iPhone 4 Return - Orange.

Olza23

Evening all,

I need some advice. I am having major problems trying to send back my iPhone 4 to orange. I am having prolems with the 'death of grip'
This is what has happened so far:

Recieved iPhone 12th july.

Contacted Orange 27th July asking about cancelling my contract as Apple have stated that there is a legitimate fault with the phone and can be returned within 30 days. They said, during this phone call, that I would have to buy out my contract, costing me £730+. Said I don't want to do that and just ended the conversation in frustration.

Recieved a phone call on 29th July from a man from Orange, saying he was aware I called the previous tuesday and asked what I wanted to do with my contract. He claimed he had a whole 'spreadsheet' of customers to contact to see whether they would be continuing their contracts. I informed him I would be cancelling the contract due to signal loss, he accepted this, and asked whether I wanted a different handset to replace this. I refused. He accepted this fact. He said he would disconnect this line the next day, this happened. He informed me to contact Apple to get my refund (what I paid for the handset upfront).

I contacted Apple. He took my information from me, and said that he will be E-mailing me with questions I needed to answer to recieve my refund, and information about the handset. I was told that Apple would get in contact with Orange about cancelling my contract. Apple also claimed Orange would contact me about obtaining a Courier service to collect the handset. I E-mailed with all the relevant fields completed.

I phoned today, 07th August, as I have recieved no information since, and was shocked to here what has developed. I explained the above and the operator was just 'frazzled' (no suprise) she said the phone cannot be return as it's out of the 14 day 'cooling off' period. The lady also informed me that there had been a buy out charge applied to my bill (£739+). I again tried to explain my situation but was adamant that this is all she can do.

I phoned again trying to get a different operator. I heard the same story, and I quote;

"When we disconnect a handset we apply a buy out charge to the account, this is the way our system works"

I again, of course, explained again that Apple had admitted that there was a fault with the handset and could recieve a full refund within 30 days. All she could respond with is I have to contact Apple.

But surely I havent bought anything from Apple!? I got my phone through Orange and they are who I am paying.

What should I do? I hate Orange with a passion? Why are they so useless! Can anyone help?

d123

I was under the impression (and a quick google seems to confirm) that Apple announced an extension to the return period to 30 days in the USA for iphone 4's connected on AT&T.

I dont think there was any similar announcement by Apple for the UK, and I can only find a similar announcement made by o2, but not for Orange.
http://www.reghardware.com/2010/07/27/o2_iphone_4_return_policy/

Orange also exclude the handset from the contract you sign, so as long as the sim card is working they will argue that they are supplying what they are contracted to do.

http://www1.orange.co.uk/mobileterms/paym_network_terms_20091126.html

14 Devices
your Device is not a part of your Contract


14.1 Your Device and Accessories are acquired by you outside the terms of your Contract.

DarkConvict

The contract and phone are separate as above. Obviously a contract does in reality subsidise the handset price but this is not stated in the contract. You do have rights under SOGA that the goods be free of defects. As such the Phone is not and should be refund given it cannot be replaced.

The difficulty here is that the service is not related and another phone could take its place. I am actually not sure how this can be resolved, it would be goodwill by orange to allow you to cancel without charge and then reclaim costs via apple. You need to wait and see how it pans out for everyone if they can cancel without penalty. As i doubt you would win against suing orange or apple for lost, as apple is limited to the iphone cost and orange does not tie the contract to the phone!

boliston

I'd check what apple's refund policy is as i suspect they will limit it to the rrp of the ip4 which is £500 or £600 depending on the memory config, which could leave you £130 out of pocket.

gjchester

boliston wrote: »

I'd check what apple's refund policy is as i suspect they will limit it to the rrp of the ip4 which is £500 or £600 depending on the memory config, which could leave you £130 out of pocket.

Apple won't be interested as they didn't supply the phone, they'll tell you to go to Orange who were the retailer.

Apple have announced the return program in the USA, but it's not (AFAIK) been applied to the UK (or anywhere outside the USA for that matter)