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Babangida0 Level 1 Level 1 (5 points)
Apart from hopefully Tesco

Hi Guys. I am still hoping for a solution from Apple. Just an update, to try and help you guys in the UK. Tesco Mobile promised me a full refund if I return it within 14 days. However, when I went into the town centre today at County Durham, I popped in a few shops to query returns. Orange Flat out said it's got nothing to do with them and no returns are not available, have to talk with Apple. 02 said buy a bumper and also dont touch the phone with your hands at the bottom, but refused to offer any refund. When I demonstrated the fault in front of their staff she said well don't hold it there, and offered me a bumper from behind the counter. I asked why should i buy a bumper to make something work that should already work. She basically just fobbed me off, and said goodbye. Vodafone said no returns until it is guaranteed to be a faulty product. Carphone warehouse and Phones U said exactly the same. There is no returns policy. Hopefully with Tesco being a Supermarket their returns procedure is a little less Fixed by Apple..I asked each store straight could i return an iPhone that does not work as a phone and they ALL said NO

Message was edited by: Babangida0

iMac Intel i5 Quad Core, Mac OS X (10.6.2)
  • BigDaveS123 Level 1 Level 1 (70 points)
    with every network you have the right to return within 14 days and cancel the contract

    you are also covered under warranty if the device is faulty
  • Babangida0 Level 1 Level 1 (5 points)
    Thanks Big Dave. But thats not what the shops told me today. They refused outright.

    Message was edited by: Babangida0
  • Babangida0 Level 1 Level 1 (5 points)
    Big Dave. Under what circumstances can you cancel the contract within 14 days..
  • Dominic Ramsey Level 1 Level 1 (0 points)
    I'm having exactly the same problem - specifically with Carphone Warehouse and a Vodafone contract.

    I've spoken to the branch manager and their customer services, and both have said that even if the phone is faulty, they cannot and will not give a refund. Under any circumstances. They say this is because I have signed a contract with Vodafone that cannot be cancelled.

    I've now contacted Trading Standards / Consumer Direct. Will see what they say, but frankly it's utterly outrageous that you can't get a refund on a faulty product.
  • musicvan Level 1 Level 1 (140 points)
    The law is clear if the phone is not fit for purpose (as in it does not work as specified, in this case receiving a signal to make calls) then it is faulty, your local trading standards office will help you. Network operators are the top reported companies for trying to get out of their responsibilities.

    If you ordered online, no matter what rubbish the networks tell you, you are covered for seven days cooling off under the Consumer Protection (Distance Selling) Regulations 2000.

    Be firm with the company involved you are the consumer with rights and make sure they deliver, most contracts have 14 days mentioned somewhere, read the small print and act on it.
  • Ian Parkinson Level 6 Level 6 (10,475 points)
    OK, this is simple.

    Under the UK Sale of Goods act it is the retailer of the product who is responsible for any issues.
    Your sales contract for the phone (not the airtime contract) is with the retailer and they must deal with any issue you have, give you a replacement, repair or a refund, they CANNOT tell you to go to the manufacturer. That is the law.

    You should return the device to the store where you bought it and tell them that under the Sale of Goods Act 1979 they are responsible NOT the manufacturer, and there are NO exceptions.

    Here is some more info for you :

    This is the important bit :

    "Your contract is with the trader and not the manufacturer and you should always go back to them to make a claim under the Sale of Goods Act."
  • killhippie Level 3 Level 3 (705 points)
    Car phone warehouse buy there own airtime and can be difficult to negotiate with, they will or used to let you swap to another Network, try and fine out of Orange still run the tariffs in CPW if they do you have the 14 day cooling off period as it used to be that only Orange ran Orange contracts even through other dealers. CPW otherwise will let you change t a different phone but wont let you out of contract as that's their own airtime with lots of small print some saying to cooling off period, they don't give 14 days like main networks as I recall so try swapping network, then terminate from Orange through them under the 14 days, ask Orange if they run the contracts still for the CPW to make sure.
  • MerlinUK Level 1 Level 1 (0 points)
    Yup my friend is a contract Lawyer and she says if a item you purchase is not 'fit for purpose' then you have a right to a full refund.

    I can see this getting nasty :S
  • BigDaveS123 Level 1 Level 1 (70 points)
    The definition of not fit for purpose is only something a court can decide
  • killhippie Level 3 Level 3 (705 points)
    When you by electronic goods you have a amount of time before you are deemed to have accepted them as as something you are happy with, that simple, you can return it if the features do not suit you, if the sound is not as loud etc, depending on what the device is, be it toaster Phone or TV. In the UK from shops that's 21 days generally, mobile contracts are 14 day lock ins but you are allowed a different handset under the trading standards act 1979 amended.
  • Merid Level 1 Level 1 (0 points)
    i can not understand this as i am in the uk and you have a 14 day cooling of period on any contract as its the law in the uk.

    so just take it back and say i am returning it under the 14day cooling period and say your not happy with the service at all and want a refund and the contract canceld if not tell them your going to phone head office and get incontact with the citezens advise
  • BigDaveS123 Level 1 Level 1 (70 points)
    No, you are wrong - read the contract

    14 day cooling off periods are not law ( i was wrong earlier ). A lot of providers have one but aren't law
  • tominlondon1 Level 1 Level 1 (0 points)
    Spot on BigDave. Although I would hasten to add the caveat to this being (as noted above) that those who bought online get a 7-day 'cooling off' period thanks to the EU. Moreover, if the seller voluntarily included a 'cooling off' period (of whatever length) they should be bound by it in contract law.
  • Ian Parkinson Level 6 Level 6 (10,475 points)
    If the goods are faulty then it is the retailer who must deal with the issue.

    Regardless of any contracts for services, etc. It is NOT up to a court to decide if the product is not fit for purpose. If the phone is designed to make phone calls and is does not do so then it is not fit for purpose, that is it.

    It is illegal for a retailer to tell you to go to the manufacturer.

    You will of course still be stuck with the contract as you have no rights in that area.
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