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Orange, defective goods and SOGASA1982

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  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Guys_Dad wrote: »
    Walking into the shop, Quoting SOGA, and demanding a replacement headset for one that was 12 months' old wasn't really the best way to get a result. I concede that the overseas CS are a bit of a waste of time as well (from personal experience).

    In hindsight, you should have gone into the shop, explained that the headset had ceased to perform and asked them to send it away for repair.
    I agree with you, and that's what I did, i.e. I asked for a replacement or repair (although the latter would not be cost-effective for Orange). It was only when the guy refused on the basis that the warranty had expired that I got out a copy of the SOGASA (not SOGA) and also explained, to his surprise, that the onus to remedy the defect is on the retailer and not the manufacturer.
  • No harm in you putting it in writing to them and what you would accept to resolve the issue, you never know even though likely to throw it out, you dont know till you write.

    If they then say you have to prove fault, you would have to somehow get them tested pay the cost and if they did indeed find in your favor you would be entitled to cost of fee etc....back.

    Saying that though where a person could access headphone testing I dont know, but unless you send a letter you will get no where any way.
  • Has this post not dragged on a little? I highly doubt an item produced, passing all safety checks at point of manufacture, that then developed a fault 1 year later could be possibly deemed as "faulty" from creation... Especially something as straightforward as a one function hands free kit. Seems like a total waste of time. Even reading this has seemed somewhat tiresome.
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I highly doubt an item produced, passing all safety checks at point of manufacture, that then developed a fault 1 year later could be possibly deemed as "faulty" from creation...
    What's this got to do with safety? And this is a durability defect, which implies that the goods were not manufacured to a sufficient quality standard to last for a reasonable period of time.
    Especially something as straightforward as a one function hands free kit. Seems like a total waste of time.
    Read the title of the thread - it's not only about the hands-free but about Orange's policy with regard to defective goods and their obligations under the Supply of Goods and Services Act 1982.
  • But IMO I would say 6 months is reasonable... Just over a year is exceptional for an apple product. I'm sure others would agree that you have gotten a fair life out of the accessory. There is a large percentage of people out there who replace, at their own cost, their earphones every 4 or 5 months due to day to day use wearing down on the wiring without complaint. A warranty would naturally set a timeframe in which is reasonable for a product to last with average use which is in this case what Orange have followed. I just feel this fight is a lost cause.
  • BRSurvivor
    BRSurvivor Posts: 135 Forumite
    NFH wrote: »
    He said he would e-mail his support people and phone me within 48 hours, but I have since heard nothing.

    Cause they are still laughing about it.
    What's the easiest route to getting Orange to honour its legal obligations?

    Orange believe they have no legal obligation to you, and they would be right. You'd have a hard (probably impossible) time claiming SOGA, SOGASA or whatever else on the iPhone, let alone the headset.

    You'd have been better walking into an Apple Store and having a gentle moan (disappointed rather than angry), and you might have walked out with a free pair.
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    But IMO I would say 6 months is reasonable... Just over a year is exceptional for an apple product. I'm sure others would agree that you have gotten a fair life out of the accessory. There is a large percentage of people out there who replace, at their own cost, their earphones every 4 or 5 months due to day to day use wearing down on the wiring without complaint. A warranty would naturally set a timeframe in which is reasonable for a product to last with average use which is in this case what Orange have followed. I just feel this fight is a lost cause.
    Are you a sockpuppet for Orange, Apple or another affected party? Your small number of posts only to defend Orange is suspicious. You are clearly much less informed than the expert solicitors I have consulted who specialise in consumer law.
    gotten
    Or perhaps you are an American employee of Apple.
  • robt_2
    robt_2 Posts: 3,401 Forumite
    Part of the Furniture Combo Breaker
    Ahhh, the typical MSE traits of someone who knows they are in the wrong - accusing people of working for the company who the complaint is about. Seen it a hundred times before on here.
  • I do not work for Apple, or Orange for that matter. Apologies if I didn't study law at university.... It doesn't seem like you did either. If you had looked at my previous posts I have discussed Vodafone too. I post when a topic is dragged out by a stubborn poster who goes to EXTREME lengths to get their own way even though EVERYONE else is telling them they are wrong.
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Apologies if I didn't study law at university.... It doesn't seem like you did either.
    No, I didn't, but at least I have the common sense to consult a solicitor before posting legal opinions in this thread.
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