Sale of Goods act vs Vodafone

grumbler

eefee wrote: »

The length of the contract at the very least, surely?

Not surely. What you say is correct if you refer to the Supply of the Goods and Services Act, not the Sale of the Goods Act.

The latter is applicable to the handsets supplied with mobile phone contracts without any doubts. IMO it is not 100% clear for the former as mobile providers deny existence of any link between an airtime contract and a supplied handset.

NFH

grumbler wrote: »

IMO it is not 100% clear for the former as mobile providers deny existence of any link between an airtime contract and a supplied handset.

Indeed; they deny the existence to consumers, but would have a hard time convincing a court, given the clear relationship between price of goods and services as well as the simultaneous sale of the two.

grumbler

grumbler wrote: »

...the ombudsman... are incapable of enforcing even their own regulations.

I have to admit that this statement was incorrect. I meant Ofcom that acts as the regulator, not as the ombudsman.
The Ombudsman is Ombudsman Services: Communications

chanz4

are the handsets not free?

grumbler

Firstly, not all handsets are 'free'.
Secondly, the price doesn't matter as you sue the supplier for the market value of a replacement handset.

NFH

chanz4 wrote: »

are the handsets not free?

No, because the supply of the goods is dependent on the purchase of a service. If the supplier claims the handsets are free, it would be breaching Schedule 1 Regulation 20 of the Consumer Protection from Unfair Trading Regulations 2008. The goods are transferred, not sold, for use with the service. When determining the price of the goods for the purposes of Section 4(2A) of the Supply of Goods and Services Act 1982, the price of the service is relevant.

gjchester

NFH wrote: »

No, because the supply of the goods is dependent on the purchase of a service. If the supplier claims the handsets are free, it would be breaching Schedule 1 Regulation 20 of the Consumer Protection from Unfair Trading Regulations 2008. The goods are transferred, not sold, for use with the service. When determining the price of the goods for the purposes of Section 4(2A) of the Supply of Goods and Services Act 1982, the price of the service is relevant.

You often quote this, can you point to any cases where this has been tested in a court?

NFH

gjchester wrote: »

You often quote this, can you point to any cases where this has been tested in a court?

It doesn't need to be tested in court because the legislation is already very clear.

A supplier may not describe a product as ‘gratis’, ‘free’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item. The handset is supplied on condition of buying a service from the supplier. This is fact, and nothing in any T&Cs can override this fact. Because the goods are supplied as part of a service, their supply is governed by the Supply of Goods and Services Act 1982, not the Sale of Goods Act 1979 because there is no distinct sale of goods. If you still don't believe me, ask a consumer laywer. I have done so; clearly you have not.

eefee

falko89 wrote: »

You download the firmware from here for iOS 4.1 3GS http://www.iclarified.com/entry/index.php?enid=750

Hold shift and press restore in itunes and select the firmware, it will load up, when all is complete you will need to load tiny umbrella to kick out of recovery mode, phone will reboot with the connect to iTunes screen and be on iOS 4.1

You could have warned me about this Falko, just tried to restore it back to iOS5 and got this message-

"The iPhone could not be restored. This device isn't eligible for the requested build"

Looked up the error and got this-

Downgrading to a previous version of iOS is not supported. If you have installed software to perform unauthorized modifications to your iOS device, that software may have redirected connections to the update server (gs.apple.com) within the Hosts file. First you must uninstall the unauthorized modification software from the computer, then edit out the "gs.apple.com" redirect from the hosts file, and then restart the computer for the host file changes to take affect. For steps to edit the Hosts file and allow iTunes to communicate with the update server, see iTunes: Troubleshooting iTunes Store on your computer, iPhone, iPad, or iPod—follow steps under the heading Blocked by configuration (Mac OS X / Windows) > Rebuild network information > The hosts file may also be blocking the iTunes Store. If you do not uninstall the unauthorized modification software prior to editing the hosts file, that software may automatically modify the hosts file again on restart. Also, using an older or modified .ipsw file can cause this issue. Try moving the current .ipsw file, or try restoring in a new user to ensure that iTunes downloads a new .ipsw.

A warning would have been nice. Thanks a lot

Notmyrealname

NFH wrote: »

Vodafone is liable for the reasonable cost of the report if it finds in the OP's favour.

I, like every engineer who do these reports don't care. The OP would be the one who pays the bill. How they get reimbursed is their problem.