O2 and their 14 day return policy for not fit for purpose iPhone4

JAx

I have been an iPhone 3G user the past 2 years and upgraded to the iPhone 4 on 16th July from my local O2 store

From the initial date it was exhibiting occasional issues where the proximity sensor would not lock the keypad when it was held against my ear making a call (resulting in various combinations of calls muted, speakerphone, on hold, disconnected etc.)

In one phone call I had this proximity sensor issue happen over 12 times and had to resort to using my bluetooth headset to complete the call

I kept the phone past the 14 day point of contract change of mind as there was a vague response from Apple forums & Apple that this proximity sensor issue would be fixed with iOS 4.0.1.

When 4.0.1 was available for update on the phone and installed this did not rectify the problem and I still had to live with frequent random actions by the keypad when making calls on usually 70% of calls

Sadly the release of 4.0.1 occured after the expiry of my 14 day change of mind period.

Eventually I got to the stage where it was such an irritation to the basic fundamental task of making or receiving a phone call that I decided to return my phone and cancel my contract.

On 6/8 I took it back to my local O2 store, despite my protestations the poor salesperson who didnt really grasp what the proximity sensor issue was could only give me a replacement handset. I was flying on holiday that afternoon so didnt have the time to spend in store arguing the point.

Phone calls over that weekend again exhibited the proximty sensor issue.

On returning from my holiday, at the earliest opportunity I could manage work permitting 11/8 returned the second handset .

This sales person would not even listen to the fact that my first 2 handsets did not fix the issue and only issued me with a 3rd handset.

The 3rd handset, I updated to 4.0.2 (in the completely implausible hope that a security fix from apple might fix the proximity sensor) but it too exhibited proximity sensor issues.

Took the phone back to the shop today to basically hand it over in disgust to the O2 store.

This time I got a slight variation on the answer of I could not cancel my contract. I got the answer that I could only revert back to my old contract and renew the duration and use my existing 3G phone (which I hadnt yet sold second hand)

Not particularly satisfied with that so I left the store in disgust

I spent several hours earlier reading various contract questions for mobile tariff - does the Sales Of Good Act 1979 allow me to cancel the contract as the phone is so unquestionably unfit for purpose with me (maybe my ears are a weird shape or something) , and can I do this without O2 shoehorning me into a extension of my old 3G contract?

james

Quicklite

Apple is working on a fix, or so they say - so it will happen, just have to wait.

In the mainwhile all you could do, is to wait. The contract is signed, and with bluetooth it works - the hassle won't be worth it - a price to pay for getting the device early.

Oscar_The_Grouch

Errrr...... So you got the phone on 14 July. The 14 day return expired on 28 July, but you wanted to return the phone under the 14 day return policy on 6 August which happened to be the day you were flying off on holiday. O2 said "here have a replacement handset" and you said "OK".

5 days later, you went back in and O2 said "Here's another one" and you said "OK".

A further 7 days later, you've returned the 3rd handset and complained and they've said "Really sorry. How about we allow you to revert back to your old contract" and you've walked out.

You're a bit of a wally really.

They've done everything they can to help you, including giving you 2 replacements and allowing you to return to your old contract. What more do you want? You were outside of your 14-day return period and they've done as much as they can to be as accommodating as possible, but you say their policy is "not fit for purpose". Get a grip!!! Either keep the iPhone 4 and get on with your contract or strap a pair on, go to the O2 shop, apologise for being a $hithead and take up their offer to go back to your old contract.

Silk

Oscar_The_Grouch wrote: »

or strap a pair on, go to the O2 shop, apologise for being a $hithead and take up their offer to go back to your old contract.

:rotfl::rotfl::rotfl:
Very good

bubblesmoney

if the phone was not fit for the purpose then you have only yourself to blame for not returning it in the allowed time in the vain hope that your issues with the phone would be fixed. these issues are very well documented all over the net, you took a chance that apple would fix the issue after the 14 day period. you chance didnt turn out to plan and you are in the soup. you will face an uphill task trying to return the phone now after more than a month with the phone. best of luck, you will need it. hope some one can give some useful suggestions to see if it will work out for you.

Hotspur

Well, the Supply of Goods and Services Act 1982 would cover this situation if there is an inherent fault with the phone. In that case, assuming the phone can be legally rejected, the contract would also be cancelled.

The lesson to be learnt here is not to wait and see if there is going to be a fix to a problem but reject as soon as it is offered. Now you will find it more difficult to get a resolution.

