the Samsung Wave and then I would of still had my 14 day exchange so how is this any different?
The closest thing I have found is a HTC Wildfire which I am quite willing to put extra money towards

[jonsie]

Check with O2 customer service but as far as I know, you should be able to return it. Perhaps someone who knows for definite may come along with a more detailed answer.

[perksie]

If you can't resolve this, sell it and put the money towards the phone of your choice.
They seem to have not been fully frank and have sold you a model which is not suitable for the purpose for which you bought it, that's very shabby and the shop should either refund you or replace it with one that is.
If anyone can find the O2 store (not online shop) terms and conditions, perhaps they could post a link as there don't seem to be any on this site.
ps according to the specs this 525 does have GPS but not 3G.

[sheepdog]

The key here would be the faulty batch and if you explained what you wanted a replacement to do. If you said you wanted it for primarily as GPS device and said replacement does that, then they have acted in accordance with the request and yes, it would be classed as an exchange.
If you specified a particular bit of software and they told you it was compatible when it was in fact not, then you have a case. Ditto if you specified you wanted an Android model. If I read that right, if you wanted a 3G phone and they gave you this Samsung, you probably have a case under the Sale of Goods Act as "unfit for purpose". This is usually on the provision you stated this and not decided afterwards. In that case, you have no recourse on the high street. Online, you do have the opportunity to send it back under the Distance Selling Act.
These are my thoughts but I do recommend you look up the SoGA as ammunition before approaching the shop again.

[Anonymous]

If anyone can find the O2 store (not online shop) terms and conditions, perhaps they could post a link as there don't seem to be any on this site.

http://www.legislation.gov.uk/ukpga/1979/54

[Anonymous]

You get 1 change of mind under the policy to a different make and model. If they told you or advertised it as having certain features and it doesn't then you certainly have a case to take it back.