Guest MrSim Posted January 22, 2003 Report Posted January 22, 2003 i contacted The Link today to complain about the persistant problems i'm (we're!!) having with my SPV. I was told that as i'd had it for more than 28 days they would not exchange it but would send it back to Orange for repair (Ha, Ha). As we all know the problems have been there since day 1. Could anyone explain my rights? :evil:
Guest Firaas Posted January 22, 2003 Report Posted January 22, 2003 Tricky one. You've got to allow The Link to repair your phone. If it's not repaired to your satisfaction, you're entitled to a refund. You failed to return the phone to The Link within a reasonable time period, and therefore forfeited your right to an immediate refund. However, you are still entitled to a refund if The Link is unable to make the phone work to your (reasonable) satisfaction.
Guest spikex Posted January 22, 2003 Report Posted January 22, 2003 Too right! You're entitled to a One Year warranty on all products that you buy. I read somewhere ages ago that it's the "law of the land". Don't accept anything else. I'd be a bit worried about sending the phone back to fix because Orange have been taking a bloody long time to get some stock in for the SPV and I'm assuming they're making some changes??? You might not see your phone for a while. Just a theory anyway.
Guest Firaas Posted January 22, 2003 Report Posted January 22, 2003 Too right! You're entitled to a One Year warranty on all products that you buy. I read somewhere ages ago that it's the "law of the land". You're entitled to a warranty, but you've got to give The Link a chance to fix it. It is indeed an obligation on all manufacturers of most goods to warrant products free of faults arising from faulty workmanship and poor quality manufacture/components for 12 months from the date of purchase.
Guest spikex Posted January 22, 2003 Report Posted January 22, 2003 You're entitled to a warranty, but you've got to give The Link a chance to fix it. It is indeed an obligation on all manufacturers of most goods to warrant products free of faults arising from faulty workmanship and poor quality manufacture/components for 12 months from the date of purchase. Not to be rude or cocky or anything like that but isn't that kinda touching on my point Firass?
Guest Firaas Posted January 22, 2003 Report Posted January 22, 2003 If it is, it seems I misunderstood your original post. Sorry.
Guest spikex Posted January 22, 2003 Report Posted January 22, 2003 No need to be sorry...wasn't seeking an apology, just thought I'd be immature and get the last word in it. ;)
Guest AsherUK Posted January 22, 2003 Report Posted January 22, 2003 You could always look into the sale of goods act, as the product my be unfit for its intended purpose, or not as advertised (eg. if something in an advert / brochure is not on the phone or not working)... but this could turn out to be a long process. The easiest method is probably to send it back for repair, and if orange replace it and the replacement still has faults/bugs then return it to Orange and ask for full credit.
Guest MrSim Posted January 22, 2003 Report Posted January 22, 2003 Thanks for your advice guys. i'm a bit worried that i may not see my SPV for weeks on end so i will raise this query with The Link. Any idea how long is a reasonable time to accept? PS I've just noticed that the SPV is back in stock on the Orange web-site.
Guest spikex Posted January 22, 2003 Report Posted January 22, 2003 It's back on the Orange web-site?? No way!
Guest Big Ron - No Longer a Mem Posted January 23, 2003 Report Posted January 23, 2003 The "14 day no quibble money back guarantee" is an historical legacy from the days when coverage was patchy at best - it allowed buyers to check that their new (analogue!) phone would actually WORK in their locality. While you ARE indeed required in law to formally reject goods "within a reasonable period" or be deemed to have accepted them as "fit for the purpose", as far as I'm aware, the ONLY goods for which the law specifies how long that period should be is cars. Simply because the seller deems that "14 days is sufficient" isn't the same as it being The Law. Given the historical reason for the 14 day guarantee, a competant lawyer should be able to make a case for the period being longer - particularly in light of the written promise of a bug fix and the failure to deliver, which MIGHT be construed as a cynical attempt to get you to hang onto unsuitable goods until after the "free return" period has elepsed. Microsoft offered an implicit "repair"... and then failed to deliver?
