new o2 contract

greggy495

hiya all, i have just got a o2 mobile contract.
i have the new nokia n8 8 weeks, now the screen wont work, it has gone blank.
i have been to the o2 shop and it must be sent to nokia for repair, can i just cancell the contract or do i have to go along with it.
if it was a tv then i would demand my money back.
ps, the phone has not been dropped or mis used. many thanks.

OneADay

contract is for the o2 service, phone is covered under warranty so send it to nokia to check it for what problem - if its damage covered by warranty, they will repair it.

Wintermute

OneADay wrote: »

contract is for the o2 service, phone is covered under warranty so send it to nokia to check it for what problem - if its damage covered by warranty, they will repair it.

Yup, pretty much, O2 will either repair or replace the phone (it's up to them wish).

Just out of interest, why are you wanting to cancel your contract, if it to do with the phone? I've not heard much positive about the N8 although most of that has been to do with the software which Nokia will hopefully fix one day.

Guys_Dad

Wintermute wrote: »

Yup, pretty much, O2 will either repair or replace the phone (it's up to them wish).

.

I have seen this repeated many times on this forum, but is it really the case? By Googling for "Sale of Goods re mobile", a few sites such as http://www.uknetguide.co.uk/Shopping/Article/Your_Consumer_Rights-100164.html suggest that it is up to the consumer whether or not to reject the phone, rather than wait for a repair. Obviously just how long one has had the handset is very important, but if a device fails after a few days, then surely it can be rejected. If you can do it with other electrical items, why not a mobile phone. The attached airtime contract may cloud the issue

Also have a look at this Government web site http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

There is a very telling section on this site. In defining Acceptance

Customers are entitled to reject goods if they are faulty (do not match the description, are not of satisfactory quality, or are not fit for purpose) and receive a full refund if they have not yet accepted the goods.

Before a customer is believed to have accepted the goods they have purchased, the law allows customers a reasonable opportunity to inspect or examine the goods and this should take place within a reasonable time.

For items sold in a shop, it is important for retailers to know that inspecting them in a shop is often not considered a reasonable opportunity. This is due to the restrictions of packaging and in-store display in allowing a customer to identify a problem or a fault..................

...............The law does not give a time limit for acceptance. When trying to decide if a customer has had a reasonable opportunity to inspect their goods, consider what an impartial person in a court would think reasonable for that product in the circumstances.

So is the choice of a refund or repair in the hands of the reseller or the customer?? Maybe we need a test case, but if I had the problem and wanted a full refund, I would fight it rather than be saddled with a duff phone and 24 months of pain.
(Having said that, I go sim-only so the situation is not likely to arise !)

Wintermute

In terms of O2 they'll replace with a handset with a brand new handset via a doorstep swap or allow you cancel your contract free of charge. As far as I'm aware it's always up to the supplier if they repair or replace the phone and they can opt to repair if it's going to work out cheaper than replacing like for like.

I know most networks policies vary when it comes to repair or replacement, although I also know most networks will dish out new handsets before it gets to court as it's cheaper for them.

As the handsets aren't purchased outright and they're provided "free" (everybody knows they're not free) as part of an airtime agreement things might be slightly different.

sabinahine

Wintermute wrote: »

In terms of O2 they'll replace with a handset with a brand new handset via a doorstep swap or allow you cancel your contract free of charge.

I have tried this and no joy! I upgraded and got the new htc hd7 on 31st dec, not managed to test out fully until end of jan when i got back to work. Since then realised that the phone did not work as it should, hence going over their 14 day policy. I sent the phone to the o2 shop and got it back a few days after stating it had been repaired, i was advised that i would get a £10 good will credit for my trouble, 2 days after i had to go back as the phone played up again, i just got the phone back yesterday and discovered, yet, again it's not working as it should. I've spent approx 6 hours dealing with this today, I've been offered a new phone with £20 good will credit. my problem being i've been charged £50 for using a phone that i previously paid £15pm for!!! I also discovered today that the upgrade was not what i had thought. I discussed the upgrade with o2 to be 300 mins, unlimited text and 500mb data with a £5 bolt on for 300 extra minutes, i have discovered today that the actual contract is for 600 mins unlimited text and £5 bolt for 500mb data, so basically while i tried to reduce my bill by removing the £5 bolt on for 300 mins i cant!!!! The reply from o2 - we'll get back you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I have had enough with o2 and am desperate to leave, I've had nothing but trouble and seriously dissatisfied with their service!