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No Refund if upgrading to SPV via Orange Shop?

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#1
zuffle23

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I've just been into my local Orange shop to collect my pre-ordered SPV. As the girl was getting all the forms together, she sticks a "No 14 Day Refund" on the agreement, so I asked her to explain.

She tells me that, if I upgrade to an SPV, I can only get a refund if there is a technical fault with the phone. If I can't get on with the phone, no refund. I pointed out to her that an SPV is considerably more complicated than an ordinary phone, and having just a play with an uncharged phone in a shop is not really on. She totally agrees but "thats the rules". I'm also informed that I'll need a new sim card and the new one may well not work in my current 7110.

So I ring Orange. The chap on the phone says the same thing - no 14 day refund available as you've looked at the phone in the shop and that is deemed to be sufficient. I again point out that this is a totally uncharged phone and to not give someone the option to exchange the phone once they've charged it and used it for a couple of days is not on. The SPV does a hell of a lot more than a "normal" phone - "sorry, thats the rules".

I decline the phone and walk out.

So the scenario is you upgrade to an SPV. For whatever reason - short battery life, can't get on with it when you get it home, whatever - you find you want to change it. You can't. So you are now stuck on a new 12 month contract with a phone you, for whatever reason, can't use. The only option, as I understand it, is to take out another new contract.

This has surely got to be crazy. I'd still like the phone but I really don't want to sign an agreement that basically gives me no get out clause.

Mark D

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#2
xmob

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I'm also informed that I'll need a new sim card and the new one may well not work in my current 7110.


You do need a new SIM card, but it does retain your current mobile number. There's no reason why you won't be able to use it in the 7110.

Pete Foster - xMob

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#3
graham

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Apparently the 14 day refund is only in case you get home and find you don't have an Orange signal where you live. As you already have an Orange phone - you know what the signal is like hence no refund.

But I do agree its a bit harsh on such a complex phone.

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#4
TZed9

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Utter crap old boy.

the 14dmb policy for Orange applies to any new contract, if they won't give it to you you should ask for the manager.

NO reason has to be given to 14dmb whatsoever. Sounds like somebody's pulling a fast one to me.

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#5
adrianfox

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Why not just order from the Orange Website? That way you can send it back within 7 days when upgrading. That's what I did with a 6310i when I heard about the SPV comming out.

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#6
adrianfox

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Utter crap old boy.  

the 14dmb policy for Orange applies to any new contract, if they won't give it to you you should ask for the manager.  

NO reason has to be given to 14dmb whatsoever. Sounds like somebody's pulling a fast one to me.


I think different rules apply for upgrades.

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#7
pupton

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I think that there is a law governing sales of any type that if the item does not fit your requirements within a 28 day period, you can take it back. I was told this by an Orange business manager this week in London

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#8
adrianfox

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I think that there is a law governing sales of any type that if the item does not fit your requirements within a 28 day period, you can take it back. I was told this by an Orange business manager this week in London


The phrase is "Not fit for the purpose for which it was sold". Unless they were feeling cooperative, you would have to argue the toss to get them to take it back under the Sale of Goods act.

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#9
pupton

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Yer I know... The problem with trying to get a feel for the phone in store is that you often know more about the phone (having only spent a minute with the phone) than the staff do. These poor guys get thrown in at the deep end with little product training and time to play with each phone and they are expected to answer our questions.

I was fortunate to find a good store (Cheapside branch, London) where they were happy for me to spend 10 YES 10 minutes playing with the phone inthe back of the store during a very busy lunch before I decided to go for it...

