TL;DR
- The Consumer Rights Act 2015 gives buyers a 30-day right to reject a faulty mobile phone for a full refund from the retailer, independent of any manufacturer warranty.
- For the first six months after purchase, the retailer must prove the fault did not exist at the point of sale — the burden of proof is reversed in the consumer’s favour.
- After six months, the consumer must show the fault was present at the time of sale, but claims remain possible for up to six years in England, Wales, and Northern Ireland.
- A manufacturer’s warranty is an additional commercial promise and does not reduce or replace statutory rights under the Act.
- Remedies include repair, replacement, or a price reduction, and the retailer — not the manufacturer — is the primary party legally responsible.
Statutory rights under the Consumer Rights Act 2015
The Consumer Rights Act 2015 consolidated and updated UK consumer protection law relating to goods, digital content, and services. For physical goods including mobile phones, the Act requires that items be of satisfactory quality, fit for purpose, and as described at the point of sale. “Satisfactory quality” is assessed by reference to what a reasonable person would consider acceptable, taking into account the price, any description given, and the nature of the goods — a premium flagship device is held to a higher standard of finish and durability than a budget handset at a fraction of the price.
These rights are statutory: they arise automatically by operation of law and cannot be contracted away by a retailer. A retailer cannot, for example, make the sale conditional on the buyer waiving their right to a refund in the event of a fault. The Act applies to goods purchased from UK-based retailers by consumers — that is, individuals acting outside a trade or profession. Goods purchased for business use are governed by the Sale of Goods Act 1979 and related legislation, where some protections differ.
The 30-day right to reject
Section 20 of the Consumer Rights Act 2015 provides that where goods do not conform to the contract at the time of delivery, the consumer has a short-term right to reject within 30 days of taking ownership. For a mobile phone, this means that if a fault becomes apparent within the first 30 days — whether a hardware defect, a software issue that prevents normal use, or a quality shortfall — the buyer is entitled to a full refund from the retailer without being required to accept a repair or replacement first. This is a full-price refund including any delivery charges paid.
The 30-day clock runs from the date the goods were delivered, not from the date the fault was discovered. If a handset purchased online arrives on 1 June and a fault becomes apparent on 28 June, the right to reject has expired. This makes early testing of a new device important. It is also worth noting that the 30-day period applies per item: if a consumer purchased a phone and a separately sold accessory in the same transaction, each item’s 30-day window is assessed independently.
The reversed burden of proof: the first six months
Beyond 30 days and up to six months after purchase, the consumer retains the right to a remedy under the Act but must first allow the retailer one opportunity to repair or replace the device. The critical legal feature of this period is the reversed burden of proof: under section 19(14) of the Act, any fault that appears within the first six months is presumed to have existed at the time of delivery unless the retailer can prove otherwise. This is a significant protection because it means the consumer does not need to commission expert reports or technical evidence to establish their claim — the retailer must demonstrate the fault was caused by something that happened after sale.
If the first repair or replacement attempt fails — for example the repaired device develops the same fault again — or if a replacement model also proves defective, the consumer gains the right to a price reduction or a final right to reject (and receive a refund, which may be reduced to reflect use of the device). Retailers cannot charge for the cost of an initial repair or replacement attempt carried out under this statutory obligation.
After six months: the extended limitation period
After the six-month reversed burden period ends, claims under the Consumer Rights Act remain available but the evidential position changes. The consumer must now demonstrate, typically through technical evidence, that the fault was inherent in the device at the point of sale rather than arising from subsequent use or misuse. This can require an independent repair assessment or engineer’s report, which carries a cost.
In England, Wales, and Northern Ireland, the limitation period for bringing a civil claim is six years from the date the cause of action arose (Limitation Act 1980). In Scotland the equivalent period under the Prescription and Limitation (Scotland) Act 1973 is five years. This means a claim relating to a fundamental manufacturing defect discovered four years into ownership is not necessarily time-barred, though the evidential challenge of proving origin-at-sale increases with time. Citizens Advice and the Competition and Markets Authority publish accessible guidance on exercising these rights.
| Time Since Purchase | Available Remedy | Burden of Proof | Who Is Responsible |
|---|---|---|---|
| 0–30 days | Full refund (short-term right to reject) | Retailer must show goods conformed at delivery | Retailer |
| 31 days – 6 months | Repair or replacement (one attempt); then refund or price reduction | Fault presumed present at sale; retailer must disprove | Retailer |
| 6 months – 6 years (England/Wales/NI) | Repair, replacement, price reduction, or refund (reduced for use) | Consumer must prove fault was present at point of sale | Retailer |
| 6 months – 5 years (Scotland) | Repair, replacement, price reduction, or refund (reduced for use) | Consumer must prove fault was present at point of sale | Retailer |
Manufacturer warranty versus statutory rights
A manufacturer’s warranty — typically 12 to 24 months depending on brand and region — is a commercial promise made voluntarily by the manufacturer. It usually covers defects in materials and workmanship but commonly excludes accidental damage, unauthorised modifications, and liquid damage. Crucially, the warranty relationship is with the manufacturer, whereas statutory rights under the Consumer Rights Act 2015 run against the retailer from whom the phone was purchased. This distinction matters because manufacturers can impose conditions, geographic restrictions, or process requirements that statutory rights do not allow retailers to apply.
