iPhone '4' thread

bertyturbo

I too have doubts as to whether Tesco sold any over the phone. I have told different accounts from telephone staff throughout and some staff have even accused others of lying to me. I have however also been in contact with a lady working for TescoDirect since friday and her version ( she seemed genuine) is quite different. She was told that the problem they were encountering was their system had a security overide to stop multiple sales in the phone shop. This kicked in at £500 which apparently covers the single iphone , with previous phones this had not been a problem. On Friday she was told they might be able to fix it on Monday, meanwhile we all encountered the fiasco on Saturday. She called me today to let me know that they had not got the system running (i.e no phones sold) and it would not happen for a couple of weeks. As i say she seems genuine but I do doubt they had any in stock to sell over the telephone. I have not seen a post as yet saying otherwise.

*Vikki*

jsg2 wrote: »

Plus loads of clubcard points earned.

spike87 wrote: »

I thought Tesco were out of stock and the white one wasn't arriving in the UK until end of July?

Looking forward to the points too:D

Some stores seem to have a batch coming in. I thought that too, so who knows?

robbies_gal

i havent heard anything about the white ones beig released but who knows? i still think most places are lieing when they say they'll have stock this week

gjchester

N20Y1D wrote: »

They can say what they like in their T&Cs they are still governed by the DSR

Correct, but the DSR has opt out clauses, it's not as some people think a blanket return policy on all items.

If you were to buy software you have no rights under the DSR to return it if it's been opened as you could have taken a copy or installed it. (Excempted by section 13 (d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer) It could be argued ( and this is Three's stance) by using the phone you used the software so void your return rights.

You yourself quoted

One of the principles of the distance selling regulations is to give you a chance to examine the goods at home, not having had a chance to do so in the shop.

Thats the point, as JimBMS said if you saw the signal issue in person you had the chance to not buy, you don't get that over the phone or web, you would not know until the contract is concluded.

The DSR IS NOT a trial period, it's so you can examine the goods, NOT use them there is a difference. The idea is for giving consumers special protection in such deals is that the consumer does not have the benefit of meeting face-to-face with the supplier and inspecting the goods or services offered for sale.

As I said it needs clarification but it's not happened so far.

gjchester

jimbms wrote: »

So in reality you can argue that if you had seen the signal problem in person you would not have bought the phone.

Basically yes, but as I said it's not black and white.

DSR may not apply for the continuation of contracts (ie an
upgrade)

DSR may not apply if you have unsealed and used software (and the phone has firmware).

If you recieved the phone and returned it just on the evidence of web reports (and remember all mobiles have timers in them for calls and data useage, and the networks will have the software from apple to read these without having to use the phone and will be able to tell) then Yes you have a case how strong it is is unknown, as it would need a court to decide.

sqa

My nearest Tesco stores with phone departments have said they expect stock in approximately 5 weeks.

secretmsg

http://www.techradar.com/news/phone-and-communications/mobile-phones/apple-set-to-release-firmware-update-to-fix-iphone-4-problems-699444

Signal problems soon to be fixed

mparter

gjchester wrote: »

Basically yes, but as I said it's not black and white.

DSR may not apply for the continuation of contracts (ie an
upgrade)

DSR may not apply if you have unsealed and used software (and the phone has firmware).

If you recieved the phone and returned it just on the evidence of web reports (and remember all mobiles have timers in them for calls and data useage, and the networks will have the software from apple to read these without having to use the phone and will be able to tell) then Yes you have a case how strong it is is unknown, as it would need a court to decide.

I got an iPhone on Orange at the w/end but the signal was non-existant so I'm sending it back under DSR. I believe Orange have a returns policy anyway.

I received another one today and the envelope with the Vodafone sim in it had a sticker on the front stating that if you used the sim then you waived your rights under the DSR. So for me it was a bit of a gamble because I could've potentially had the issue again of having no signal with Vodafone and having given up my rights under DSR.

Thankfully Vodafone is excellent in my area.

robbies_gal

how can you not use the sim though to check its working ok?

marshmalotoast

gabbyevs wrote: »

how can you not use the sim though to check its working ok?

Exactly!
I've been reading this thread with interest for a while now. Having worked in customer service, although not for mobile phones, if we sell a product which is faulty in any way - we must refund whether it has been used or not.

Faulty goods have no time limit for return either.

So as far as I would think - if I took out a contract, and the phone, in use, was not performing as it should, then I would demand and expect a full refund.

Surely consumer rights would kick in here?

For the record I still want an iphone 4, but since tesco had none when I called - I'm going to wait til the next batch come out...hopefully with all those issues fixed.