It is a shame in a way as the phone has so much potential but the battery and Oranges certification issues are giving it a bad reputation... :x

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#10
spvman

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I called my local Orange shop yesterday about the option of taking my spv back (over the no voice dialling issue) as im comming up to the 14th day of ownership. They told me that there would be no problem for either a refund or swapping for another phone. Since the phone was advertised on an Orange site and hence not sold as advertised this is a 'get out' clause that you could use!! Afterall you could have looked at that page a couple of weeks ago and just bought the phone yesterday without revisiting the site to see the 'revised page'. They were very aware that it had been advertised as such..i can imagine there might be a few red faces at orange over this issue hehe. I was just checking on my options and have since decided i like the spv too much to return it and will wait for an update...but its worth a thought if you are thinking of a purchace!! Or another idea is to visit the bug page here.. you'll find a whole plethora of faults... just take your pick!!! :D
On a more positive note however I suggest just buying one... even with the few shortcommings i have experienced its still the best phone i have ever had!!! :(

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#11
adrianfox

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My thoughts exactly.

I keep oscillating between loving and hating the thing and, when it's really p*ssing me off deciding to take it back and argue "not fit for purpose". If the P800 was out and lived up to its hype I might have done this already. Now though I've ordered a 256meg SD card so I guess I'll stick with it.

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#12
pupton

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Im in exactly the same bot. one moment its going in the bin, the next its on my pillow next to me instead of the missus.. :wink:

Im gonna stay with it but have my 8310 around when I need a better standby time like travelling. I heard from another thread on this forum that Orange may be altering the battery so fingers crossed.

On the stability front, I have had to reset this phone less than my old Nokia 9110 or Handspring Treo 270 so that is a good sign.

Its poor performance... I can live with that too as I have to remember that its not just a phone.... Im too forgiving I spose... :D

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#13
xanadu

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She tells me that, if I upgrade to an SPV, I can only get a refund if there is a technical fault with the phone. If I can't get on with the phone, no refund.


This is the same with any consumer goods.
You are not entitled to a refund unless the item sold is unfit for the purpose it was intended.
However some shops do offer an exchange for alternative goods, but they are not obliged to do this by law.

This is to prevent people from just trying goods out with no real intention of keeping the product.

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#14
TZed9

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Additionally

All goods purchased without being seen first, are subject to the 28 day return of goods act.

This relates to thing bought on the web, over the phone, a direct Orange upgrade...

Basically, you can return it under these conditions for any reason wihtin 28 days of reciept.

So,

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#15
zuffle23

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Apparently the 14 day refund is only in case you get home and find you don't have an Orange signal where you live.  As you already have an Orange phone - you know what the signal is like hence no refund.

But I do agree its a bit harsh on such a complex phone.


This is the point I was trying to make.
I'd done my research before going after the phone - read the reviews on the net, lurked around here for a bit, so was aware of the problems that had been reported. I wanted to make my mind up for myself - whats the functions like, can I get it to work with my PC at work, stuff like that.

For Orange to adopt the attitude of, "well, you can have a look at it for a couple of minutes but thats it", just sucks.

Is this just an Orange thing?

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#16
xanadu

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If you buy a house, you can't take it back because you don't like it.

If you buy a TV from the high street, you can't take it back because you don't like it.

If you want to take things back, then buy from QVC The Shopping Channel.
They have a 30 day no questions asked money back guarantee.

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#17
spvman

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Xanadu - yeah i agree with your sentiment on that one..however when buying a house you get a survey to find out if its for want of a better expression 'fit for purpose' and you probably already decided you like it or ya wouldnt buy it. A tv you can go look at, check out its features, play with and stare at in the showroom etc etc. Once youve done that you buy it and yeah sure you're then stuck with it unless you buy from a place with a 'no quibble 14 day returns policy' aka Argos (eeek), however its unlikely that on items as 'simple' as these that you will suddenly u turn on your choice. A complex next generation smartphone which needs to be 'lived with' to be fully understood is however a different thing altogether and thats before you get past features that should be there that only become apparent as missing after a few hours of fiddling with the thing and bugs that only appear once the thing is set up and functioning!! Also I wish I'd known QVC were selling the SPV on a 30 day no quibble guarentee - it would have simplified things sooooo much for the rest of us here - how much did u pay???? :wink:

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