Advice please

[-IK-]

I have a black HTC Trinity (P3600) bought new from Vodafone in August.

It's now started to exhibit some of the well documented problems of paint peeling and the touch screen going off where the onscreen start button selects itself.

I've just been on the phone to Vodafone customer services who informed me that this 'manufacturer's fault' is not covered by my insurance as the insurance only covers theft and damage (if I was dishonest I would just smash the phone to bits ).

The woman then told me that as a goodwill gesture, they would either give me a refurbished unit (which she said may itself have scratches on it) or have the device sent back to the manufacturer.

Is this right and what can I / should I do?

Thanks.

[-IK-]

Noone has any advice? :(

[PaulusUK]

Are you in the UK?

If so, you are protected by consumer law (Sale of Goods Act etc), and if Vodafone have admitted that it is a manufacturers' fault, then they have a duty to rectify the problem - replacement or refund. There are some time limitations, but generally, insist that vodafone sort it out and don't accept a second hand/used replacement which will be inferior to what you already have (eg with scratches).

Tell them that you are not claiming on your insurance, but claiming under your consumer rights under the "Sale of Goods Act (1979)" and the "Sale and Supply of Goods to Consumers Regulations 2002". Google for more info