Raylo provided non UK phone

sausage1971

Hi, Raylo, if you don't know, are a company providing rental phones and gadgets to the UK. I have leased an iPhone from Raylo on a 36 month contract. I have now discovered that the iPhone is China/Hong Kong spec and doesn't have some of the features of the UK specification such as esim etc. This has caused some issues for me and some expense (having to make other arrangements overseas as lack of esim). The functionality of the phone hasn't been as good as you would expect and I have had numerous sim issues. I have raised this with the company and they have replied that the phones are sourced worldwide and you are not guaranteed a UK specification phone. They have stated that they will not provide me with a UK Spec phone. There is no mention of this in either the contract or on the website. I feel I have been mis-sold and was wondering if I have any recourse. I have had the phone for around 12 months now.

A_Geordie

First of all, you can't be mis-sold unless you entered into the contract relying on something that Raylo said which then turned out to be untrue to your detriment. 

If I look at the Raylo website for an iPhone 16 Pro Max, the product specification states that the phone has dual sim feature including eSIM. You didn't mention the type of iPhone you agreed on a lease but assuming the description says the same, then there could be grounds for misrepresentation and breach of the Consumer Rights Act as the phone is not as described. 

First step I would take is a screenshot of the description confirming the eSIM functionality and also save the URL using the wayback machine as evidence in the future: Wayback Machine

Their argument that you are not guaranteed a UK phone is weak if the phone doesn't match the specs, even if it was buried in the small print sounds like a classic bait and switch tactic to me.

What is your end goal, do you want a replacement or do you want to terminate your lease or something else?

sausage1971

Hi, I have a 14 Pro Max; Apple have confirmed its Chinese specification although Raylo wont admit to it. Ideally I would like a UK Spec replacement but Raylo have stated that they don't have the means to source a UK phone which suggest that they outsource the sourcing process. They have been quite unhelpful to this point and slow to respond. 

voluted

sausage1971 said:

Hi, I have a 14 Pro Max; Apple have confirmed its Chinese specification although Raylo wont admit to it. Ideally I would like a UK Spec replacement but Raylo have stated that they don't have the means to source a UK phone which suggest that they outsource the sourcing process. They have been quite unhelpful to this point and slow to respond. 

If it's a Chinese/HK spec iPhone 14 Pro Max it should be very obvious. This model supports two physical SIM cards.

sausage1971

Its 100% a Chinese/HK spec and has been verified as such by Apple

voluted

sausage1971 said:

Its 100% a Chinese/HK spec and has been verified as such by Apple

Can you fit two physical SIMs in the SIM tray?

sausage1971

Will check but when I attempted to load an esim they was no option to do so. Spoke to Apple helpline and gave them the IMEI number and they conformed it was a Chinese phone

eskbanker

sausage1971 said:

Will check but when I attempted to load an esim they was no option to do so. Spoke to Apple helpline and gave them the IMEI number and they conformed it was a Chinese phone

But did the merchant advertise that the phone had esim functionality?

sausage1971

Not specifically but would you consider it reasonable to assume you were buying a UK spec product from a UK supplier unless stated otherwise? The UK spec has esim functionality 

sausage1971

Yes, you can fit two sims in the tray

eskbanker

sausage1971 said:

Not specifically but would you consider it reasonable to assume you were buying a UK spec product from a UK supplier unless stated otherwise? The UK spec has esim functionality 

But in the context of an assertion of mis-selling, it's not really about whether or not your assumption was reasonable, it's about whether their product complied with how they advertised it.