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Samaritan

macrumors member
Original poster
Nov 11, 2006
62
0
Oxfordshire, UK
Hi all,

Well, I haven't received a text or email - and its past the 6.00pm deadline. I have an order in My O2 online saying 'In Progress'.

So I decided to ring O2 and chose the "I am less than happy with my O2 experience" option. I spoke to someone who passed me through to the iPhone team.

I explained that I wished to complain for one reason: O2 have broken the law.
I explained that I received an email stating that my order had been accepted. Fair enough. However, payment for the handset ("the goods") had been taken out of my account.
According to EU Online purchasing legislation, Online shops and suppliers are not allowed to take money off customers until the goods are dispatched. This is to prevent high value goods being charged for if no stock can be guaranteed, and thus prevent consumers from losing the value of their cash for no return.
Now I know £59 will not earn a lot of interest, but the principal still applies.

I also explained that the communication process had not been handled well at all. If something is out of stock, retailers are supposed to not take payment, and then contact the consumer when stock is available and confirm if they want the purchase to go ahead.

The guy on the phone seemed to take this pretty seriously - and has escalated the issue. I have a name and a number, and he is going to contact me tomorrow afternoon with an answer and proposed rectification as to why O2 have done this, and effectively broken the law.

I did explain that my complaint was not that the phone was not going to be delivered tomorrow - these things happen, and I understand that demand is high. His view was that I would be in the next batch and mine will be in stock on the 16th, ready to receive on the 18th. However, he could not guarantee this.

For those of you in the same situation, with an 'in progress' order, and for whom you have been charged for the handset, you may wish to phone O2 and point out to them that you are displeased that they have taken the cash for the handset before the goods are actually in stock, or despatched.

I'll let you know what he says when they come back to me tomorrow!

Sam
 
thanks that quite good news, maybe we might get a bit of compensation (or a free phone). it still does not make up for the disappointment of not getting my phone.
 
I'm confused about my situation

I placed my order online and it all seemed to go through OK until the end when (I thought) my IE had crashed. I emailed O2 support (couldnt get through on the phone) to find out if they had received my order. They emailed back saying I would get an email by the following day (yesterday) confirming. I didnt get this so started phoning CPW who told me they couldnt do an upgrade (eh? the O2 website says only they and CPW can do this)

I then phone O2 and got a guy who eventually told me they had received my order and it wold be dispatched for delivery friday by DHL he said I would receive an email with a confirmation number. Its now 2017 and I still havent seen the email. I have checked my bank balance and they havent taken payment. I 'tracked my order' on O2 website - nothing there.

Not looking good is it?

Why did the bloke say they had my order and it would be fulfilled?

why did CPW say they couldnt do the upgrade when O2 says they can?

aaaaarrrrrghhhhh I'm so confused....
 
Update:
I have now found my order on the O2 website (seems I have two different logins for same account!)
I have a tracking number which shows that my phone has been picked up by DHL and is on the way.

They still havent taken payment though and I havent received any texts or emails from O2 confirming anything

maybe there is still hope for some....
 
am confused i've not got a congratulations email or text but have got a DHL number and it says it's been picked up!!
Have phoned customer services and relayed that info and they both said that they no nothing of a congratulations email or text and i will receive the phone tomorrow!

Not sure who is right guess i have to wait at home tomorrow now???!
 
Hi all,

Well, I haven't received a text or email - and its past the 6.00pm deadline. I have an order in My O2 online saying 'In Progress'.

So I decided to ring O2 and chose the "I am less than happy with my O2 experience" option. I spoke to someone who passed me through to the iPhone team.

I explained that I wished to complain for one reason: O2 have broken the law.
I explained that I received an email stating that my order had been accepted. Fair enough. However, payment for the handset ("the goods") had been taken out of my account.
According to EU Online purchasing legislation, Online shops and suppliers are not allowed to take money off customers until the goods are dispatched. This is to prevent high value goods being charged for if no stock can be guaranteed, and thus prevent consumers from losing the value of their cash for no return.
Now I know £59 will not earn a lot of interest, but the principal still applies.

I also explained that the communication process had not been handled well at all. If something is out of stock, retailers are supposed to not take payment, and then contact the consumer when stock is available and confirm if they want the purchase to go ahead.

The guy on the phone seemed to take this pretty seriously - and has escalated the issue. I have a name and a number, and he is going to contact me tomorrow afternoon with an answer and proposed rectification as to why O2 have done this, and effectively broken the law.

