Broadband Dongle Dilemma.

davef292

My neice bought an o2 broadband pay as you go dongle from a Phones 4 u store.
When she got it home, she installed it and couldn't get online as there was no broadband signal being received. The o2 website coverage map shows that she should get a signal where she lives, but it is not guaranteed.
She has now decided that she wants to get landline broadband and took the dongle back and was told that she could not get a refund as it was "company policy" that no refunds could be given on these products.

I would have thought that it is not fit for purpose and she should get a refund without a problem.

Could someone please advise me of her rights in this matter.

vyle

It might not actually be faulty, though. She'd need to check to see if it can receive signal anywhere, because if the item is able to receive a signal then it's not faulty at all.

If it's not faulty then they don't have to refund or accept it back at all.

neilmcl

davef292 wrote: »

My neice bought an o2 broadband pay as you go dongle from a Phones 4 u store.
When she got it home, she installed it and couldn't get online as there was no broadband signal being received. The o2 website coverage map shows that she should get a signal where she lives, but it is not guaranteed.
She has now decided that she wants to get landline broadband and took the dongle back and was told that she could not get a refund as it was "company policy" that no refunds could be given on these products.

I would have thought that it is not fit for purpose and she should get a refund without a problem.

Could someone please advise me of her rights in this matter.

I think these say it all. If O2 give a caveat that coverage is not guaranteed then you can hardly complain when she doesn't get the coverage she was hoping for and say the dongle is not fit for purpose. Also it seems that the real reason your niece want's to return is that she now prefers to get landline broadband instead, not really the retailers fault, is it.

davef292

Thanks for your comments.

Just to clarify.

1. Im not saying its faulty, just that she can't get a broadband signal in her house or outside in the garden. She has an o2 mobile phone and has very good signal strangth where she lives. I tried it at my house and couldn't get a signal either but again I have very good mobile phone signal strength where I live.
2. She didnt know there was no guarantee of a broadband signal when she bought it - infact the sales assistant recommended the o2 one as the best one for her for connection and usage costs!
3. She only wants to return it purely because she cant get a signal and is only considering landline broadband because of this. She dosent have a landline at the moment as she lives on her own and wants to keep costs down as we all do!
4. I have read the returns details on the phones 4 u website and it states that you can return a poduct within 7 days if you change your mind and nowhwere on the site does it state different for dongles even in the terms and conditions.
5.She was not informed when she bought it that it couldnt be returned and it does not state this on the receipt - or anywhere else for that matter.

Personally I would have thought that she was within her statutory rights to ask for and get refund in these circumstances.

neilmcl

davef292 wrote: »

4. I have read the returns details on the phones 4 u website and it states that you can return a poduct within 7 days if you change your mind and nowhwere on the site does it state different for dongles even in the terms and conditions.

But did she buy it from the website or the shop? The website states the 7 day return policy because it's conforming with the Distance Selling Regulations, obviously this doesn't apply if your purchase directly from the shop. The retailer is under no obligation to accept a return other than if it's faulty.

Littlemiss27

Are you sure that she couldnt get online due to signal? If she gets signal on her phone I would expect her to get signal on the dongle.

Has she topped up? All o2 pay as you go modems are sold without credit and as such will not work until topped up via o2's website using either a credit or debit card (you can get on the top up site without having credit).

scullster

davef292 wrote: »

She was not informed when she bought it that it couldnt be returned and it does not state this on the receipt - or anywhere else for that matter.

They don't need to - it is not your statutory right to demand a refund or replacement or credit note if it is not faulty. The law states they don't need to.

davef292 wrote: »

Personally I would have thought that she was within her statutory rights to ask for and get refund in these circumstances.

You could be forgiven for thinking or assuming that to be the case, but its clear under the SOGA. If they'd "guaranteed" it would work in the location specified, then you'd have a claim because it would not be fit for intended purpose - the onus is on you. Its no different to buying a freeview TV, onus is with you to confirm reception area.

And under these particular circumstances, they will lose the sale as you won't be buying an alternative broadband product from them. They may lose a sale in the long term due to lack of goodwill on their part but technology retailers are thick skinned, they'll always have something to tempt you back in the future.