Phone damaged whilst in EE/Orange's custody - what are my rights?

d123

Rusty! wrote: »

Like for like would not be a brand new sealed phone. It would be a refurbished phone.

Agreed, the OP did not hand in a brand new phone. A refurbished phone would be reasonable, the OP only needs to be put back into the same position they were in prior to handing the phone in (obviously repaired for the warranty fault as well).

diamonds

Rusty! wrote: »

Like for like would not be a brand new sealed phone. It would be a refurbished phone.

Like for like - unopened for repairs or refurbishment = factory sealed.

diamonds

d123 wrote: »

the OP only needs to be put back into the same position they were in prior to handing the phone in (obviously repaired for the warranty fault as well).

Exactly like for like/same position, as unrepaired or un-refurbished unit, a factory sealed and unopened unit (mobile), even taking into consideration the fault - it was a SOFTWARE one, that does not require opening the factory sealed unit so why would OP except their repaired handset or refurbishment as BOTH has had its factory seal broken and the OP's did not when EE took liability for it.

Factory sealed are done so in a protective environment because of the electronics used. Repair centres are nowhere near that protective environment, frankly at the other end of the scale.


Like for like = same spec or better, last opened in a Samsung factory. Liability is exactly that, liability, EE liability is to replace like for like, a brand new handset of same or higher spec if the OP model is no longer available as NEW.

Rusty!

Unless you have one of the specific 'tough' phones, then it really doesn't matter.

They're full of holes (gaps around buttons, speaker grilles, microphones, charging ports, headphone ports) and not sealed at all.

d123

diamonds wrote: »

Exactly like for like/same position, as unrepaired or un-refurbished unit, a factory sealed and unopened unit (mobile), even taking into consideration the fault - it was a SOFTWARE one, that does not require opening the factory sealed unit so why would OP except their repaired handset or refurbishment as BOTH has had its factory seal broken and the OP's did not when EE took liability for it.

Factory sealed are done so in a protective environment because of the electronics used. Repair centres are nowhere near that protective environment, frankly at the other end of the scale.


Like for like = same spec or better, last opened in a Samsung factory. Liability is exactly that, liability, EE liability is to replace like for like, a brand new handset of same or higher spec if the OP model is no longer available as NEW.

I have a bag of straws somewhere if you would like to clutch at a few .

No phone is sealed, (if it was it explode if it was taken up a mountain or in an unpressurised aeroplane with the change in atmospheric pressure).

The customer sent off a used phone, if the used phone is damaged it should either be repaired back to how it was (a crack in the screen can be repaired with a new screen), or replaced with a phone of equivalent age and use or better. In reality most refurbished phones are completely refurbished to a nearly new condition by the manufacturer.

diamonds

A electronic manufacturer seals products in a protective environment, and thats the last time it sees one.

d123

diamonds wrote: »

A electronic manufacturer seals products in a protective environment, and thats the last time it sees one.

Sorry, definitely incorrect, there is no consumer electronic manufacturer that seals their products. They are manufactured and package in a clean environment but definitely not sealed.

The phone is accessible to the environment, the packaging is accessible to the environment. If you think your phone is sealed, try and dunk it in a glass of water and you'll notice quite quickly it is not sealed or airtight in any way (unless you have one of the small number of waterproof models).

diamonds

d123 wrote: »

Sorry, definitely incorrect, there is no consumer electronic manufacturer that seals their products. They are manufactured and package in a clean environment but definitely not sealed.

The phone is accessible to the environment, the packaging is accessible to the environment. If you think your phone is sealed, try and dunk it in a glass of water and you'll notice quite quickly it is not sealed or airtight in any way (unless you have one of the small number of waterproof models).

The legal definition of manufacturer sealed is not to imply any kind of water resistance.

It means a controlled environment build and closed. Sealed as the common english term has nothing to do with electronics manufacturing.

d123

diamonds wrote: »

The legal definition of manufacturer sealed is not to imply any kind of water resistance.

It means a controlled environment build and closed. Sealed as the common english term has nothing to do with electronics manufacturing.

But it's not sealed, the moment it enters a polluted environment, the pollutants are inside the phone. The box might be "sealed" in the way you mean, (a seal is placed on the box), but the phone is not sealed by any interpretation of the word.

Rusty!

There is no legal definition of "manufacturer sealed" you're just making stuff up to try and make your point now.