k750i on osps warning

michaels

I ordered online on 25th of May, 8 months free and luckily printed the order confirmation at the end of the transaction as when I get the phone now it says 7 months redemoption - I am now trying to call cs to complain - will keep everyone posted.

There is also itemised billing 1.50 on the invoice which I did not see mentioned before by osps?

michaels

OK - osps state their t&C let them change what you order to whatever else suits them when they are processing the order - and they don't say how long that might take from when you place the order online. They then send out whatever deal they decide to give you and you have to send it back at your own cost if you don't like it.

I would have thought Trading standards might have something to say about whether this is a 'fair' t&C...

So my advice is:
a) order over the phone and get the processing confirmed while you are on the line (substituting recommend a friend vouchers for rpoints and extra £10)

Which still leaves me deciding whether to keep the offer I have (210 cashback) which is obviously currently better than anyhting else available, or send the phone back as a matter of principle over 30 quid - any suggestions?

andy88_2

This is your decision. Obviously offers change from time to time. You need to argue about the point in time when the deal is deemed to have been done - when you did your online process, or when they handled it some time later. I'd go with your point of view.

£1.50 itemised billing is standard on most Vodafone contracts.

bbb_uk

If you're not happy with it you could return it because you bought the phone expecting 8months not 7months (providing you haven't opened the phone - unless the revised offer was sealed inside the phone).

The way the law works is that what they are offering you is just that an offer. The company do not have to honour that offer until such time as a contract of some kind has taken place between you and the company. No contract between you or the company exists until such time as they've accepted your order (not just processing it).

This acceptance of your order can be when you hand over your money (as you would in a shop) and they accept it or if they have withdrawn money from your account or you have received your phone. Only at this point have they accepted the order and have to honour any offers at the time the contract was accepted (not processed).

Eg, it is a common misconception that if you went into Comet and saw an offer on for a TV reduced in price by, say, £100. Therefore the TV with the offer was £250 (normal price £350). If you then tried to buy that TV at the offer price of £250 and they said that offer has ended or they've just forgotten to take the sign down or it's the wrong sign for that TV, etc then you can't make them sell it to you at the price of £250. If on the other hand, they take the money from you and issue a receipt and then someone comes up and says sorry that Tv shouldn't have been sold at that price it was a mistake we need it back and we'll issue you a refund, you are within your rights to say no I'm keeping the TV as its now mine. Comet at this point can't do anything.

Does this make sense?

PinkPig

Hmm, I am very concerned about my order - according to the website it is still "awaiting checking", which means that I would expect to get the current offer, which is the £2.99 for 6 months. However I signed up when it was 7 months free - and I emailed to ask whether I would still get the 7 months free although it had changed and I got a reply saying that yes, I would. I'm not sure what to do really - I don't want to have to spend money on sending it back.... fortunately I have still got the email saying that said I would get the 7 months free.

PinkPig

bbb_uk wrote:

Does this make sense?

It does - but the difference is that, if you don't like the loss of offer or new offer that they've decided to give you, then you either have to accept it, or send it back at your own expense - by special delivery, this would be about £8 or so. If they were willing to refund the return postage then there would be no problem at all.

bbb_uk

PinkPig wrote:

It does - but the difference is that, if you don't like the loss of offer or new offer that they've decided to give you, then you either have to accept it, or send it back at your own expense - by special delivery, this would be about £8 or so. If they were willing to refund the return postage then there would be no problem at all.

Under the distance Selling Regulations 2000, you can return items and the cost of this must be met by the seller unless they have specifically mentioned (possibly on their t&c) that the costs of anything returned is to be met by the customer and not them.

If on the other hand the goods are faulty then they have to pay the for return of the items (or refund you after you have paid for it to be sent back).

bbb_uk

PinkPig wrote:

Hmm, I am very concerned about my order - according to the website it is still "awaiting checking", which means that I would expect to get the current offer, which is the £2.99 for 6 months. However I signed up when it was 7 months free - and I emailed to ask whether I would still get the 7 months free although it had changed and I got a reply saying that yes, I would. I'm not sure what to do really - I don't want to have to spend money on sending it back.... fortunately I have still got the email saying that said I would get the 7 months free.

In this case though as you have an email saying you would get the 7months free and not the £2.99 at 6months even though they've changed the offer then you could be ok but be wary that later on down the line you may have problems getting the 7months free as they'll probably give you the 6months at £2.99 but providing you have kept the email then you should be ok but in this circumstance I'd recommend double-checking with your local trading standards to be sure.

Try and remember that with stuff like this try and get it in writing as if you phone them and then later have problems you have to prove what they said to you over the phone as its just classed as hearsay.

PinkPig

bbb_uk wrote:

Under the distance Selling Regulations 2000, you can return items and the cost of this must be met by the seller unless they have specifically mentioned (possibly on their t&c) that the costs of anything returned is to be met by the customer and not them.

Is that right? I have in the past returned things sealed to companies at my own expense and had no indication that they ought to pay postage. Given that this was through my choice (ie. not faulty) I've always thought that was reasonable - but if I get my phone and I have the £2.99 for sixth months offer I'll certainly be asking them to pay return postage.

edit: People who have got this phone already, does the paperwork included specifically mention which offer it is that you've got? So, when my phone arrives, will I immediately be able to tell which offer I've been given and sort it out?

michaels

Yes - the offer is on the paperwork. I have checked my email confrimation, it does not mention the offer at all but it is dated 16.01 on the 25th. Unfortunately I can't remeber exactly what time I ordered but it was before the offer changed - as I say the 'thanks for your order' page says 8 months.

Whether they are within their rights to claim this was not the transaction point seems to me dubious, especially as they could therefore 'choose' to process orders later when the offer had changed in their favour. I think I will talk to trading standards. It also seems to me a strange way to do business - it is bound to upset your customers.

GeoThermal

bbb_uk wrote:

Eg, it is a common misconception that if you went into Comet and saw an offer on for a TV reduced in price by, say, £100. Therefore the TV with the offer was £250 (normal price £350). If you then tried to buy that TV at the offer price of £250 and they said that offer has ended or they've just forgotten to take the sign down or it's the wrong sign for that TV, etc then you can't make them sell it to you at the price of £250. If on the other hand, they take the money from you and issue a receipt and then someone comes up and says sorry that Tv shouldn't have been sold at that price it was a mistake we need it back and we'll issue you a refund, you are within your rights to say no I'm keeping the TV as its now mine. Comet at this point can't do anything.

Yes but if they sold you a 28" TV and when you opened the package at home you found it to be only 25" then they would have to replace it with the advertised one or refund you. If OSPS do have T&Cs which say they can alter the terms of the contract in such a manner without your consent I would question the validity of the T&Cs. Trading Standards would be able to advise better though.