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Orange ipad !!!! up.
Comments
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conja21,
UK law says that a customer can reject faulty goods and receive a full refund from the seller (and cancellation of any linked contract) as remedy. Apple and/or Orange cannot change that. If the goods are faulty (and can be rejected in law) then Orange have to legally refund whatever their business arrangement with Apple.
Orange will not cancel the contract.
Quote of Section 14.1 of the Orange Network Services Agreement...
Your handset is not a part of your contract
Your device and any accessories are acquired by you outside of the terms of the Orange contract.
In other words, Orange won't cancel.I spent 25 years in the mobile industry, from 1994 to 2019. Worked for indies as well as the big networks, in their stores also in contact centres. I also hold a degree in telecoms engineering so I like to think I know what I’m talking about 😂0 -
Hi, my whole point was, that if there is no evidence of external damage the unit should be returned to the manufacturer or their agents for professional inspection. If it is a 'genuine' fault then I completely agree with you. However if it is found to have been caused by external damage ( for example a cracked pcb ) why should the manufacturer, the retailer or indeed, in this case , Orange lose out. Surely thats why we have insurance. My earlier reply meant to imply that an inspection was needed to determine if there was customer damage not for Apple to determine a remedy. Either it is faulty is which case I agree with you or it has physical damage and the customer hasn't a leg to stand on.
I agree with you to a point. If the damage was caused by the consumer they have no right to cancel the contract. However where there is no external damage it would be difficult, IMHO, for the seller to prove that the consumer caused it.0 -
The IPad is not a mobile phone, in those circumstances the phone (device) and airtime agreement (contract) are separate. This is because although purchased together the phone is a separate product, often sold at the price of Free (or heavily discounted).
I believe the IPad is different, and they go hand in hand which each other, but do correct me if im wrong, I have never looked into the IPad.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Simax,
Unless you are legally trained and can point me in the direction of some legal precedent I'm not sure why you continue with this view as it has been mentioned in other threads that this is wrong.
Whatever Orange say the handset/iPad is part of the contract in this instance because, without the handset/iPad and airtime pairing the consumer would not have entered into the contract.
Orange's terms and conditions fly in the face of UK law then, when they supply goods (phone/iPad etc.) and associated services (airtime) at the same time and the good turns out to be faulty and can be legally rejected. If they are challenged on this they would lose in court because, in any linked contract for the supply of goods and services, if one part of the contract fails the whole contract is cancelled.
Tell you what, I'll ask our legal team when I'm next in, but I can assure you they are right.
**EDIT**
In fact, you could save me a job. Have a look at http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1837068 and tell me where it states Orange (as the retailer) has to offer a cancellation of contract.
From what I can see, the retailer can offer a repair, replacement or a refund. Orange are obviously offering a replacement at this point, which appears to be SOGA compliant.I spent 25 years in the mobile industry, from 1994 to 2019. Worked for indies as well as the big networks, in their stores also in contact centres. I also hold a degree in telecoms engineering so I like to think I know what I’m talking about 😂0 -
Well Simax as I know this area of law I am confident that in the circumstances described by the OP that they (Orange) will agree with me. I would be interested in their considered response though. As a starting point, refer them to section 35 of the Act of 79 and this less legal guide may help others as well
Read it. They still won't agree to cancellation. The retailer has offered a remedy.I spent 25 years in the mobile industry, from 1994 to 2019. Worked for indies as well as the big networks, in their stores also in contact centres. I also hold a degree in telecoms engineering so I like to think I know what I’m talking about 😂0 -
Read it. They still won't agree to cancellation. The retailer has offered a remedy.
Hmm shows what you know then? Orange has a procedure in place to deal with faulty devices. Within the first 28 days the customer has a legal right to cancel their sales agreement if the product they bought was/is faulty. Now if said sales agreement also encompasses an airtime contract then that must be cancelled also.
