Nokia n97 camera lens/ can i return it to the stor...

hi
i just my nokia n97 a few weeks ago and my camera lens is getting scratched because of the camera cover. i searched the site and many people said its a hardware problem, will care centre be able to fix it, or can i go back to the store where i have bought it on a contract and return it for another fone eg. HTC magic.
thanks alot..kinda disappointed for the defect...
n97.

The lens shutter on a camera is supposed to protect the lens, that why its there. However, in this case the N97, it has a design fault, and as such the shutter is not fit for purpose.
Now, if the shop are unwilling to exchange the device for a device without the flaw demand a refund of your money. If they still refuse to do anything then contact your local trading standards, you will be able to find their address or phone number from the link below.
Its the shops responsiblity to sort this out so don't let them tell you otherwise.
http://www.tradingstandards.gov.uk/advice/consumer-advice.cfm
Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
•  Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
•  Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
•  It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit.
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#
Message Edited by kogg on 07-Oct-2009 08:13 AM

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