Orange replacement phone problem

Guys_Dad

Orange_Company_Representative wrote: »

Hi d123,

I think you may be slightly mistaken on that one. When entering into an agreement with Orange the agreement is for use of the Orange Network. Whilst we give a phone when a new agreement is taken, we are not obliged to replace the phone as our agreement with our customers is specifically for network use. Our Terms and Conditions do confirm this. As has been advised we have offered a replacement phone and on this occasion even an alternative.

Hope this clarifies things.


Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

Rarely do I get as incensed on this forum as I did when I read that post from an Official Orange spokesperson.

Furthermore, I intend to send a copy of that post to your chief executive.

You are, frankly, 100% wrong. You have a legal obligation under Sales of Goods Act to replace or repair a mobile phone that you have supplied, even if it is free, within the first 6 months.

I could supply a number of links to web sites that could help you there, including SOGA, but start with this one
http://docs.google.com/viewer?a=v&q=cache:hkZ_b6nNZE0J:www.adviceguide.org.uk/index/c_mobile_phones.pdf+right+mobile+phone+replacement&hl=en&gl=uk&pid=bl&srcid=ADGEESjnljwtTAP2eaMuB9j3VcrzKi6AktItsFgbzwj3JTcGx9Fn_gacSaltXb7r5uDoD89idy71G7_Iw6qw8lP4mXoAl-o7JiIyhtORSTYgTRg99aBtQ534TT2mxLMMLFGhRvR47SAb&sig=AHIEtbQGfScgixAAw3GnbFzHdS66RXCqUA

In addition, of course, dependant upon plan, some phones cost money on the cheapest plans - Samsung Omnia on Dolphin 20 tariff, for example, costs £199.99.

So that does constitute a sale. Are you saying that you are under no obligation to replace that if it was faulty in the first 6 months? I would love to read your response on that one.

If you are under obligation to do so, then, when one of your customers takes out a plan that has no charge for the phone, where on earth in your company's web site or T&C does it state that if the phone is free, then Orange has the right not to replace it as per your previous post.

May I suggest that you double check your facts with a manager and then come back on here to either confirm your post or make the suitable alterations.

For an official representative, your post is a disgrace.

Orange_Company_Representative

Thanks for the replies.

I confirm the information I have provided is correct. Once the initial 6 month period has passed we are unable to replace the phone without charge, but as I have stated you are still covered by your manufacturers warranty. We advise customers to contact the manufacturer directly to save customers time as it is easier for them to contact the manufacturer directly instead of the phone being sent to Orange for us to forward it to the manufacturer for repair. I can assure you there has been no breach of the Sale of goods act.

I hope this clears a few things up.


Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

Guys_Dad

I confirm the information I have provided is correct. Once the initial 6 month period has passed we are unable to replace the phone without charge, but as I have stated you are still covered by your manufacturers warranty[/B]. We advise customers to contact the manufacturer directly to save customers time as it is easier for them to contact the manufacturer directly instead of the phone being sent to Orange for us to forward it to the manufacturer for repair. I can assure you there has been no breach of the Sale of goods act.

I hope this clears a few things up.


Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

Now you have added a rider that wasn't there before. However, you can't wriggle out of it like that.

1. Read the OP. I quote

"Hi Guys!

Right, in August last year I upgraded my contract with orange and got a nokia e5 on dolphin 25.

The boxed handset was faulty out the box, and was replaced the same day. I then had a faulty handset speaker 2 months later and it was replaced

And in the last 2 weeks Ive had 3 handsets all with the same fault, that they wont connect properly through USB, especially if you try to do a software update.

So Orange "kindly" said they could offer me with an alternative model."

Now I can understand Orange maybe not supplying their reps with a copy of the SOGA, but surely it's not beyond them to supply a calendar???

Your latest post - which rather unsuccessfully tries to move your point away from your previous ones, does not take away the incorrect information you supplied re your obligation to replace faulty mobiles.

You write that after 6 months you are unable to replace the mobiles without charge. OK. Understood and no problem. But irrelevant to this thread.

You then say that you were correct when you wrote previously that

"I think you may be slightly mistaken on that one. When entering into an agreement with Orange the agreement is for use of the Orange Network. Whilst we give a phone when a new agreement is taken, we are not obliged to replace the phone as our agreement with our customers is specifically for network use."

That is where you are totally wrong.

The OP is within their first 6 months in January and it is obvious that their problems and dialogue has been going on for some time.

I don't intend to argue any further on this point. As promised, I have written to your Chief Executive's office, quoting your previous posts verbatim, and await his response to either back you or provide your company's actual policy.

