o2 and apple crossed wires (and I'm stuck in the middle)

Discussion in 'iPhone' started by teddyboaz, Nov 29, 2008.

  1. teddyboaz macrumors newbie

    Joined:
    Nov 29, 2008
    #1
    on the 16 of November I bought an iPhone 16gb 3g from my local o2 store (Ireland) a few days later it developed a fault and was replaced by another brand new iPhone which after activating I found out it was also faulty (loudspeaker not working(I know it only has one loudspeaker)) I went to the o2 store today only to be told they do not offer replacements and I was given this one by mistake they said the only thing they could do is send it off because it was apple's policy. I phoned o2 customer care who tried to solve the issue but there was nothing they could do. So I then phoned apple and the woman on the phone ended up hanging up on me. I phoned again and was transfered to a 2nd level operator (basically someone higher up the food chain) he tried telling the person in the store but got nowhere he told me he would call the customer relations department when they open on monday he said they don't have such a policy and anyway if they did it would be in breech of the sale of goods act and supply of services act 1980. The guy In the o2 store said he would ring some number for asking about the return policy which does not open untill Monday. The apple rep didn't sound happy about the way the store was handeling this and would ring me back on Monday. Any advice on this issue as I seem to be stuck in the middle of this
     
  2. teddyboaz thread starter macrumors newbie

    Joined:
    Nov 29, 2008
  3. spooky2k macrumors 6502a

    #3
    Hey there.
    Sorry to hear about your troubles, the person you spoke to is quite right, to refuse a replacement would be a breach of the sale of goods act. If a product if faulty, then the company that sold it to you have to replace it. In this case, that would be the O2 shop. Call consumer direct about it, they'll tell you the same thing.
    Hope you get it sorted out soon,
    Dan x
     
  4. teddyboaz thread starter macrumors newbie

    Joined:
    Nov 29, 2008
  5. paulsalter macrumors 68000

    paulsalter

    Joined:
    Aug 10, 2008
    Location:
    UK
    #5
    Yup, you have a guarantee from the place of purchase for faulty goods (12 months), which they will not always agree to but quote (check it on internet) sale of goods act to them and they change their attitude quickly.

    However, I think they have a clause on the contract you sign when you buy the phone that says any repairs have to go to Apple.
     
  6. jmmo20 macrumors 65816

    Joined:
    Jun 15, 2006
    #6
    It looks like Telefónica's way of doing business is reaching O2.

    That has been the policy of Telefonica Movistar since the very beginning. If they gave you an iPhone, signed the contract, open it in-store to find it was faulty, they would not replace it at all. You had to send it to Apple.

    They claim it's Apple who's ordering it but that BS because we can all see how Apple really works (there's like a ton of countries where the iphone is sold now).

    Now Telefonica O2 seems to be doing the same, according to you, only to blame it on Apple.

    grrr I hate these people. How could apple sign a deal with Alierta !!! (Telefonicas CEO)
     
  7. nazuk macrumors 6502

    nazuk

    Joined:
    Dec 5, 2007
    Location:
    England, UK
    #7
    EMail the Directors of O2 and the relavnt departments directly..

    If you want a quick and professional result, don't bother with the stores directly - some of them are dictated to by O2 Head Office. Go straight to the top and email the top dogs, perhaps paste in this thread in your email. The email addresses I have for the Directors and the relevant complaints departments are as follows:
    [​IMG]mycare@o2mail.co.uk,
    [​IMG]complaintreviewservice@o2.com,
    [​IMG]david.nicholas@o2.com,
    [​IMG]simon.lloyd@o2.com,
    [​IMG]richard.poston@o2.com


    I would COPY all of these in with your concerns. I guarantee your complaint will be heard and sorted in 2 working days. No phonecalls necessary, and no hanging on call centre q's.

    They don't like bad publicity, and the director's don't want this to escalate into a war with Apple. :D

    Let us know how you get on.
     
  8. teddyboaz thread starter macrumors newbie

    Joined:
    Nov 29, 2008
    #8
    I'll let you know

    I'll send off some emails and I'll post the replies from them and the reply I'll get when the guy from apple calls back
     
  9. teddyboaz thread starter macrumors newbie

    Joined:
    Nov 29, 2008
    #9
    To Straighten things out

    I bought the phone for €569 so signed no contract. The apple guy and I both tried the sale of goods act (him over the phone and me in person and the just fobbed it off.
     
  10. teddyboaz thread starter macrumors newbie

    Joined:
    Nov 29, 2008
  11. lfc200 macrumors member

    Joined:
    Feb 24, 2007
    Location:
    Cork, Ireland
    #11
    From previous experience I once worked with Carphone Warehouse we were told that we were NOT to replace Iphones if they were faulty even within the 28 days. The clear instructions from apple are that they are to be returned to them and they issue the replacement. I know it sucks but that is the way it is. So im afraid the person in the o2 shop was actually right in telling you that they do not issue replacements.
     
