Faulty mobile phone rights

targaid

I've had problems with my mobile since I took out the contract 2 years ago. The phone had to be replaced within a month and it has since suffered from a series of niggling faults. I have reported them, but Orange's tech help was almost useless and I usually fixed the problems myself with the help of the internet. Indeed, I discovered via the net that the phone is notoriously buggy and all the faults I have are endemic to its OS.

When it recently stopped talking to the bluetooth headset and then became temperamental about ringing I got in touch with Orange's tech 'support' again. When, after dozens of calls being left on hold and unanswered emails, I finally got them all they would do is tell me what they wouldn't do for me because I'd had the phone for a while and offered me no solutions whatsoever.

Surely the cost of the phone must be covered by the usual consumer laws and, since it's within 5 years, I must be entitled to a partial refund of its cost? When I pointed this out the supervisor at Orange told me I was entitled to nothing and that their company policy took priority over any such regulations. He said that if I wanted a refund I had to go to Nokia for it even though I pointed out that it was nothing to do with them as my contract is with Ornage.

I'm just not sure of which regulations to quote and how they apply to the cost of an item that's included with a contract. Any advice greatly appreciated.

visidigi

Check your contract.

You will find you didn't pay for the phone - the phone was given free when you agreed to pay for the services at the rates offered with the phone.

The phone is not part of your contract - it covered by its own warranty if you claim on it, but the inability for the handset to work with your BlueTooth is down to the phone, not down to the network.

Orange provided you with the call/text/data services they agreed to - if the handset is not capable of using them that does not change Orange's responsiblities - its up to you which phone you choose to use on their network.

targaid

After I posted this the site helpfully posted links to an article I'd not found. The mobile is covered under the provision of services section of SAD FART regulations (love that acronym). In addition, the phone wasn't provided free but there was a charge for it. So I have ammunition for when I phone them.

pitkin2020

Its irrelevant if the phone was a paid one or a free one the phone still has to be free from defects etc. The problem your going to have OP is that YOU need to prove the phone has an inherent fault as its over 6 months. The retailer doesn't have to prove anything, so you may need an independent report to confirm that is in fact a fault that was inherent and not through mis use etc.

Orange_Company_Representative

Hi targaid

Our policies and processes clearly do not take priority over regulations such as the Sale of Goods Act, so I am sorry if someone has implied otherwise. In fact, our policies are in line with the Sale of Goods Act.

If your phone is purchased directly from Orange and is diagnosed as faulty within 6 months, we would arrange for the phone to be replaced directly through ourselves. One exception to this would be for any iPhone faults, which would be replaced by Apple in agreement with ourselves.

If the phone is diagnosed as faulty after 6 months from purchase, we would usually direct a customer to the manufacturer who may be able to arrange repair or replacement free of charge if the goods are still under warranty. This advice would be given as it is usually the quickest and cheapest way for a customer to get their phone working again. One exception to this would be for any Blackberry faults, as we have agreed to replace faulty Blackberry handsets within 12 months of purchase from Orange.

Although your phone is not part of your airtime contract with Orange, as other posters have correctly advised, we'd still be happy to help with any issues you have with your phone. As you mention that your phone only recently developed issues when ringing or when connecting by Bluetooth, it would seem that this fault may not have been present when the phone was purchased from us. For this reason, the options available would be limited.

It is possible that we might be able to offer a chargeable replacement under our Emergency Replacement process. I'm not sure if this was offered to you when you last called Orange. This would be an additional option and would vary in price depending on the model of phone.

I hope this information helps!

^Darren_OrangeHelpers

visidigi

Orange_Company_Representative wrote: »

Although your phone is not part of your airtime contract with Orange, as other posters have correctly advised,

Thank you

Flyboy152

Orange_Company_Representative wrote: »

Hi targaid

Our policies and processes clearly do not take priority over regulations such as the Sale of Goods Act, so I am sorry if someone has implied otherwise. In fact, our policies are in line with the Sale of Goods Act.

If your phone is purchased directly from Orange and is diagnosed as faulty within 6 months, we would arrange for the phone to be replaced directly through ourselves. One exception to this would be for any iPhone faults, which would be replaced by Apple in agreement with ourselves.

If the phone is diagnosed as faulty after 6 months from purchase, we would usually direct a customer to the manufacturer who may be able to arrange repair or replacement free of charge if the goods are still under warranty. This advice would be given as it is usually the quickest and cheapest way for a customer to get their phone working again. One exception to this would be for any Blackberry faults, as we have agreed to replace faulty Blackberry handsets within 12 months of purchase from Orange.

Although your phone is not part of your airtime contract with Orange, as other posters have correctly advised, we'd still be happy to help with any issues you have with your phone. As you mention that your phone only recently developed issues when ringing or when connecting by Bluetooth, it would seem that this fault may not have been present when the phone was purchased from us. For this reason, the options available would be limited.

It is possible that we might be able to offer a chargeable replacement under our Emergency Replacement process. I'm not sure if this was offered to you when you last called Orange. This would be an additional option and would vary in price depending on the model of phone.

I hope this information helps!

^Darren_OrangeHelpers

And I should cocoa, seeing as Orange were the retailers, it matters not a jot whether the phone was part of a contract or not, Orange are still responsible and you saying that you will, "help with any issues" is not in your purview to choose. It is the consumer's satutory rights that you take responsibilty, seeing as the contract of sale is between them and you, not with anyone else.

This is not the first time we have heard of Orange trying to fob customers off, with the very same excuse that their terms and conditions supersede consumer protection legislation.

Techhead_2

Flyboy152 wrote: »

And I should cocoa, seeing as Orange were the retailers, it matters not a jot whether the phone was part of a contract or not, Orange are still responsible and you saying that you will, "help with any issues" is not in your purview to choose. It is the consumer's satutory rights that you take responsibilty, seeing as the contract of sale is between them and you, not with anyone else.

This is not the first time we have heard of Orange trying to fob customers off, with the very same excuse that their terms and conditions supersede consumer protection legislation.

Were Orange the retailer?

Guys_Dad

Orange_Company_Representative wrote: »

Hi targaid

Our policies and processes clearly do not take priority over regulations such as the Sale of Goods Act, so I am sorry if someone has implied otherwise. In fact, our policies are in line with the Sale of Goods Act.

If your phone is purchased directly from Orange and is diagnosed as faulty within 6 months, we would arrange for the phone to be replaced directly through ourselves. One exception to this would be for any iPhone faults, which would be replaced by Apple in agreement with ourselves.

If the phone is diagnosed as faulty after 6 months from purchase, we would usually direct a customer to the manufacturer who may be able to arrange repair or replacement free of charge if the goods are still under warranty. This advice would be given as it is usually the quickest and cheapest way for a customer to get their phone working again. One exception to this would be for any Blackberry faults, as we have agreed to replace faulty Blackberry handsets within 12 months of purchase from Orange.


^Darren_OrangeHelpers

Darren - you may be right about referring it to the manufacturer being the quickest solution after 6 months, but under SOGA, although the onus is on the customer to prove any manufacturing fault after 6 months, the rectification in such a case is down to the retailer , not the manufacturer. You can not was your hands of this

If you require any links to substantiate that point, just post to that effect and I will be happy to supply.

Flyboy152

Techhead wrote: »

Were Orange the retailer?

He bought it from Orange, so yes, they were the retailers.

Techhead_2

Flyboy152 wrote: »

He bought it from Orange, so yes, they were the retailers.

The OP says its an Orange contract but (as far as I can see) doesn't mention where they bought it from.

OP, from where did you buy it?