Missold a Mobile Phone

Charlie79

Hi,

I upgraded my T-Mobile instore on Saturday. Normally I carry out a lot of research prior to upgrading and upgrade online, the shop visit was just part of that research.

I told the assistant that the main use is as a camera so it needs to be as good as or better than my current sony phone. He convinced me to get a Nokia 5800 which comes with a 3.2MP camera and said it would be as good as my existing phone. It also came on a megadeal tarriff that is £25 instead of £35

I got it home and used the camera to find it is rubbish, about as good as my old 1.3MP. I called the store the next day and explained it wasn't suitable for my needs but they said I had made a choice and they wouldn't change the handset.

I called T-mobile customer services and they said this was rubbish, they can exchange the handset if I am not happy with it. I told her I wanted a sony c905 and she said that isn't a problem but I'd have to change my tarriff as that handset wasn't available on the £25 megadeal, fine by me.

The store have continued to muck me around, saying that tmobile don't know what their policy is and they were waiting for this and that.

Today TMobile have changed their tarriffs and handset costs so all this messing around will cost me money. Where do I stand? Can I ask them to honour March tarriffs?

ssgtsnelly

Store returns poilicies are often different to those of online or phone orders as "distance selling" rules are in place in those cases as you are not able to see what you are buying at the time, but in a store you have the option to play around with the phones before you deceide to buy it. I know 3 dont have an instore return policy just because you changed your mind so from reading your post it seems that TMob are doing the same thing and I im fairly certain they are not legally obliged to offer you an excgange either but im sure someone else will clear that up for you.

Hope you get it sorted though

lawbunny

Sorry to hear you were given incorrect information by CS.

When you purchase through a store you are not given any exchange period (obviously unless the handset is faulty, but even then it will only be exchanged for a handset of the same model). However, the manager of the store may agree to do an exchange as a goodwill gesture, but this would be at his own discretion. Ultimately, there is nothing to say that they MUST exchange it.

baldelectrician

I feel compelled to point out you specifically asked for a phone that had a good camera and you didn't get one.

Not fit for purpose or as described

Try going back in store and demanding a cancellation of contract as the goods were not as described (you asked for a camera as good as or better than your current sony phone). This has not been delivered.

It seems an open and shut case.

sporedude

The whole point of upgrading instore is that you see the product before it is taken away, You could have compared the cameras there and then. T-mobile do not allow returns from the store, Unless a manager agrees too it.

brettcta

i dont mean to harsh, but you asked for a camera as good or better than your 1.3MP camera you already have and you got a 3.2MP

where's the confusion?

Money_Grabber13579

Personally I feel the 5800 has a decent enough camera for a mobile phone, but that's personal opinion. I don't think you were mis-sold anything. If you need a good camera, then you should buy a camera, not a mobile phone that also serves as a camera. Of course it won't be as good as something that is just a camera!

brettcta

good call.

you should have brought your old phone along for comparison

Charlie79

Quick update for you: The store did agree to exchange the handset for the C905 I requested initially, hurrah :T

Just to clear up a few things: My old phone was the K810i that has a 3.2mp camera, not a 1.3mp, (the 1.3mp was about 5 years ago and I used it as a comparison for illustration purposes, sorry for the confusion!) and perfectly meets my camera needs and I have never needed a stand alone camera since I've had the K810i. I asked for something equally as good and although the Nokia has a 3.2mp also it is nowhere near as good as a Sony (something to do with the zoom and lens I have since been informed)

The shop assistant showed me the camera but I realised afterwards he didn't actually take a picture, he just showed me how good it looked in the viewfinder. Yes I realise I was stupid to just take his word for it and should have tried it out myself but I'm too trusting for my own good. I did have my phone with me but didn't really feel the need to do a direct comparison because I fell for the sales guy's patter!

The C905 is a fab phone, I'd definitely recommend it. The camera is simply out of this world.

Thanks for all your help