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  • BigDaveS123 Level 1 Level 1 (70 points)
    the point is if I say it isn't fit for purpose, the retailer says it is fit for purpose

    only a court can make that decision
  • Foreverseeking Level 1 Level 1 (0 points)
    Actually if he took out the contract with the IPHONE 4 he can cancel it, as there is a 7 or 14 day cooling of period (I'm unsure of which) from when you receive the phone. So you can cancel your contract without any questions (unless it was a roll-over contract) and as for the phone, I'm having a lot of problems with mine too along with incredibly short battery life even on standby only. If i can't solve the problems it will be going back, and they legally will have to refund me as it is a defective product.
  • BigDaveS123 Level 1 Level 1 (70 points)
    Foreverseeking wrote:
    Actually if he took out the contract with the IPHONE 4 he can cancel it, as there is a 7 or 14 day cooling of period (I'm unsure of which) from when you receive the phone. So you can cancel your contract without any questions (unless it was a roll-over contract) and as for the phone, I'm having a lot of problems with mine too along with incredibly short battery life even on standby only. If i can't solve the problems it will be going back, and they legally will have to refund me as it is a defective product.


    that isn't necessarily true - it isn't law and may not be in your contract
    you will need to read it
  • Hawk-Firestorm Level 1 Level 1 (30 points)
    If you purchased using your credit card in the UK you consumer power increases too as they are equally responsible.

    If that was the case get onto your Credit card company/Bank if you can't get anywhere with the retailer.

    I always use my CC for high value purchases regardless if I have the money.
  • Babangida0 Level 1 Level 1 (5 points)
    Guys. Rang Tesco today and they said they would be happy to take it back for a full refund. I explained that I will give it till around 12 days since I had it to see if Apple could magically sort it out. I doubt it though as I think it's a physical thing with the phone. Big Dave please stop jumping on people. You disagree with everyone and are very blunt with people. Give up the keyboard "attitude". Imagine you are sitting face to face with the person you are speaking with, you probably won't be nearly so rude.
  • Babangida0 Level 1 Level 1 (5 points)
    Anyways, back to the topic. Let's hope Apple come up with a magic solution. They have 9 days and counting before mine is returned..I really want it to work...
  • bydandie Level 1 Level 1 (0 points)
    The cooling off period may not be, but the supply of goods to consumers regulations from 2002 which amends the Sale of goods act 1979 clearly states that you have any failure within the first six months shall be determined to have occurred at the point of sale. You also have the Unfair contract terms act 1977 which can negate or add any contract term if it is felt that one party had an unfair advantage.

    I've used both with Vodafone a number of years ago with the screen issues with the Vodafone v1605 (HTC TyTN) where I asked Vodafone to provide a letter on headed corporate paper stating that they did not recognise the regulations above, and my rights provided by them. Funnily enough, I was called back within the hour asking me what I wanted to do!
  • Chezza1 Level 1 Level 1 (0 points)
    Under any new contract you have 14 days cooling off period, you have the right to cancel it if you are not satisfied, but if there are any charges on the account like extra calls etc.. you will have to pay the balance.
  • Chezza1 Level 1 Level 1 (0 points)
    It is in the UK, also anyone bought your contract online or over the phone or even from Apple themselves, there is such a thing as distant selling regulations.
  • Chezza1 Level 1 Level 1 (0 points)
    Thats where your wrong, it must be fit for purpose for the consumer, if the customer does not think so then it is eligible for a full refund, if its faulty then you must go back to the point of sale for a full refund, call trading standards they will tell you the same thing.
  • Chezza1 Level 1 Level 1 (0 points)
    Wrong again dave, if it does not do what it is designed to do then it is clearly faulty, threaten them with sale of goods act 1979 and trading standards.
  • Babangida0 Level 1 Level 1 (5 points)
    Well, waited for an announcement for a fix from Apple patiently but the vibes don't look promising. Appleinsider states Apple chiefs have ordered staff in no circumstances offer a free bumper. It's the least they could do. And they won't do it. I really wanted the iPhone 4 and this has been so disapointing. Tried using phone again this morning and again it dies.. Low signal-Searching-No service. I am not prepared to pay £300 for a dysfunctional phone and £35 a month for NO SERVICE. Its all reset back to factory settings and boxed up and heading back to tesco. Will report back if I have any luck in returning the product today.. Looks like I will be using my tried and trusted samsung clamshell PAYG for a while.
  • goodie10 Level 1 Level 1 (0 points)
    so were do o2 early upgrades figure in returning their iphone4?
    o2 allowed customers to buy out of their existing contracts to upgrade to the iphone 4 wavering their 14 day cooling off period!!!
    if i had known the new iphone was faulty i would never have signed up!!
  • Babangida0 Level 1 Level 1 (5 points)
    Alright mate not sure about 02. Im just getting out while I can. Tesco have been great, offering 14 Days grace, and they acknowledged major problems with the device. I know for sure that orange and vodaphone do not want to know..
  • makan1 Level 1 Level 1 (20 points)
    The apple store told me that i have 2 weeks to return the phone if i don't like it.