Hi there,

First of all I wasn't sure where to put this post exactly, if it is in the wrong place I'm sorry.

Back in January I bought a Nokia N8 from parallel imports at The Base in Hamilton.  About 2 and a half months in (mid March) it started freezing randomly and/or become incredibly slow at responding to anything (about a 7-20+ second delay response time to a single touch/hard button press)

I took it back to the shop (in the midst of it showing the symptoms) and they "repaired" it explaining that they wiped the hardware clean of any info and then reinstalled the newest Symbian ^3 OS onto it. Cool. This fixed it for about 6 hours, then it did exactly the same thing again, so I took it back the next day hoping for a refund.

They insisted on repairing it again, even after i explained it literally JUST came back from their repair people. i did ask for a refund but in the end played their game and let them send it away for repair again.  They have now called me and said that it is ready to be picked up but that their technicians and engineers have not been able to find a fault with it and that they would "flick" it back to me.  

In the 2 weeks that it has been with them they were also not able to offer me a courtesy phone or anything, even though they are a shop that sells phones...fail.  so i inevitably bought a replacement phone, this time going with a cheap android phone and it works brilliantly.  But what i am wondering is if i am within my rights to insist on a refund? or is it up to the discretion of the store whether they give me a store credit or even force me to take back a phone that i know is faulty..

Thanks in advance