I did explain that my complaint was not that the phone was not going to be delivered tomorrow - these things happen, and I understand that demand is high. His view was that I would be in the next batch and mine will be in stock on the 16th, ready to receive on the 18th. However, he could not guarantee this.

For those of you in the same situation, with an 'in progress' order, and for whom you have been charged for the handset, you may wish to phone O2 and point out to them that you are displeased that they have taken the cash for the handset before the goods are actually in stock, or despatched.

I'll let you know what he says when they come back to me tomorrow!

Sam

Nice worrk Sam! I think we were posting on the same thread last night. I too have been stitched up. Didn't find out until 1700hrs tonight - once it was too late to cancel my days holiday (which essentially will cost me a fair bit). When i spoke to O2 I also mentioned that I didn't think it was legal for them to take my cash - my girlfriend is a law grad so I will be getting her to read up when she gets in tonight.

I decided to cancel my order and maybe try my local store tomorrow - although i'm so annoyed at present that I am thinking of not bothering at all.

Out of interest, when did you place your order? I done mine at 0810 and had confirmation by 0812. I said to the guy on the phone how can this be first come, first served when I know for sure that others who ordered after me have been successful. Poor reps at O2 are probably getting a real hard time. I stayed really calm and kept saying that I knew it wasn't directly his fault.

I always have such bad luck when it comes to ordering things and really hoped this would be an exception to that!

Absolutely gutted!
 
I didnt manage to place an order... or so i thought, according to 02 guy calling me today I've ordered one but theyre out of stock and ill have it this week.

Gonna go to a store 2moro and cancel it if i manage to get one... win-win :)
 
I didnt manage to place an order... or so i thought, according to 02 guy calling me today I've ordered one but theyre out of stock and ill have it this week.

Gonna go to a store 2moro and cancel it if i manage to get one... win-win :)

Be careful Lellis2k, as when I spoke to O2 this evening they said you have to cancel web order to get one tomorrow as it is one per customer and your web order counts as one!
 
Be careful Lellis2k, as when I spoke to O2 this evening they said you have to cancel web order to get one tomorrow as it is one per customer and your web order counts as one!

They told me the exact opposite! That I could keep my web order as a banker and if I got hold of a phone instore tomorrow I could ring up and cancel the web order.
 
They told me the exact opposite! That I could keep my web order as a banker and if I got hold of a phone instore tomorrow I could ring up and cancel the web order.

This just confirms that they haven't got a clue what they are doing! O2 are a joke and TBH I am seriously considering not getting the iPhone because of the crappy company.
 
This just confirms that they haven't got a clue what they are doing! O2 are a joke and TBH I am seriously considering not getting the iPhone because of the crappy company.

From my own experience (see posts above) this launch seems to have been badly managed but I have been with O2 for a few years now and am more than happy with overall service. I was with 3 for a while and they were poor. Before that I was with Orange and (pardon my french) they were abosultely sh*t.
I think this is a badly managed launch thats all
 
This just confirms that they haven't got a clue what they are doing! O2 are a joke and TBH I am seriously considering not getting the iPhone because of the crappy company.

You won't be able to resist it's alluring scent!

It happened to me with the 1G iPhone.
 
I think this is a badly managed launch thats all

I find it quite hilarous that O2 claimed that 3G iPhone demand was 'unprecedented'. Either they are plain stupid or lieing. iPhone demand may be a lot of things but unprecedented certainly isn't one of them!
 
According to EU Online purchasing legislation, Online shops and suppliers are not allowed to take money off customers until the goods are dispatched.

I don't think the distance selling directive goes quite that far. The supplier cannot take payment until they can guarantee shipping it within 30 days which means that if they can 'allocate' you a unit that they know they will receive, they can bill you whenever they like. Many websites do this just before dispatch once they have confirmed that there is an item on the shelf for you - it's not good business practice to do it afterwards in case the funds aren't there.

Article 7 of the Distance Selling Directive said:
1. Unless the parties have agreed otherwise, the supplier must execute the order within a maximum of 30 days from the day following that on which the consumer forwarded his order to the supplier.

2. Where a supplier fails to perform his side of the contract on the grounds that the goods or services ordered are unavailable, the consumer must be informed of this situation and must be able to obtain a refund of any sums he has paid as soon as possible and in any case within 30 days.

So you're entitled to have your £59 back since you're not getting the phone by Friday but since O2 did point out that supplies were limited and you may not get it on the website that day, I suspect legally they're in the clear.
 
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