"New" phone from O2

shaun_from_Africa

Not really a consumer right issue as I've been refunded in full, so I thought a vent/warning on here might be better.

I visited my local O2 store this morning to purchase a new phone, and when I was given this, the box was sealed with a band of tape.

However, when I got home and unpacked the phone, I saw straight away that the protective film on the screen had been removed and replaced (there were loads of air bubbles under it).
Then once I charged up and turned the phone on, I discovered that there were calls and a text message in the history (from about 2 weeks ago).
I went back to the store and was told that it had probably be returned by a previous customer as unwanted or unsuitable, and the assistant offered to reset the phone to factory settings for me.
I declined this offer for 2 reasons, one was that I had paid for a new phone so that is what I wanted, and it was possible that the phone had been returned due to a fault.

So when buying a "new" phone from O2, remember that it may not be as new as you hoped for.

System

Is that not true at any shop you ever go to? Whenever you buy any product there is a chance its been previously bought and returned. Returns don't just get thrown away, they get refurbished and then sold again (as new)

The problem here is that the person who is meant to restore the phone to a new condition messed up.

missile

AFIK, reputable retailers return them to the manufacturers?

System

I don't think they do. Most reputable retailers will have people responsible to refurbish products to be sold again as new.

It is ridiculous to think a shop will send a product back to the manufacturer just because its been returned under DSR(it would be a waste of everyones time). Only faulty returns will be returned to the manufacturer.

barbiedoll

I returned a faulty phone (for the second time) to O2 and after a verrrrryyy long and protracted argument, I eventually got a refund. When the bad-tempered assistant was entering data into the computerised till to issue the refund, I saw that she entered "phone not suitable for customer" on the screen. I protested that the phone "wasn't suitable" because it was faulty and that it should be logged as such.
I daresay it went straight back on sale, I bet whoever ended up buying it didn't get a refund, I practically had to stage a sit-down protest to get my money back. :mad:

shaun_from_Africa

I realise that shops often resell returns as new, but surely with something such as a phone that may have been used for a week before being returned (O2 offer a 7 day change of mind policy), then irrespective of it being reset to factory settings, I don't see how it can still be classed as, and sold as new.

Personally I can't think of it as anything other than deception, otherwise why attempt to make the phone box look like it had come straight from the factory by putting the manufacturers sealing tape back on it?

Most reputable retailers will have people responsible to refurbish products to be sold again as new.

Surely it can be new or it can be refurbished. I can't see how it could be both.

If they want to sell a refurbished product (and that is exactly what this was), then advertise it as such and at least give potential customers the choice as to whether they want a refurb or not.

O2 (online) recognise the difference, so why shouldn't the shops?
http://www.o2.co.uk/termsandconditions/shop-purchasing-terms/reconditioned-handsets-terms-and-conditions

System

shaun_from_Africa wrote: »

I realise that shops often resell returns as new, but surely with something such as a phone that may have been used for a week before being returned (O2 offer a 7 day change of mind policy), then irrespective of it being reset to factory settings, I don't see how it can still be classed as, and sold as new.

Personally I can't think of it as anything other than deception, otherwise why attempt to make the phone box look like it had come straight from the factory by putting the manufacturers sealing tape back on it?


Surely it can be new or it can be refurbished. I can't see how it could be both.

If they want to sell a refurbished product (and that is exactly what this was), then advertise it as such and at least give potential customers the choice as to whether they want a refurb or not.

O2 (online) recognise the difference, so why shouldn't the shops?
http://www.o2.co.uk/termsandconditions/shop-purchasing-terms/reconditioned-handsets-terms-and-conditions

When a new product is returned to a store it goes to the refurbishment team who then make the product fit for sale again. Its not refurbishment as in a 6 month old TV that is sold as a refurbed item.

It means for instance if a customer returns a new pair of jeans under DSR then the product would be refurbished for sale again e.g. put in a new bag, refolded, have its tags changed, pressed, etc The product is still new it just needs a few touched put to it to allow it to be resold again.

The same with an O2 phone. If a phone gets returned straight away then its still classed as a new phone. It will be restored to factory settings, the screen protector will be put on and it will be placed in a box to be resold. In your case this was not done properly and you have complained which is fair enough. However if the job had been done properly you would have had no idea that the phone had been used by someone else.

Surely you can see its unfair to the shop that you can buy a phone, return it straight away under DSR and then the shop can't resell that item as a new phone? They would lose a fortune!

Your link is for older phones that have been used and reconditioned, thats a different scenario to what I am referring to.

mazza111

His phone had been used though?

Therefore it's a 2nd hand phone?

System

mazza111 wrote: »

His phone had been used though?

Therefore it's a 2nd hand phone?

You turn on a phone its used, you get it out of the box its used.

If you buy a pair of jeans, try them on and then return them, they have been used.

You're kidding yourself if you believe that any retailer when they receive a return back (where there is nothing wrong with the product). Doesn't resell it as a brand new item. The trick is making the item look brand new again. Here they messed up.

mazza111

You pay for a new phone you don't expect it to be used by someone else.

Trying on jeans is a totally different matter, you see what you're buying in the shop.

He bought a sealed phone. I would have expected it to be BRAND new too, after all, that's what I would have paid for.

If you would accept a 2nd hand phone after paying for new then more fool you.

System

So what your saying is if I buy an iPad online. Open it, turn it on and then decide to send it back under DSR. The shop will treat that as a second hand product? You're incredibly naive.

In the OPs situation I would have done exactly the same. The point is most shops skilfully return the product to a brand new condition. This means you have no idea that someone else has already had it.