Cancelling an iphone 4 orange contract?

mabski

Hi all
I've been having problems with my iphone 4 since getting it in june,
the first one i had came and wouldnt switch on at first. It took me two days to finally get it to start ,i should have taken it as a bad omen then really.
After a couple of weeks it had to go back to apple for a replacement as the battery packed up.
Iphone number 2 worked pretty well right up to when the clocks changed a couple of weeks ago when my alarms got messed up and no matter what i did i couldnt get them to go off at the right times.
Then it started to be unable to make calls even through it showed full reception so i phoned orange who said it may be a sim card problem and they sent out a replacement which didnt work but as it didnt re-occure too often i thought i would live with it.
But the final straw is it has now started to switch itself off and go into restore mode any time it likes so im missing calls because people are phoning me and i dont realise that its switched itself off.
I've just phoned apple and they want me to send it back again for another replacement but at the moment i've got no faith that the next phone they send out is going to be any better.
Is there any way i can get out of this contract as i really dont want to have to go without my phone again when the next replacement goes faulty.
I've been with orange for the last couple of years and i have been really happy with them so i'd be more than happy to stay with them but not with the iphone and the iphone contract .
So whats the chances of me cancelling this contract sending them the phone back and then choosing another phone and contract ?
Thanks in advance for any advice

Guys_Dad

While you are waiting for some replies to your question, why not search the forum and you will find that there are others who have been in your position, both with Iphones and other devices.

Apart from the occasional strike against the head, most are stuck with the replacement/repair scenario till the end of their contracts. But, hey, you may get lucky.

[Deleted User]

Well you must of knew full well reception isn't the greatest on the iPhone.

And the alarm clock thing was fixed in an update recently pretty much the same day the problem happened.

You won't get out of contract, you may be better off asking a company like Phones4u to buy you out, then selling your new replacement iPhone (as it will be in brand new condition I assume) to match the rest of it.

mabski

[quote=[Deleted User];38999472]Well you must of knew full well reception isn't the greatest on the iPhone.

And the alarm clock thing was fixed in an update recently pretty much the same day the problem happened.

You won't get out of contract, you may be better off asking a company like Phones4u to buy you out, then selling your new replacement iPhone (as it will be in brand new condition I assume) to match the rest of it.[/QUOTE]

No i didnt know it had reception problems when i got it as i ordered it on the release date so i was one of the first to get one, but the dropping signal problem never really affected me.
The problem im having is that i have full reception, i am able to access mobile internet, send text messages but for some reason my phone will not dial out.
The alarm problem wasnt sorted on my phone for weeks but it was when all the new problems with this iphone started culminating in it switching itself off and going into restore mode at least twice a day.
My question really is how many times would a person be expected to put up with shoddy goods before they would be entitled to cancel their contract and under what part of contractual law would this fall under?

simax

Sounds like a handset fault rather than network as you can use the internet and recieve calls and texts etc.

14.1 in your T+C's states the handset is acquired outside the terms of your contract. In other words, your agreement with Orange is only for airtime (They used to be called Airtime Agreements). The hardware is seperate and Apple are responsible for this.

JJ_Egan

The hardware is seperate and Apple are responsible for this. Not unless you bought from Apple >Sale of Goods Act puts the responsibility on the supplier only . jje

mabski

Whilst i agree that with an ordinary contract, where you get a free phone it is the contract that you are purchasing , i do not believe this to be the case with the iphone as your a buying a contract only available to iphone users and as orange are both the supplier and seller of the handset and the cost of the handset is subsidised by the contract the two ARE linked.
Just because its says differently in the T&C's doesnt mean its right.
i just wonder if its ever been tested in court?

robt_2

Nobody said it was right - but that is the way it is I'm afraid.

mabski

robt wrote: »

Nobody said it was right - but that is the way it is I'm afraid.

Perhaps its time it was tested in court

JJ_Egan

Perhaps its time it was tested in court Use Trading Standards is always my advice when a retailer does not understand the law . jje