Faulty handset, return of goods act

mayday78

On the 3rd March I purchased through phones4u a Samsung S2 with a 2 yr contract with Orange. Too cut a long story short the handset is faulty (which has been admitted by both companies) no one can hear me on it.

I am wanting to return the phone and the contract as the customer service from Orange has been utterly disgusting, Yet Orange are saying I have to pay £500 to do this, and phones4u are only offering me a replacement handset. Am i stuck with this contract with Orange or am i within my rights to return the product and cancel the product?

Buzby

Nope - you have no rights in this regard. And there is no act of the name you specify. Your contracts is for the SIM, not the handset, and is an 'inducement' to enter into the relationship. If the handset fails it will be under its own warranty, with additional protection from the Sale of Goods Act should they not repair or replace (at their option).

As to the handset having a faulty mic - the responsibility is of your vendor (P4U) to get it working, and they have offered to do this - so this would be the route to take.

If you return the handset, the contract would be cancelled, and you billed for any outstanding duration of the minimum term agreed. If you didn;t pay this, you would be defaulted and pursued by DCA's and have your credit file marked accordingly.

NFH

Buzby wrote: »

Your contracts is for the SIM, not the handset, and is an 'inducement' to enter into the relationship. If the handset fails it will be under its own warranty, with additional protection from the Sale of Goods Act should they not repair or replace (at their option).

No, the handset forms part of the contract for supply of the service, because the handset is supplied on condition of buying the service and is marketed for use with the service. The supply of the goods and the service is governed by the Supply of Goods and Services Act 1982, and the OP should claim under Section 11N.

System

NFH wrote: »

No, the handset forms part of the contract for supply of the service, because the handset is supplied on condition of buying the service and is marketed for use with the service. The supply of the goods and the service is governed by the Supply of Goods and Services Act 1982, and the OP should claim under Section 11N.

Which makes absolutely no difference as P4U have already offered to replace the handset as per section 11N. Unfortunately the OP wants to cancel the contract and P4U are only offering him his statutory rights.