To the OP tell the staff in the Orange store or look up the 28 day faulty returns/cancellation procedure on Orange Source it lists everything on there how to return faulty products.
You have a legal right in which to do that, doesn't matter on the device, the company is a joke in the way it handles returns. Orange got into a lot of flak over the summer regarding its returns policy and it was adjusted in which the store manager could assess on a case by case basis. At the end of the day the company can't do snip to do, you got your money back. My advice is to send off a letter to Head Office and get the matter closed fully.
If within the 28 days a product develops a fault you have the legal right to terminate the sales agreement and what ever that accompanies, so them saying you have to pick up the iPad is BS on their part. Call their bluff I would.......exercise your right to cancel as you have done and see where they stand. Those instore know the 28 day faulty cancellation procedure, it displays everything on Orange intranet.....0 -
Read it. They still won't agree to cancellation. The retailer has offered a remedy.
With respect simax you should read it! There has been no acceptance of the good by the buyer i.e. the item has been rejected.
The remedy is in section 48A and it is the buyer who has the right to choose not for the seller to decide. If the buyer wishes to rescind the contract then a refund must be provided.
Q.E.D.0 -
Hmm shows what you know then? Orange has a procedure in place to deal with faulty devices. Within the first 28 days the customer has a legal right to cancel their sales agreement if the product they bought was/is faulty. Now if said sales agreement also encompasses an airtime contract then that must be cancelled also.
Those instore know the 28 day faulty cancellation procedure, it displays everything on Orange intranet.....
Sorry Aye Up, but you are wrong. If you read the policy on the retail intranet (section 5 I think) it clearly states there is no returns on iPads AT ALL. Any other device including iPhones is covered, but not the iPad.
I should know as I argued with a retailer about just such an issue, with me telling them they have to accept back an iPad within 28 days and they referred me to the updated returns policy. I was quite shocked to be fair about it, but they said they wouldn't budge, and the customer was now stuck with a faulty iPad, unless he got it exchanged.
By the way, I am on the OP's side about this, just merely stating Orange's stance on it.I spent 25 years in the mobile industry, from 1994 to 2019. Worked for indies as well as the big networks, in their stores also in contact centres. I also hold a degree in telecoms engineering so I like to think I know what I’m talking about 😂0 -
Sorry Aye Up, but you are wrong. If you read the policy on the retail intranet (section 5 I think) it clearly states there is no returns on iPads AT ALL. Any other device including iPhones is covered, but not the iPad.
I should know as I argued with a retailer about just such an issue, with me telling them they have to accept back an iPad within 28 days and they referred me to the updated returns policy. I was quite shocked to be fair about it, but they said they wouldn't budge, and the customer was now stuck with a faulty iPad, unless he got it exchanged.
By the way, I am on the OP's side about this, just merely stating Orange's stance on it.
The thing is, Orange return policy is overuled by UK law.0 -
Carphone is no better. Can not cancel contracts at all.
avoid Vodafone and Carphone warehouse
A friend of mine’s young son was enticed in signing a Vodafone monthly contract in a Carphone warehouse shop in Norwich
He changed his mind.
Went back to the shop with his mother
But was not allowed to cancel the contract.
Carphone warehouse’s employees said it was Vodafone’s policy
His mother then rang Vodafone: she was told it was not Vodafone’s fault; they could not cancel the contract; it was Carphone warehouse’s policy.
His mother went back to the shop with him but was re-told they can not cancel contract “even if they had come back 10 minutes later” after the signature and repeated it was Vodafone’s policy.
He still lives under his parents’ roof: he did not have any bill or payslip in his name when he contracted with them and was given a Vodafone monthly contract at more than 30 a month for 24 months! he will be in difficulty to pay.
Please, no need to say he just did not have to sign the contract in the first place or read it in full: he walked in the shop for information; he is very young, has no income, no bill in his name and was just tempted by the advertisement with the “free” game console. Why can he not just change his mind?0
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