I bought a mid-range smartphone from a chain retailer and it stopped charging around eight months later. The shop told me to contact the manufacturer and said their responsibility ended at the counter. The phone was not dropped or wet. Is the retailer really off the hook, or can I insist on a fix or refund from them?
The retailer is not off the hook. Under the Consumer Guarantees Act 1993, goods sold to a consumer must be of acceptable quality, and a phone that stops charging after eight months without misuse is unlikely to meet that standard. The guarantee is enforceable against the seller, so you are entitled to deal with the retailer directly. If the fault is not a substantial failure, the retailer can choose to repair it within a reasonable time. If they refuse or take too long, or if the failure is substantial, you can reject the phone and choose a refund or a replacement. Put your request in writing, describe the fault and refer to the Act. If the retailer still refuses, you can bring a claim in the Disputes Tribunal.
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