Consumer Direct 08454 040506 will be able to assist with the legal position if you find you need further assistance.

H

JAx

@Quicklite, Bubbles & Hotspur thank you for the suggestions

@Oscar
Thank you, you made me smile. Which has been a challenge recently on some of my phone calls.

I didn't return it within the 14 days as only 2 calls in that period exhibited the issue and I was hesitant enough to believe that me cradling it a bit further away in my shoulder may have been a slight factor in those. Sadly I just didnt have occasion to make a heavy amount of calls in the first 2 weeks.

When I took the 1st replacement handset I did so very reluctantly as had to depart for a weekend break - otherwise I would have stayed in the store as the assistant showed a bit more inclination to help

On the 2nd replacement handset, the assistant was completely unpersuadable to contemplate any other option (believe me I tried but after 20 minutes I simply lost the will to live)


As to going back to my old tariff
No I couldnt have done it in store - as unfortunately the O2 support helpline that could have authorised this wasn't open at that time of day
I don't really want to get tied into my old tariff for 2 more years
And also get tied into my iphone 3G (which as it has iOS 4 on it generally likes to spend minutes at a time frozen on basic tasks)

I will ponder the options over the next few days and see which is the least horrible & painful one for me to stomach to have some form of usable handset

treetopspider

I have had exactly the same argument with O2 regarding the IP4. They tried it on with me with their 14 day return period. I got onto Consumer Direct straight away and they were really helpful. Firstly, this 14 day return period has nothing to do with consumer law, it's something they have created themselves. secondly, according to Consumer Direct, the phone is not fit for the purpose for which it was intended and being that Apple have now sorted out the problem and the latest batch of phones are problem free, is an acknowledgment of the fault. Thirdly, O2 sending out these phone covers which are meant to cure the problem isnt an answer as this wasnt in the terms of my contract to begin with. I want to be able to use my phone without a covering.
Consumer Direct are really helpful and even offer a template letter which outlines the supply and goods services act 1982.
I'm not going to be pushed into a corner by some corporate giant without a fight. I'm tied to an 18 month contract and have a right to a perfectly working phone.I sent out my letter by recorded delivery yesterday giving them 14 days to either replace or repair, failing to do so will result in my taking it further (with the help of Consumer Direct)
Jax, I'd say try the same route as I'm taking and if enough people complain, then they'll have to accept responsibilty.
I'll keep you posted on my progress.

Gareth.Smyth

Why do people put up with these issues.

Under section 11 m of the Supply of Goods and Services Act 1982, the following remedies are supplied for goods not conforming to the contract, i.e. of unsatisfactory quality! Note that the act says "the transferee may require", in other words you! For the avoidance of doubt any item that proves to be defective, within 6 months of purchase, releives the consumer of the need to prove the defect, that is to say, a defect occuring within 6 months is deemed to have been inherent when purchased i.e. faulty at manufacture.

11NRepair or replacement of the goods

 
(1)If section 11M above applies, the transferee may require the transferor—
(a)to repair the goods, or
(b)to replace the goods.

(2)If the transferee requires the transferor to repair or replace the goods, the transferor must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the transferee;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

(3)The transferee must not require the transferor to repair or, as the case may be, replace the goods if that remedy is—

(a)impossible,
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 11P(1) below.

(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the transferor which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract for the transfer of goods,
(b)the significance of the lack of conformity to the contract for the transfer of goods, and
(c)whether the other remedy could be effected without significant inconvenience to the transferee.

(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.

11PReduction of purchase price or rescission of contract

(1)If section 11M above applies, the transferee may—
(a)require the transferor to reduce the purchase price of the goods in question to the transferee by an appropriate amount, or
(b)rescind the contract with regard to those goods,
if the condition in subsection (2) below is satisfied.

(2)The condition is that—
(a)by virtue of section 11N(3) above the transferee may require neither repair nor replacement of the goods, or
(b)the transferee has required the transferor to repair or replace the goods, but the transferor is in breach of the requirement of section 11N(2)(a) above to do so within a reasonable time and without significant inconvenience to the transferee.

(3)If the transferee rescinds the contract, any reimbursement to the transferee may be reduced to take account of the use he has had of the goods since they were delivered to him.

Silk

Gareth.Smyth wrote: »

Why do people put up with these issues..........................

And the point is ?????

Gareth.Smyth

Silk wrote: »

And the point is ?????

Is it not abundantly clear?