HTC desire broken in contract

visidigi

They said the same thing as thats what the contract states!

Your opinion does not change the law as it stands, so despite what you might deem to be vauge, your opinion, is, by current law wrong.

And this is nothing to do with services, this is about a phone problem, which does not affect the service which the network is offering to the end consumer.

grumbler

visidigi wrote: »

They said the same thing as thats what the contract states!

If you mean the TS, they said the airtime contract can be terminated if they fail to repair/replace the handset within a reasonable time.
If you mean Orange reps, the contract cannot override the law.

Your opinion does not change the law as it stands,

What law? The problem here is that there are two laws and it is absolutely unclear which one applies, that results in various opinions.

visidigi

forget it - you were wrong on your first reply, you still are now - if you disagree you disagree - end of discussion from me.

im-lost

You know what they say about opinions.. everybody has one and they all
stink. A handset is not part of the contract, however you try to spin it, its
a 'free' gift to entice you in to taking an airtime contract, and is only covered
by the manufacturers warranty and the SOGA.

But why bother arguing over the sale of goods act, its really a moot point
as the phone can be repaired for free by htc under their extremally generous
warranty terms..

And the services act? you are joking right, as the phone is not part of the contract how
can any part of this be used? the 'service' is still fully functional, the fact that a contract
can be cancelled if a repair isnt carried out withinn x amount of days would help a hell of
a lot if the phone was actually part of the contract.. but alas its not.

Phone the HTC global warranty service on 01279-206906 they will book it in,
send out a courrier to collect it, fix it within about a week and return it.

Done and dusted, no arguing with the network, no going to trading standards
to recieve misinformation, no complaints and no fuss.

Cash-Strapped.T32

I think the last 2 posters have been way too quick to jump all over Grumbler; Hell, until I started reading this forum I was *very much* of the opinion that the phone is entirely part of the contract and inextricably linked - Why would any consumer walking into a shop think differently when handing over their money?
Both the airtime and the phone appear on the advert for any deal.

Only reading this forum has altered my point of view, and so, we have a cast-iron example of one's opinion being changed by what you read/who you talk to.
(and even then, my it's not really my opinion, simply my realisation that we're stuck with the current reality, which is not always the same as what the law *ought* to be)


I also think there was some initial misunderstanding of what gumbs said, which then led to no-one wanting to back down & say "that's a point".

The thrust of his point was that the "law" is too vague in this particular area (and that it's much more defined when it comes to other types of goods & services).

This would then lead to a situation where different people or organisations can have different views of what the same law means.
And if you are reading this thinking "wft, that's obvious why's this idiot bothering to say all this again?", then why jump on him for making the point in the first place?

ruggedtoast

Even Vodafone, who plumb the depths of cruddy customer service, offer you a warranty for the duration of the contract. Looks like Orange wont though.

Try directly with HTC.

Is it not possible to do a factory reset?

HalloweenJack

the phone has a warranty by the manufacturer - use it