what are my rights?

[bobtheduck]

 i had bought to me a mobile phone 6 months ago as a present, it is now not working for some reason through no fault of my own, samsung the makers refuse to fix it saying that they need proof of purchase but as it was a present no reciept was kept, i do have the original box it came in are they allowed to do this? what are my rights?

[stevie21]

If whoever bought the phone can show that payment on their bank or credit card statement then that is sufficient proof of purchase. If it was paid in cash then telling the store the date, rough time and till that was used for the purchase is also sufficient although much less likely.

Without proof of purchase, your rights are near nil.
With it, then it can be assumed that any fault within the first 6 months which are not due to the phone being misused were inherent when the purchase was made and you are entitled to a free repair/replacement.

[Oneeyedvic]

Well actually, you're not entitled to anything - the person who bought it is entitled to repair/replacement.

Is the model something that was available over 12 motnsh ago - if it was a model that has only been available for less than a year, then no further proof is necessary.

As it is a mobile, I would assume that it was registered (when purchased) only 6 months ago - again this should provide sufficient proof.

Rememebr, a store has no obligation to give a receipt - and you only have to prove it was purchased, you don't have to provide a receipt - as Stevie says - credit card statement is sufficient.

[LeMarchand]

The box is not going to be sufficient "proof of purchase". It could easily have "fallen off the back of a lorry".

[Mowbray]

You do not need a receipt for faulty items.

They should give you a refund or replace the item as the mobile phone is not fit for its purpose.

If you get no joy ask your Citizens Advice Bureaux.

[jimmer]

your best bet is to go back to the shop where it was bought from. If your friend has a credit card statement/bank staement take it with you. if it was purchased by cash quote the phone serial number as the shop may keep records electronically. the box may also be useful if it has the bar code on it which was entered into the till when purchased again providing a record of purchase

 

jim