Guest Firaas Posted January 23, 2003 Report Posted January 23, 2003 Thanks for your advice guys. i'm a bit worried that i may not see my SPV for weeks on end so i will raise this query with The Link. Any idea how long is a reasonable time to accept? PS I've just noticed that the SPV is back in stock on the Orange web-site. I'd say 21 days at the maximum. Make sure that you have a specific time limit within which the phone will be returned, as The Link could be obliged to offer a replacement phone if this is not met, or may be obliged to offer a loan handset.
Guest Dade Posted January 23, 2003 Report Posted January 23, 2003 Ive just been through something similar myself. The bottom line is that the European Commission's Sale of Consumer Goods Directive states that 'There is a 6 (SIX!) year liability period on all goods sold in the UK. This is backed up by the Sale Of Goods Act. This also covers claims of compensation that can be made against the vendor of goods. This relates particularly, but not exclusively, to cases where you have a reasonable amount of proof that the defect was in place from day one. If you require any help on this i sugest that you contact the DTI, they will back you up!
Guest leebut Posted January 23, 2003 Report Posted January 23, 2003 You could speak to, Trading standards http://www.tradingstandards.gov.uk/, or The office of fair Trading http://www.oft.gov.uk/- these will tell you of all you rights DTI http://www.dti.gov.uk/ and this one http://www.tradingstandards.net/
Guest MrSim Posted January 25, 2003 Report Posted January 25, 2003 Update: Spent 2 hours in The Link with a very helpful manager. Most of the time he was on the phone to Orange..... Ring tone volume: Apparantly Orange are aware of this and are dealing with it. Poor battery life. Blamed me. i must be using it too often!! (Chance would be a fine thing) Frequent lock-ups: Orange claim this must be expected and that it is quite acceptable for the battery to be removed whenever this happens - despite many settings being reset. Eg dictionary. The Manager was told that Orange have contracted all repairs of SPV's to a company called Hayes (I think that's what they're called). They will send a jiffy bag to the Link for the posting the SPV to them. Was told repairs take around 5 days from receipt of the SPV. Orange, when asked by the manager, "what happened to the courier service", was told that they don't do that anymore. (Probably run out of couriers!!) MMS. Was told that it hadn't been set-up. i have done so on 2 previous occasions. Why don't they automatically do it!! Will keep you posted.
Guest graeme2b Posted January 25, 2003 Report Posted January 25, 2003 To be frank the retailer after 28 days has no specific right to do any thing apart from point you in the right direction to the manufacturer as it is the manufacturer who holds the 12 month warranty. Before 14 days you are allowed a total refund apart from calls made and the portion of line rental up untill 28 days including day of purchase you are allowed to swap the handset if it is faulty but only for a like for like product. this is not the retailers policy but what they have to abide by from all networks.. as they all have specific rules on returns, that if dealers don't stick to they don't get the return credit for the handset purchase, ie money the shop buy the handset from orange or supplier!!! Graeme :shock:
Guest Knight_Rider Posted January 25, 2003 Report Posted January 25, 2003 They think its resonable to take your battery out if it crashs, correct me if Im wrong but dosent the manual strictly tell you not to take the battery out? So whos wrong Orange or the Manual?
Guest Firaas Posted January 26, 2003 Report Posted January 26, 2003 To be frank the retailer after 28 days has no specific right to do any thing apart from point you in the right direction to the manufacturer as it is the manufacturer who holds the 12 month warranty. Actually, the retailer is responsible for any warranty faults that arise within the 12 month obligatory warranty period. They may offer to point you towards the manufacturer, but you have the right to ask your retailer to sort it all out themselves - the retailer can't force you to find someone else to fix the phone you bought off them. The 12 month warranty may be offered by the manufacturer, but for a customer it's the retailer who's fully liable.
Guest Firaas Posted January 26, 2003 Report Posted January 26, 2003 They think its resonable to take your battery out if it crashs, correct me if Im wrong but dosent the manual strictly tell you not to take the battery out? If you take it out, you'll lose settings that were saved. There is no other effect of it. It's pretty much like pushing the power button on a computer without shutting it down - you're advised against it, but sometime's you can't avoid it, and it doesn't usually damage the system.
Guest Firaas Posted January 26, 2003 Report Posted January 26, 2003 Just a tip, if you can, stay in The Link when you get your phone back, and try it out and ensure that it's fully working to the way you want it - then they can't fall back on "you caused this, it was fine when it arrived".
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