02 Return Of Unopened 11 day old phone

Jamezzyboyoo

Hi thread viewers!

I have an issue I would like to share with you and hopefully somebody could help me with this! :pac:

My ma has bought me a Nokia Lumia 520 for Christmas, but unfortunately (and I hated doing it) I was after a completely different phone and mentioned it to her as I was buying this phone myself. She then gave me the phone to put towards my new one.

So back on topic, I rang 02 in Carlow and I was told that I could return it and upgrade it to the Sony Experia SP, that was grand anyway so today, I rang 02 in Queen's street (I think thats where they are) after I could not get through to any other 02 store in Dublin, and they told me due to their "remorse policy" they could not give me the 99€ paid for the phone but only 30€! To my confusion a phone which I had not opened, receipt and everything still in the bad could not be reimbursed, but not only that I want to buy a phone which is 180€ dearer that the Lumia 520, so 02 are making €69.99 on the Lumia 520 which has not been touched.

I was wondering if anybody can help me with this issue because I have worked with my father in a Leisure business, and we were always worry the customer would turn around and say they did not like the product and they could get their money reimbursed with some consumer act of 2009? Can anybody confirm this or help me with this issue as I am really in a tangled state here without having to eat the ear of an 02 representative!

Thanks for reading!!
-James-

Davy

They don't have to help you after 7 days when bought instore as you changed your mind, its not faulty.

They have to help you if you buy online for 14 days because of distance selling, but instore is different. Some companies do offer a 30 days money back if you are not happy.

You could sell the phone privately on adverts.ie or similar.... or I could move the thread to the o2 forum for you and they might be able to do something for you as the box is still sealed I cant see a big issue especially when your not looking for a refund.

Jamezzyboyoo

I see that, but does it make sense to you that you buy a phone for 99€, and then you want to buy a dearer phone priced at €290 and while getting the Lumia back in as stock and selling a pricey enough phone they instantly put a €69 depreciation on it makes no sense when the package has not even been breached!

My issue is that they've instantly depreciated an unopened phone by €69.99 and I find that ridiculous.

Yeah I was thinking that, but I'm looking for full refund, but I'll keep that in mind, I'm pretty sure though there is legislation somewhere that allows a consumer to return a product in 30 days if unsatisfactory, I just have to pull it up somewhere!

Thanks for the offer! But I'm dealing with 02 over their forums on their website at the moment, just want to know if anybody else has ran into similar problems!

whiterebel

Jamezzyboyoo wrote: »

I see that, but does it make sense to you that you buy a phone for 99€, and then you want to buy a dearer phone priced at €290 and while getting the Lumia back in as stock and selling a pricey enough phone they instantly put a €69 depreciation on it makes no sense when the package has not even been breached!

My issue is that they've instantly depreciated an unopened phone by €69.99 and I find that ridiculous.

Yeah I was thinking that, but I'm looking for full refund, but I'll keep that in mind, I'm pretty sure though there is legislation somewhere that allows a consumer to return a product in 30 days if unsatisfactory, I just have to pull it up somewhere!

Thanks for the offer! But I'm dealing with 02 over their forums on their website at the moment, just want to know if anybody else has ran into similar problems!

It's not unsatisfactory, you don't want it. O2 don't have to do anything. You'll be wasting your time trying to find any legislation that says different. Unless it's faulty, they don't have to do anything.

Jamezzyboyoo

Well its not that I don't want it, I want to upgrade it! Would the fact that this "policy" was not mentioned in store nor on the receipt or on the package?

whiterebel

Jamezzyboyoo wrote: »

Well its not that I don't want it, I want to upgrade it! Would the fact that this "policy" was not mentioned in store nor on the receipt or on the package?

What "Policy"? Its the law - they don't have to do ANYTHING if its not faulty. As Davy said, if bought online, legally you have a remorse period to send it back, at your expense, but I think its 7 days, not 14.

beauf

Jamezzyboyoo wrote: »

Well its not that I don't want it, I want to upgrade it! Would the fact that this "policy" was not mentioned in store nor on the receipt or on the package?

Its not an upgrade in the way the mobile operators use that word.

Its a change of mind return. Buying the SP is a different transaction completely.

TBH you'd be better selling it on adverts you'd get 70~80 for it, then buy the SP on Amazon unlocked for 280 + del. I assume you are doing this prepay.

Shop around for better deals on other networks for the SP.

cocoman

Jamezzyboyoo wrote: »

Hi thread viewers!

I have an issue I would like to share with you and hopefully somebody could help me with this! :pac:

My ma has bought me a Nokia Lumia 520 for Christmas, but unfortunately (and I hated doing it) I was after a completely different phone and mentioned it to her as I was buying this phone myself. She then gave me the phone to put towards my new one.

So back on topic, I rang 02 in Carlow and I was told that I could return it and upgrade it to the Sony Experia SP, that was grand anyway so today, I rang 02 in Queen's street (I think thats where they are) after I could not get through to any other 02 store in Dublin, and they told me due to their "remorse policy" they could not give me the 99€ paid for the phone but only 30€! To my confusion a phone which I had not opened, receipt and everything still in the bad could not be reimbursed, but not only that I want to buy a phone which is 180€ dearer that the Lumia 520, so 02 are making €69.99 on the Lumia 520 which has not been touched.

