Problems with Orange iPhone

tazdevil01985

Orrin wrote: »

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

I know what you are getting at

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

However Orange hasnt sold the phone ! If you read T's and C's 14.1 it clearly states this that "the device is acquired by you outside the contract"

tazdevil01985

ruggedtoast wrote: »

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.

Which part of the UK law would you like to say it conflicts with ? Because it doesnt ! and the part about purchasing the handset from Orange well sorry but you didnt you purchased that yourself. Orange only provides the airtime and NOT the phone

ruggedtoast

tazdevil01985 wrote: »

Which part of the UK law would you like to say it conflicts with ? Because it doesnt ! and the part about purchasing the handset from Orange well sorry but you didnt you purchased that yourself. Orange only provides the airtime and NOT the phone

He purchased the phone from himself did he? Right I didnt realise the act of buying something could become some ethereal concept driven event where the vendor and vendee become one subjective element.

Back to the OP's post. The phone was supplied by Orange, with the contract he / she took out. Whether or not the phone was free, partly subsidised, or provided at full cost makes no difference to Orange's liability under SOGA as the retailer.

tazdevil01985

ruggedtoast wrote: »

He purchased the phone from himself did he? Right I didnt realise the act of buying something could become some ethereal concept driven event where the vendor and vendee become one subjective element.

Back to the OP's post. The phone was supplied by Orange, with the contract he / she took out. Whether or not the phone was free, partly subsidised, or provided at full cost makes no difference to Orange's liability under SOGA as the retailer.

As I stated earlier yes Orange should replace under the SOGA if its faulty within 28 days. Then I believe that they offer 6 months Warenty. I was advising the case after this ran out ! THEN its down to the manufacture !
https://forums.moneysavingexpert.com/discussion/993963

ruggedtoast

tazdevil01985 wrote: »

As I stated earlier yes Orange should replace under the SOGA if its faulty within 28 days. Then I believe that they offer 6 months Warenty. I was advising the case after this ran out ! THEN its down to the manufacture !

No, it isnt. Its completely down to the retailer.

After 6 months the onus falls on the customer to prove that the fault wasnt caused by misuse; prior to six months it is up to the retailer to prove that the fault was caused by misuse.

The manufacturer are not in the contract of sale equation at all. The retailer is their customer however.

We are talking about a phone purchased a day or two ago that has not worked out of the box.

jayme1

you could just demand orange to replace it, but to be honnest if you take it to an apple store they will likely just replace it straight up anyway, certainly be easier going to apple than dealing with any-excuse orange, you will have to make an appointment though, but technically it is only ever oranges responsibility as that's who sold you the phone.

Orrin

tazdevil01985 wrote: »

However Orange hasnt sold the phone ! If you read T's and C's 14.1 it clearly states this that "the device is acquired by you outside the contract"

I think there is some confusion here. When the T&Cs state that "the device is acquired by you outside the contract" it means the airtime contract. It doesn't mean that Orange haven't sold you the phone.

Honey_B

Jayme1: I agree that I'd probably get better service from Apple but if the fault is with the SIM card then they presumably won't be able to help.

tazdevil01985: I think you might have misread my original post - the phone was one day (now two days) old and had never worked.

Guys_Dad

The shop provided the handset and airtime under a composite sale where both items represent the "goods". It is up to the shop to provide a working solution and OP should not have left the shop without them demonstrating the combined items worked.

Having said that, it is down to the shop to prove the goods work otherwise there is not a single doubt under SOGA OP has every right to either a full refund or whichever item (handset or sim) that is faulty is replaced. It is not up to OP to diagnose fault or to seek out an Apple shop.

Take it back, but do read up the Sale of Goods Act as summarised in many articles on the net.

slugger09

I've had a few issues over the years with Orange and iPhones and one thing I have noticed is the distance themselves very much, any issues its passed straight to Apple. If you go to the Genius bar they will replace it straight away however make sure you get a new one not a refurb, refurbs actually look like new phones as they have new cases etc but they are not