Orange mis-sold me my phone

jhnstcks

Hi

I re-newed my contract yesterday with orange and got a new phone with it.

I wanted a an Nokia 5800 "comes with music" that offers free music downloads for a year.

The problem being that there are actually 2 versions of this phone one with the free music and one without.

I specifically asked for the free music version but was given the non free version.

I have spoken to Nokia and they have confirmed that the phone is not a "comes with music" phone.

When i went back to the shop, they basically said tough theres nothing you can do now and I was advised by a salesman that the only way to get free music is to download it from Limewire then upload it to my phone.

The shop is refusing to do anything about it, even though they lied to me and mis-sold me the phone. They have even told me that the phone I wanted is dis-continued, even though orange customer services have said that it isnt.

I always thought that there was a cooling off period for mobile phone contracts, maybe i am wrong?

Is there anything I can do to sort this problem out?

Thanks is advance.

John.

reehsetin

there is no cooling off period but in this instance the shop are in the wrong, go back and speak to the store manager outlining the above. If the store manager is no help write to orange head office (when that happens the stores have to respond)
only issue you'll have is your word against theirs that you told them you wanted the comes with music.
Worrying that they told you to go to limewire!!

southernguy_2

Unfortunately there is no cooling off period when buying in person from a shop

7/14 day cooling off period relates to Distance Selling Regulations when buying by phone or on the internet.

SexyBack

jhnstcks wrote: »

When i went back to the shop, they basically said tough theres nothing you can do now and I was advised by a salesman that the only way to get free music is to download it from Limewire then upload it to my phone.

That is shocking they suggested that!:eek: We all know it's illegally downloading!

I think the cooling off period is 14 days?

Tony5101

I think that the only thing that you can do is try going back to the store (again).
There isn't a cooling off period, as you bought the contract in store - a cooling off period only applies to over the phone or online purchases - and only thenif the phone hasn't been used.
The only exception to this is if there is NO signal at your home - and this is notified within the first 7 days of the contract. (I think Orange still operate this policy) This may give you the get-out that you need?

Tony

reehsetin

none of that matters the phone was not as described under the sales of goods act the item should do as promised and it doesn't he asked for the comes with music varient and was given something completely different.
the stores do have a way to cancel the upgrade under the circumstances cos the sales advisor is in the wrong, the only thing is the store will probably take a financial hit for it which is why they may be difficult and you may need to go through head office

Tony5101

Just to add - I was in a CPW with my daughter about a month ago, looking at the 'with music' Nokias. The "with music" element was only for 12 months and not the length of the contract - when asked whether there was some sort of extension that I could do, to cover the contract length, I too got an answer similar to use Limewire - except my was use PirateBay....followed by "after all - nobody actually pays for music downloads do they...."

reehsetin

^with orange it's the duration of the contract i.e. 24 months

jhnstcks

Thanks everyone,
I have already spoken to the manager, and she is taking her salesman's side of the story (wouldnt everyone), so looks like theres not much I can do apart from contact their headoffice and even its still their word against mine.

Jon_01

If it was bought from an Orange store you need to contact the Exec office. They're there to sort these things out.

Orange Executive Office
St James Court
Bristol
BS32 4QJ


Email: [EMAIL="executive.office@orange.co.uk"]executive.office@orange.co.uk[/EMAIL]

Let them know what's happened.include a phone number and someone will get back to you. It can sometimes take a few days as they looking into the issue before they call you.

Good luck...

reehsetin

^can I ask where you got that george street address from, I've seen it on the net before but never seen it internally, it's not on the list of offices, has anyone had any success using that address?
Stores are advised to give out the bristol address for complaints