I was wondering if anybody can help me with this issue because I have worked with my father in a Leisure business, and we were always worry the customer would turn around and say they did not like the product and they could get their money reimbursed with some consumer act of 2009? Can anybody confirm this or help me with this issue as I am really in a tangled state here without having to eat the ear of an 02 representative!

Thanks for reading!!
-James-

Just tell them that you will move to another network if they don't offer a refund. This might work.

Jamezzyboyoo

whiterebel wrote: »

What "Policy"? Its the law - they don't have to do ANYTHING if its not faulty. As Davy said, if bought online, legally you have a remorse period to send it back, at your expense, but I think its 7 days, not 14.

Yeah I realize that now :S

But does this make sense to you, I am going to buy a pretty dear phone in store, then give them back a phone which they only offer 30% of the original price so they can take the money for the new phone, then sell the phone I handed back at the original price of €99.99 to another consumer?

So its win win for 02! I wouldn't mind if it were January, but that phone is still in demand and the Christmas shopping rush is still ongoing so it's not as if they cannot sell that phone without hardship!

They're not legally obliged by law to do anything but that simply is just taking the mick completely!

beauf

It makes sense for O2 yes. There are a shop, they want to make a profit. Its how shops work.

Its doesn't make sense for you. So don't do it. Sell it yourself.

Jamezzyboyoo

Well obviously.. but you would think it makes sense to a network to try and keep their customers and act in the interest of fair play and not taking advantage completely of the situation! I'm going to move network if this isn't resolved because it is complete BS!!

Sonics2k

Jamezzyboyoo wrote: »

Well obviously.. but you would think it makes sense to a network to try and keep their customers and act in the interest of fair play and not taking advantage completely of the situation! I'm going to move network if this isn't resolved because it is complete BS!!

Wading in on this one.

This is not an O2, Vodafone, Three or anyone else's policy. At least, not directly.

More often than not this would be the policy of the manufacturer or the 3rd party company that supplies the handset, I -think- that's a company called Radius in Ireland and possibly the UK too.
It would be there policy not to allow a return of the item unless faulty, and any item that is returned would have to be paid for by the company, store and in some circumstances, the sales rep who does the return.

Simply put, legally you have no foot to stand on as you simply changed your mind. Some companies will allow a refund on items that can simply be sold back out, for phone networks they'll usually return unused cases/chargers/headphones etc as long they have the original packaging, but not the phones themselves.

beauf

Jamezzyboyoo wrote: »

Well obviously.. but you would think it makes sense to a network to try and keep their customers and act in the interest of fair play and not taking advantage completely of the situation! I'm going to move network if this isn't resolved because it is complete BS!!

You must have missed the last 20yrs. There is no customer loyalty anymore. Its all about profit. Only new customers gets the deals.

It makes no sense to say with the same operator, swapping from one network to the other gets you the best deals.

neilmulvey

Jamezzyboyoo wrote: »

Well obviously.. but you would think it makes sense to a network to try and keep their customers and act in the interest of fair play and not taking advantage completely of the situation! I'm going to move network if this isn't resolved because it is complete BS!!

It is not bull****. A phone was purchased, you dont want it. Thats not o2's fault. They clearly advertised a 7 day no questions returns policy on their online shop. They cant make exceptions because if they do it for one, they would be expected to do for others.

You have a phone you could sell online and get close to its full value, it is your best , and only viable option. You want to upgrade the phone you have been using, not the one that you want to return.

If you return a phone within 28 days with a fault they must replace the product, thereafter it is sent to (SBE i think) for repair.

JustAddWater

neilmulvey wrote: »

If you return a phone within 28 days with a fault they must replace the product, thereafter it is sent to (SBE i think) for repair.

WRONG, WRONG, WRONG!!

Read up on your rights, 3 R's. You have to be offered repair, replacement or refund! BUT nobody days which. The agreement has to be mutual between both parties. They can offer repair for example but you can insist on replace. If you think that's not enough you can complain, etc, etc. but no, 28 days or 28 mins old, does not matter, 3 R's apply., unless the store has a policy in addition to your consumer rights

http://www.consumerhelp.ie/faulty-goods


Regarding the OP, you are not entitled to anything and they can offer you nothing if they want. Sad but true, I'm afraid!

Remember:

You have no rights under consumer law if you change your mind about the goods you have purchased. However, some shops may offer you an exchange as a gesture of goodwill
- See more at: http://www.consumerhelp.ie/faulty-goods#sthash.rkrhW1vM.dpuf

neilmulvey

JustAddWater wrote: »

WRONG, WRONG, WRONG!!

Read up on your rights, 3 R's. You have to be offered repair, replacement or refund! BUT nobody days which. The agreement has to be mutual between both parties. They can offer repair for example but you can insist on replace. If you think that's not enough you can complain, etc, etc. but no, 28 days or 28 mins old, does not matter, 3 R's apply., unless the store has a policy in addition to your consumer rights

http://www.consumerhelp.ie/faulty-goods


Regarding the OP, you are not entitled to anything and they can offer you nothing if they want. Sad but true, I'm afraid!

sorry should have been clearer, i meant they must replace the product if that is what the customer requires.

beauf

neilmulvey wrote: »

sorry should have been clearer, i meant they must replace the product if that is what the customer requires.

Not true. They can repair it.

beauf

BTW the Xperia SP is €289.99 on O2 prepay.

But 271.73 Euro Sim Free (unlocked) on Amazon.co.uk.

Another alternative is the 16GB Moto G 215.27 Euro on Amazon.