England UK

"Sparks" <this@is.invalid> wrote in message
news:432545cf$0$38046$bed64819@news.gradwell.net...
>
> "Andy Jeffries" <news@andyjeffries.co.uk> wrote in message
> news:0gbVe.23046$e95.22085@fe08.news.easynews.com...
> > Alex Heney wrote:
> >> SOGA certainly applies to mobile phones.
> >>
> >> But once it is over 6 months old, to have a case against the retailer,
> >> you have to show that the fault was inherent at time of sale.
> >
> > Or have to prove that the item is not reasonably durable (as that is a
> > condition specified in the SOGA) and it should be expected to last
longer
> > than Y months.
> >
> > The 6 months rule in the SOGA is in additional to the normal protections
> > of fitness for purpose, durability, etc.
>
> Does the fact the reconditioned phone was given to be only a few months
ago
> (which as a different fault to my origanal phone) make and differance to
> this 6 month rule, as I have had this "new" phone for less than 6 months?
>
> Sparks...
>
>

one big loophole for retailers and replacing goods under the SOGA,
if you have something replaced, and the replacement becomes faulty, then the
retailer can argue that the replacement is not covered by the SOGA, only the
original product was, as the contract of sale which is bound by the SOGA has
not been transferred to the replacement,

this is why you should always ask the retailer to transfer the contract of
sale to the replacement,

if you bought the phone from a shop, then Orange could possibly argue that
the Ј15 fee is to cover collection as you are not going back to the shop,