O2 dithers over Apple iPhone 4 refund pledge Apple may have said it will offer iPhone 4 customers a full refund if they return the handset within 30 days of purchase, but O2 is sticking to its 14-day returns policy. O2 yesterday followed up a couple of 'we'll tell you more soon' messages posted on its website on the Friday of Apple's iPhone 4 press conference and right …
...we'll think about it for ooo about 30 days. that way any one wanting to return it now, we can say:
Customer: I'd like to return this please.
02: you've had it 15 days sorry.
Customer: Steve Gods says I have 30 days.
02: Oh yeah, tell you what well get back to you.
Customer: ok.
16 days later:
02: Ok we'll do refunds up to 30 days
Customer great i'd like to return mine.
02: You've had it 31 days. Sorry.
Customer: <rams phone into 02 reps face>
<ironically signal improves>
I would have thought that the Sale of Goods act was the law in this case
If the item is not fit for the purpose it was sold, it can be returned for a full refund.
I would say that not being able to make/dropping calls would count as "not fit", though I don't know if this is a big problem in the UK, seems to me to be more problematic in the US, don't know if it's the different frequencies that makes the difference.
But 14 days is the minimum legal requirement under the long distance sales act, and only covers whether you like the product and if you think it's suitable. If the phone does a problem with maintaining a signal, as per the multiple recent stories on here, than that's down to 'not fit for purpose', and is covered by the 'sales of goods act', therefore the item can be returned way outside the 30 days Apple are offering.
Well, only in the first bit. Distance Selling Regulations cover seven days from purchase only (http://en.wikipedia.org/wiki/Consumer_Protection_%28Distance_Selling%29_Regulations_2000). The whole 'fit for purpose' thing is very full of contention, so I'm not getting into that.
As I understand it, *if* you were someone affected badly by the antenna problem, you should be able to get a refund or replacement at any time during the next six years (although after six months you'd have to prove the defect was there at purchase - easy enough in this case) on the basis that the handset is not fit for purpose/of satisfactory quality - ie, it won't hold a signal. A reasonable expectation of a mobile phone is that it can make and recieve calls.
The Sale of Goods Act applies to all UK consumer sales, regardless of any manufacturer or retailer's policies - these are the rights that are usually described as "not affected" by any additional terms and conditions/warranties.
You'd probably have a bit of a fight on your hands convincing O2 of this, but the law is (probably*) on your side.
* IANAL, etc.
Not quite sure how this works out with expensive phones. When you get a "free" phone, what you're buying is an airtime agreement and the phone is a free gift and doesn't form part of any (normal) contract. In other words, if you don't pay the bill, they can come after you for collection of that but can't ask for the phone back or charge you the cost of it.
However, this gets sticky if you have to pay something for the phone. In the case of an iPhone that you might pay £200 for (though it's actual cost is £500) then you are buying a handset as well as buying an airtime agreement. If the handset is not fit for use then the SoG Act does mean you can get that replaced/repaired/etc. But the airtime agreement IS fit for purpose - Apple's inability to maintain a signal doesn't affect the airtime that the network operator is giving you. In that case, there's no need for O2 (or any other network) to cancel contracts.
1) O2, under Distance Selling regs LAW says, if you don't like it send it back within 14 days.
2) The LAW (Sales of Goods Act) allows you to get your money back if it doesn't work, but Jobs says it does work.
3) Apple says that although it works, if you don't like it, you can send it back within 30 days.
Now No. 3 is in addition to your statutory rights, its up to Apple to organise with O2 and if it hasn't done so yet, you'll have to be patient because its extra and not consumer law.
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Forget what O2 or Apple says, in the UK you are covered by the Sale of Goods Act. As said, if it's not fit for purpose, i.e. that of making calls, then you are entitled to a full refund without quibbles at least up to 6 months from purchase.
If they question it refer them to Trading Standards and start a small claims court ticket running.
I have spoken to 6 different O2 reps, and Apple support, no-one really has an answer. They have finally agreed that as I have registered my complaint, IF they decide to have a retuns policy I will be included. I got my phone on launch day after a 6 hour wait in queue. I am gutted they won't fix it.
I would love to see the outcome of this going via small claims. Personally I would hope that they would rule against O2, if the product has a signal fault to the point that you have to buy a bumper or that the manufactures are offering free bumpers to anyone buying one that is very damning evidence of a real problem. Add onto that that the manufacturer's offered full refunds to all customers, and the testing report of one of the worlds most respected testing companies saying the fault is real.
Armed with most of that Id feel very strongly that the case would go in the buyers favour and 02 will have to realise that they don't have a case and do the right thing by their customers.
Not just fit for the purpose intended, but also of satisfactory quality (what a reasonable person would consider satisfactory). And it matters not a jot what Steve Jobs says - he can say the phone can actually increase the efficiency of your hot water boiler if he wants, but it doesn't affect your rights under the Act. Plus, the Act puts the responsibility on to the retailer, not the manufacturer, to refund or replace the item (your choice).
And if the retailer refuses, you can insist on the phone being sent away for an independent evaluation, although I can't remember who pays for it - probably you up front, with the retailer refunding if it goes your way, but don't quote me.
I'd love to see someone try it.
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