I await the reply..

MissKeith

*waves Guys Dad flag*

Also Orange rep, could you please confirm why you do not offer your iPhone customers a faulty exchange even within the 6 month period you have quoted. I would like to know how your policies fit in with the SOGA as there have been multiple accounts here of you failing your iPhone customers with complete disregard of the law.

MissKeith

No response?

Jon_01

They won't/can't comment on area's of policy. Those things are set by people of a WAY higher pay grade who have nothing to do with CS. . .

d123

Jon_01 wrote: »

They won't/can't comment on area's of policy. Those things are set by people of a WAY higher pay grade who have nothing to do with CS. . .

Then they shouldn't spout nonsense on a public forum that they have no intention of backing up with facts or fail to answer customers who have a legitimate question regarding the (unlawful) policy.

Guys_Dad

d123 wrote: »

Then they shouldn't spout nonsense on a public forum that they have no intention of backing up with facts or fail to answer customers who have a legitimate question regarding the (unlawful) policy.

No email reply so far from their CEO either.

Not letting it go, though. Regulator next, I fear !

Jon_01

Guys_Dad wrote: »

No email reply so far from their CEO either.

Not letting it go, though. Regulator next, I fear !

Have you tried writing to the Exec office in Bristol?

Any mail to the CEO will get redirect there any way. . .

Guys_Dad

Guys_Dad wrote: »

I confirm the information I have provided is correct. Once the initial 6 month period has passed we are unable to replace the phone without charge, but as I have stated you are still covered by your manufacturers warranty[/B]. We advise customers to contact the manufacturer directly to save customers time as it is easier for them to contact the manufacturer directly instead of the phone being sent to Orange for us to forward it to the manufacturer for repair. I can assure you there has been no breach of the Sale of goods act.

I hope this clears a few things up.


Steve, Orange Helpers

Twitter: @OrangeHelpers
Facebook: Orange UK

Now you have added a rider that wasn't there before. However, you can't wriggle out of it like that.

1. Read the OP. I quote

"Hi Guys!

Right, in August last year I upgraded my contract with orange and got a nokia e5 on dolphin 25.

The boxed handset was faulty out the box, and was replaced the same day. I then had a faulty handset speaker 2 months later and it was replaced

And in the last 2 weeks Ive had 3 handsets all with the same fault, that they wont connect properly through USB, especially if you try to do a software update.

So Orange "kindly" said they could offer me with an alternative model."

Now I can understand Orange maybe not supplying their reps with a copy of the SOGA, but surely it's not beyond them to supply a calendar???

Your latest post - which rather unsuccessfully tries to move your point away from your previous ones, does not take away the incorrect information you supplied re your obligation to replace faulty mobiles.

You write that after 6 months you are unable to replace the mobiles without charge. OK. Understood and no problem. But irrelevant to this thread.

You then say that you were correct when you wrote previously that

"I think you may be slightly mistaken on that one. When entering into an agreement with Orange the agreement is for use of the Orange Network. Whilst we give a phone when a new agreement is taken, we are not obliged to replace the phone as our agreement with our customers is specifically for network use."

That is where you are totally wrong.

The OP is within their first 6 months in January and it is obvious that their problems and dialogue has been going on for some time.

I don't intend to argue any further on this point. As promised, I have written to your Chief Executive's office, quoting your previous posts verbatim, and await his response to either back you or provide your company's actual policy.

I await the reply..

Well, at the second attempt, I got a reply from the executive office. If you recall, I took exception at the reply from Steve what stated in red above.

The executive office wrote back today:-

"Thank you for your email dated 11 February 2011.

I confirm that Orange Retail Limited is a separate trading company from
Orange Personal Communication Services Limited, although both companies are part of the Orange group.

As previously advised, if a customer bought their phone from a dealer or Orange Retail, we must refer them to their place of purchase. It is the seller's responsibility to comply with the Sale of Goods Act.

Under the Sale of Goods Act (1979) and subsequent amendments we would replace any mobile phone purchased directly through Orange PCS Limited should a fault develop within the initial 6 months of purchase. After this date, we would assist the customer in obtaining a repair under the manufacturer's warranty."


Not sure which parts are Orange PCS and which are Orange Retail here, and not sure it is relevant.

But , according to Orange executive office, it is under SOGA and not any generous ex-gratia gesture that you are entitled to have a replacement phone during the first 6 months if you handset proves to be a lemon. Orange did say that Iphones were exceptions to the above policy - obvious really as they are Apples, not Lemons. (Ouch !!!) ......:o