A manufacturer warranty is not a substitute for statutory rights and does not reduce them. Retailers sometimes attempt to direct consumers to the manufacturer under warranty when a statutory claim against the retailer would be more straightforward — for example, during the reversed burden period. Consumers are entitled to pursue the retailer directly under the Act regardless of whether the manufacturer’s warranty would also apply. Where both routes are available, the statutory route against the retailer often provides faster resolution and does not require shipping the device to an overseas service centre.
What this means in practice
Priya, a graphic designer in Edinburgh, buys a mid-range smartphone from a high-street retailer in January for £450. In April — three months after purchase — the touchscreen becomes partially unresponsive with no physical damage or liquid exposure. She returns to the retailer, who suggests the fault is a software issue caused by an app she installed. Under the Consumer Rights Act, because the fault appears within six months, the burden of proof is reversed: the retailer must demonstrate the fault did not exist at the point of sale. Unable to do so, the retailer is obliged to offer a repair or replacement at no cost to Priya. The retailer replaces the handset with a unit of the same model. Had the fault appeared at month eight instead, Priya would need to obtain an engineer’s report showing the fault was a manufacturing defect — a step that is more effortful but still legally available to her under the Act.
Related Guides
How we verified this
This article is based on the Consumer Rights Act 2015 as published on legislation.gov.uk, the Limitation Act 1980, and the Prescription and Limitation (Scotland) Act 1973. Supplementary guidance was drawn from the Competition and Markets Authority’s consumer rights publications and Citizens Advice’s explainers on faulty goods rights, both of which are publicly available at gov.uk and citizensadvice.org.uk.
Disclaimer: Kaeltripton.com is an independent UK editorial publisher. We are not regulated by Ofcom or the FCA and we do not sell or arrange mobile services, insurance, or financial products. This content is for general information only and is not legal, financial, or technical advice. Rules, prices, and operator policies change. Verify the current position with Ofcom, GOV.UK, the ICO, or your provider before acting. ICO registered ZC135439. Last reviewed: 2026-06-05.
Frequently Asked Questions
What are my rights if my mobile phone is faulty?
Under the Consumer Rights Act 2015, you have a legal right to goods that are of satisfactory quality, fit for purpose, and as described. If your phone is faulty, you can pursue a remedy against the retailer — not just the manufacturer. Within 30 days you can claim a full refund. Between 30 days and six months you are entitled to a repair or replacement, with the retailer carrying the burden of proof. Beyond six months you must show the fault was present at the point of sale.
What is the 30-day right to reject a mobile phone?
The 30-day right to reject under section 20 of the Consumer Rights Act 2015 allows a consumer to return a faulty phone and receive a full refund within 30 days of delivery, without having to accept a repair or replacement instead. The 30-day period begins on the date the device was delivered or taken ownership of, not when the fault was discovered. The right applies against the retailer who sold the phone; the retailer cannot redirect you to the manufacturer during this period.
How long does a mobile phone warranty last?
Manufacturer warranties in the UK typically run for 12 months, though some brands offer 24 months. This is a commercial promise from the manufacturer covering defects in materials and workmanship, and it usually excludes accidental damage and liquid damage. It is separate from your statutory rights under the Consumer Rights Act 2015, which allow claims against the retailer for up to six years in England, Wales, and Northern Ireland regardless of whether any manufacturer warranty remains active.
Is a manufacturer warranty the same as my consumer rights?
No. A manufacturer warranty is a voluntary commercial commitment that can impose conditions, geographic restrictions, and exclusions. Your statutory rights under the Consumer Rights Act 2015 are set by law, apply automatically, and cannot be reduced by any retailer or manufacturer term. The statutory right runs against the retailer from whom you bought the phone. A manufacturer warranty can supplement your rights but cannot replace or diminish them. If a retailer directs you to the manufacturer under warranty during the six-month reversed-burden period, you are entitled to pursue the retailer directly.
Can I claim a refund for a faulty phone after 6 months?
Yes, but the process is more demanding. After six months, the reversed burden of proof ends, meaning you must demonstrate that the fault was present at the time of sale rather than arising from later use or damage. An independent engineer’s report is typically needed. If successful, you can seek repair, replacement, a price reduction, or a final right to reject, with any refund reduced to reflect the period of use. Claims remain possible for up to six years in England, Wales, and Northern Ireland under the Limitation Act 1980.
