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Mobile phone Contract, wrong phone

browm015
browm015 Posts: 1 Newbie
edited 16 July 2013 at 11:11AM in Mobiles
My sister recently purchased a contract from tesco. She has purchased the iPhone 4. On her contract it states that the phone should be a 16GB but only an 8GB was received. What is the best way to go about sorting this out?

Having sent my dad over their they said that they don't actually do a 16Gb and only do this version (16GB) in the next model up. Is she entitled to that because of the error?

Comments

  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    Go through the main Tesco Customer Services and make a complaint against whichever Tesco subsidiary sold you the contract/phone

    Free call from landline
    0800 505555
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • IanR2012
    IanR2012 Posts: 106 Forumite
    browm015 wrote: »
    My sister recently purchased a contract from tesco. She has purchased the iPhone 4. On her contract it states that the phone should be a 16GB but only an 8GB was received. What is the best way to go about sorting this out?

    Was it advertised as 16Gb? or just an error on the contract printing.

    If it is an "advertising" error then I would expect Tesco to honor the advertised spec, even if that means exchanging for the next model up. Alternatively they should allow her to return the phone and cancel the contract without charge.

    If it just a printing error, then I can't see Tesco's doing much about it.

    I'd deal with it at the same place it was purchased, Tesco's are normally quite reasonable. ie. in-store if that's where it was purchased or via the telephone CS if it was purchased online.
  • Cycrow
    Cycrow Posts: 2,639 Forumite
    i wouldn't say she would be entitled to the next model up, but they may just give it anyways.

    as they said they dont have that model available, then exchanging it wont really be an option, as they cant give what they dont have

    They should allow you to terminate the contract, or Perhaps even get a discount on the current one.
  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    IanR2012 wrote: »
    Was it advertised as 16Gb? or just an error on the contract printing.

    If it is an "advertising" error then I would expect Tesco to honor the advertised spec, even if that means exchanging for the next model up. Alternatively they should allow her to return the phone and cancel the contract without charge.

    If it just a printing error, then I can't see Tesco's doing much about it.

    I'd deal with it at the same place it was purchased, Tesco's are normally quite reasonable. ie. in-store if that's where it was purchased or via the telephone CS if it was purchased online.
    "If it just a printing error, then I can't see Tesco's doing much about it"

    Any printing error on the contract would entitle the consumer to such, its a contract with t&c legally binding on both parties.
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
  • IanR2012
    IanR2012 Posts: 106 Forumite
    diamonds wrote: »
    Any printing error on the contract would entitle the consumer to such, its a contract with t&c legally binding on both parties.

    Without seeing how it is expressed in the contract that's not possible to say.

    The actual T&C's are often generic (in my experience), so wouldn't specify the phone type itself. The specific phone may only be called out as a description on the receipt.

    What matters is what the OP's sister thought she was Purchasing. If the product was advertised as 16Gb and that is what she thought she was Purchasing, then that is what she should have.

    In the unlikely event of Tesco being unreasonable in resolving this, then it's worth getting into exactly what is specified in the T&C's.
  • d123
    d123 Posts: 8,691 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    IanR2012 wrote: »
    Without seeing how it is expressed in the contract that's not possible to say.

    The actual T&C's are often generic (in my experience), so wouldn't specify the phone type itself. The specific phone may only be called out as a description on the receipt.

    What matters is what the OP's sister thought she was Purchasing. If the product was advertised as 16Gb and that is what she thought she was Purchasing, then that is what she should have.

    In the unlikely event of Tesco being unreasonable in resolving this, then it's worth getting into exactly what is specified in the T&C's.

    I would agree, if the consumer thought she was signing up for a 16GB, and only signed on that basis she should be in a strong position to request rectification or termination.

    If all advertising and interaction was about the 8GB, and it is simply after the fact that the receipt was in error, it's less clear cut.
    ====
  • diamonds
    diamonds Posts: 6,048 Forumite
    Debt-free and Proud!
    Receipt ?, T&C ?

    "On her contract it states that the phone should be a 16GB"
    SO... now England its the Scots turn to say dont leave the UK, stay in Europe with us in the UK, dont let the tories fool you like they did us with empty lies... You will be leaving the UK aswell as Europe ;)
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