02 refusing to replace iphone?

narwog81

guys just want your opinion on my experience last week in an 02 shop in dublin.

Last Tuesday I purchased an 8gb iphone 3GS for €59, changing from meteor billpay to O2 in the process while keeping my number.

I was told the changeover would take 2 hours to process. When i put my new SIM card into the phone that night however the iphone would not read the SIM. I tried the SIM in another phone and it worked fine so obviously the problem was with the phone, not the card.

On Thursday i returned to the shop and explained the problem, expecting to simply be given a new iphone as the original one was clearly faulty. The guy in the shop tested it and then informed me that it would require to be sent away for repair and he would provide me with a phone on loan while my one was being repaired!

Obviously i objected to this but there was no budge so now my brand new iphone is away being repaired and i have a nokia on loan from 02.

Am i wrong in thinking im entitled to a replacement, not a repair!?

thanks in advance.

Random

thread moved to consumer issues. i think it belongs here.

tricky D

Refund, repair or replacement - by law it's their choice.

Ghandee

Random wrote: »

thread moved to consumer issues. i think it belongs here.

Im no expert on this, but I do BELIEVE that O2 should have offered you a 31 day no quibble refund or exchange on this!
I know that you have a similar time to bring back a new phone your not happy with.

Could be wrong, but I think O2 are chancing their arms here!

Do an Eddie Hobbs on them!

MagicMarker

That's pretty shocking really. I understand the repair/replace/refund policy, but if the phone never worked then it should be replaced straight away.

If I buy a tv, get home and find it doesn't work, then I would be mightily pissed off if they said they'd have to send it for repair instead.

jor el

tricky D wrote: »

Refund, repair or replacement - by law it's their choice.

No it isn't, they must offer one, but no one really gets to chose.

A phone you only just bought should not need to be repaired immediately upon purchase, which makes this phone not fit for purpose. As such, you have a strong case for requesting either a replacement or a refund. In this case, a repair is not a reasonable offer, since the product was defective at purchase.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/
http://www.nca.ie/eng/Business_Zone/Guides/Full%20List/Sale%20of%20Goods.html

tricky D

Interesting, thought it was actually specified. Nevertheless, their policy on their website is to send for repair. I don't imagine them budging from that. Hopefully the OP will get lucky and they do the honourable thing.

dudara

Technically, they're not doing anything wrong. However, I would consider that very poor customer service considering the phone is brand new.

Solair

There is definitely a cooling off period in the O2 bill pay contracts. You have 7 days to return the phone and cancel the contract.


http://www.o2online.ie/wps/wcm/connect/O2/About+O2/Terms+and+Conditions/Pay+Monthly/

11. IMPORTANT - YOUR RIGHT TO CHANGE YOUR MIND

In addition to any other rights you have, and subject to Section 12.3 below, you may cancel this Agreement without liability for the remaining monthly Charges and, if you are signed up to an O2 Pay Monthly Price Plan, return your Mobile Phone for a full refund within 7 days from the date of purchase of your Mobile Phone (the "Change of Mind Period"), provided that you have not activated and used your Mobile Phone during this period. To do this you must return your Mobile Phone, undamaged, with proof of purchase, in the original packaging and complete with all the original parts, within the Change of Mind Period to the applicable O2 retail store or approved dealer that you have purchased your Mobile Phone from. If you have purchased your Mobile Phone online, then your Mobile Phone must be returned in compliance with our returns and repairs policy at www.o2.ie If you are an O2 SIM Only Customer you must notify us in writing that you wish to cancel the Agreement. YOU AGREE THAT IF YOU USE THE SERVICES ASSOCIATED WITH YOUR MOBILE PHONE, BY FOR EXAMPLE, MAKING A CALL, SENDING AN SMS, DURING THIS SEVEN DAY PERIOD, YOU AGREE THAT YOU MAY NOT THEN EXERCISE YOUR RIGHT TO CANCEL YOUR PURCHASE.

Your phone has never been activated, so you are entirely within your rights to cancel the contract and walk away as long as you do so before Tuesday!

Don't take any nonsense from them, just cancel the contract and hand back the phone. You can get an iPhone on Vodafone or 3.

Or, just have a think about it and come back to O2 again at another stage.

narwog81

jor el wrote: »

No it isn't, they must offer one, but no one really gets to chose.

A phone you only just bought should not need to be repaired immediately upon purchase, which makes this phone not fit for purpose. As such, you have a strong case for requesting either a replacement or a refund. In this case, a repair is not a reasonable offer, since the product was defective at purchase.

http://www.consumerconnect.ie/eng/Hot_Topics/FAQs/Faulty-goods/
http://www.nca.ie/eng/Business_Zone/Guides/Full%20List/Sale%20of%20Goods.html

this was my understanding also, i just didnt have the relevant legislation to hand when i was in the shop.

i'll ring customer care tomorrow and if i get no joy ill cancel the contract and they can ram their repair, ill go to vodafone and get non-faulty phone!

thanks for your help