  12. bmcgrath macrumors 65816

    bmcgrath

    Joined:
    Oct 5, 2006
    Location:
    London, United Kingdom
    #12
    Heya

    Saw you post this problem on o2 IE forums. Doesn't look like you got very far with them. Tbh this is how o2 do business. Your best bet is go email both apple and o2 asap.

    I know with apple if you send a snotty but not rude email to them they tend to get moving on issues. I've had previous experiece and they've been extremely helpful.

    As for o2... Email and keep ringing.
     
  13. alexboy45 macrumors regular

    Joined:
    Nov 7, 2007
    #13
    if possable try an apple store and see what they have said. i had a fault with an original iphone and they swapped it out no worries. if it is under 14 days i am sure you are able to get a replacement. i could be wrong
     
  14. bmcgrath macrumors 65816

    bmcgrath

    Joined:
    Oct 5, 2006
    Location:
    London, United Kingdom
    #14
    we don't have an apple store in Ireland.... :(
     
  15. alexboy45 macrumors regular

    Joined:
    Nov 7, 2007
    #15
    that sucks. :(
     
  16. bmcgrath macrumors 65816

    bmcgrath

    Joined:
    Oct 5, 2006
    Location:
    London, United Kingdom
    #16
    Indeed it does.
     
  17. rs13 macrumors member

    Joined:
    Oct 28, 2008
    #17
    i am sure on the o2 site somewhere it says the legally have to replace or refund you if you have prof of purchase i will try and find a link
     
  18. tonynz macrumors member

    Joined:
    Oct 24, 2008
    #18
    Why don't you try taking into an Apple Store Genius?

    I took my iPhone in due to a faulty brightness spectrum on my iphone and a faulty mic input and they swapped the unit for me straight away
     
  19. markfc macrumors 6502a

    markfc

    Joined:
    Sep 18, 2006
    Location:
    Prestatyn, Wales, UK
    #19
    Rubbish! Company policy does not over right the sales of goods act.
    If it's faulty they must replace it.
     
  20. lfc200 macrumors member

    Joined:
    Feb 24, 2007
    Location:
    Cork, Ireland
    #20
    Its not Carphone Warehouse policy it is Apple policy, Apple do replace them it just has to be done through Apple and not through a retail mobile phone shop.
    Thats just the way it is. Saying that I stopped working with Carphone 3 months ago to return to college so the returns procedure may have changed since then but I dont think it has.
     
  21. matty2345 macrumors newbie

    Joined:
    Jun 11, 2008
    Location:
    Scotland
    #21
    Actually they don't have to replace it, they are quite within in their rights to offer to have the phone repaired.

    However in teddyboaz situation they should replace it as it is within 28 days since he first purchased it. I work for O2, and sounds like you just got a mis-informed sales person in the store! O2's policy is that if the handset develops a fault within the first 28 days from purchase then it should be replaced in store, unless the sales person can see that there is obvious physical damage to the phone, in which case it should be sent for repair to have an engineer look at it.

    If the phone is out with 28 days then the phone is sent to Apple. At the moment faulty iPhone 3G's that are sent to Apple from an O2 store are automatically replaced by Apple (unless the fault is not covered by warranty, e.g smashed screen). The process takes about 5 working days.

    The 28 days starts from when you made the original purchase, not the date of any exchanges you have made. So if your original purchase was November 16th, then id go back to the O2 Store and ask to speak with a manager if the sales assistants are not willing to help, and get your faulty iPhone exchanged!

    Hope this helps!

    Matt.
     
  22. goosnarrggh macrumors 68000

    Joined:
    May 16, 2006
    #22
    If it is faulty, the consumer has the right to request that the product be replaced. If, in the merchant's opinion, it would be "disproportionately costly" to replace the faulty device, they may refuse to replace it, in which case they must offer to repair it instead.

    Conversely, the consumer has the right to request that the product be repaired. If, in the merchant's opinion, it would be "disproportionately costly" to repair the faulty device, they may refuse to repair it, in which case they must offer to replace it instead.

    If the merchant refuses to repair it and also refuses to replace it, or fails to to do either in a convenient and timely manner, you can take them to small claims court and seek damages as an alternate remedy.

    Within the first 6 months of ownership, the normal rules for burden of proof is reversed - rather than requiring the consumer to provide evidence that the product is faulty, the product is automatically assumed to be faulty unless the merchant can produce evidence to the contrary. (For example, the merchant can provide evidence that the product was subjected to harsh physical treatment or exposed to elements outside the ordinary conditions in which the product was advertised to operate.)

    (source: http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html question #11)
     

Share This Page