Problems with Orange iPhone

Honey_B

Yesterday I signed a 2 year contract with Orange for an iPhone. I'm a brand new Orange customer. When I got the phone home I couldn't get it to work ("Emergency calls only") because the SIM card wasn't recognised so I called Orange. They couldn't help me so I took it into my local Orange shop today. They had a quick look and couldn't see what the problem was, so told me that I had to find an Apple shop and take it there. That really amazed me since I got the phone from Orange but they told me "we don't make the phones" and they didn't have the facilities to test it further. So, my questions:

1. Who's responsible for getting the phone working? Apple or Orange? (If I buy a faulty Sony product from Dixons, I return it to Dixons - why is it different with phones?)
2. Should I have to go and find an Apple shop to ask them to repair or replace it?
3. Given that I've been sold a phone that I haven't been able to use and doesn't work, can I cancel the contract? I'm really unimpressed with Orange so far.

Orrin

1. The retailer who sold you the phone is responsible, not the manufacturer.
2. No. See above.
3. If it's not "fit for purpose" then you have a legal right to return the phone for a refund or a replacement, but you should do so as soon as possible. This may or may not mean you can cancel the contract

If you only purchased it yesterday is it possible that it's just a delay in activating the SIM card? Last time I bought a phone in a shop they opened it up and put the SIM in to check it was all working before I took it away.

Basically if the handset or SIM are faulty then it's down to Orange to sort it out.

Honey_B

Thanks a lot, Orrin. The salesman in the shop inserted the SIM for me and tried to activate it via iTunes but couldn't so told me to do it when I got home. He said that the phone should immediately work, with a temporary number until my old number was transferred from my old company. He (and the shop staff today) didn't mention any delay.

I've just finished trying to sort this out with someone at Orange (who sounded like she was on the other side of the planet) and couldn't really help me. Isn't there a period during which time you can cancel a contract? Orange seems really poor.

Humphrey10

Have you phoned Apple? They might be more use.

Orrin

I don't know if you can cancel the contract, but you should definitely return to the shop and don't leave until they fix it. Maybe iphones are different but I'd have thought it would be simple enough for them to determine if it's a fault with the phone or the SIM by trying another SIM in your phone or your SIM in a different phone. From there they should then either give you a new SIM or a new phone.

As to Orange being poor, I think that can be said of all networks to some degree. It's kind of like banks where they have an unspoken agreement to all be as bad as each other.

tazdevil01985

Honey_B wrote: »

Thanks a lot, Orrin. The salesman in the shop inserted the SIM for me and tried to activate it via iTunes but couldn't so told me to do it when I got home. He said that the phone should immediately work, with a temporary number until my old number was transferred from my old company. He (and the shop staff today) didn't mention any delay.

I've just finished trying to sort this out with someone at Orange (who sounded like she was on the other side of the planet) and couldn't really help me. Isn't there a period during which time you can cancel a contract? Orange seems really poor.

Orange only supply the air time so its down to Apple read your t's and c's

Honey_B

Thanks, all. The local Orange shop apparently didn't have any "live SIM cards" so couldn't do any further investigation. I wasn't given a copy of the T&Cs and my card receipt clearly shows that I bought the phone from Orange. Looks like I'll have to take it back to an Orange shop and ask for them to fix or replace it or the SIM card.

tazdevil01985

Honey_B wrote: »

Thanks, all. The local Orange shop apparently didn't have any "live SIM cards" so couldn't do any further investigation. I wasn't given a copy of the T&Cs and my card receipt clearly shows that I bought the phone from Orange. Looks like I'll have to take it back to an Orange shop and ask for them to fix or replace it or the SIM card.

The T's and C's can be found on Oranges website.
http://www.orange.co.uk/terms/

14.1 States the following :-

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.

Orange should make every effort to remedy the issue especially in the first 28 days. After that all phones have a 6 month Orange Waranty where Orange should replace (this might have changed) After this period its down to the Manufacture
I'll give an example if your TV goes bang and you have a contract with Sky you wouldnt go to sky to fix the fault ?

Sorry used to do this day in and day out !

tazdevil01985

Orrin wrote: »

1. The retailer who sold you the phone is responsible, not the manufacturer.
2. No. See above.
3. If it's not "fit for purpose" then you have a legal right to return the phone for a refund or a replacement, but you should do so as soon as possible. This may or may not mean you can cancel the contract

If you only purchased it yesterday is it possible that it's just a delay in activating the SIM card? Last time I bought a phone in a shop they opened it up and put the SIM in to check it was all working before I took it away.

Basically if the handset or SIM are faulty then it's down to Orange to sort it out.

Orrin I am afraid thats not always corrct with statement No 1 it depends on the terms and conditions with Orange it clearly states that the handset has nothing to do with Orange !

Orrin

tazdevil01985 wrote: »

Orrin I am afraid thats not always corrct with statement No 1 it depends on the terms and conditions with Orange it clearly states that the handset has nothing to do with Orange !

I don't think that Orange's T&Cs can suspend your rights under the Sale of Goods Act.

ruggedtoast

tazdevil01985 wrote: »

Orrin I am afraid thats not always corrct with statement No 1 it depends on the terms and conditions with Orange it clearly states that the handset has nothing to do with Orange !

I'm sorry but this is completely wrong.

Orange can write whatever they like in their contract, but when it conflicts with UK law then UK law wins.

The handset was purchased from Orange, the retailer, therefore the contract of sale is with Orange, the retailer, and it is Orange the retailer who are responsible for honouring their guarantee.

End of.