Does a faulty smartphone have to be returned to the manufacturer?

I recently bought a Samsung Galaxy S smartphone at Carphone Warehouse and was told that it had a 12-month warranty.

They told me that if there is a problem in the first month then the retailer said it would replace the smartphone. After this and before the end of the 12-month deadline, it would be sent back to the manufacturer.
John Lattimore

Mr Lattimore wanted to know if the advice he had been given by Carphone Warehouse was correct. It is, but the company is relying only on explaining the protection Mr Lattimore gets through the warranty.

People are often confused between the protection that is offered by a warranty and their protection under consumer law.

A warranty is not statutory law. The retailer or manufacturer is not legally obliged to offer one but, if they do, the terms and conditions are legally binding.

This means that unless a court ruled that the terms and conditions were unfair and had influenced the customer to buy the goods, the retailer or manufacturer can set the rules for what is covered. This also includes deciding how long a warranty would last.

However, if Mr Lattimore chooses to use the Sale of Goods Act 1979 (SoG) and the phone is shown to be faulty within a month, he can request a full refund or a replacement handset.

But there is a point when the retailer is allowed to offer only a repair. Initially the SoG says this is when the buyer has owned the goods for a ‘reasonable’ time – usually about 30 days after purchase.

So Carphone Warehouse is within its rights under statutory law and its warranty at this point to send the phone back to the manufacturer for repair. Outside the 12-month warranty terms, the SoG continues to offer protection.

The customer has up to six years (five in Scotland) in which to apply for redress for inherently faulty goods. But six months after the sale, the customer must prove the fault is inherent. But people need to be realistic about how long a product will last.