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norman156

Original Poster:

2,040 posts

82 months

[news] 
Thursday 10th February 2011 quote quote all
Just wondered if this was right or if they're telling me porky pies. My contract phone has developed a fault, so I took it in to an Orange shop hoping that they would send my phone off and give me a temporary replacement, as I've done in the past with contract phones from o2 and 3 when they've gone bust.

However I was told they don't do this anymore unless it's a Blackberry and I'd have to contact the manufacturer (Samsung) to have it done under warranty. This is a pain on two accounts, as I'll probably need to sit in and wait for a courier to collect it, and I'll have no phone to use in the interim.

Anyone know if this is correct practice? I've had the phone under a year so I'm sure this is something the store would be obliged to do under my statutory rights or similar. I've definitely heard of shops attempting to fob people off and send them direct to the manufacturer when it's their obligation to sort it themselves if it's under the year.

Any advice much appreciated!

LordGrover

22,657 posts

98 months

[news] 
Thursday 10th February 2011 quote quote all
I don't know, but my gut feeling is as yours. Your contract is with Orange, not Samsung so I'd expect them to resolve any issues.

jesta1865

2,724 posts

95 months

[news] 
Thursday 10th February 2011 quote quote all
as i understand it, the shop is the people you have the contract with not samsung, so they should be sorting it out.

my e72 nokia played up and virgin swapped it for my htc with no arguments at all. the only thing was i went into the store and they told me to speak to customer services, but then they called them for me then and there.

dazp

678 posts

75 months

[news] 
Thursday 10th February 2011 quote quote all
I am with orange and when I have had a fault with my phones in the past I ring them up and they send out a new one normally the next day and collect my one (the faulty one) at the same time. All I done was to keep the battery and sim and thats it.

Orange Helpers

5 posts

44 months

[news] 
Monday 14th February 2011 quote quote all
Hi norman156

I hope the below information on our replacement procedures might help.

If your phone was purchased directly from Orange, or from an Orange shop, and was found to be faulty within six months of purchase, we would replace the handset directly though our Customer Service Helpdesk. If the phone was purchased from an independent dealer, you would need to return it to them for repair or replacement.

If your phone was found to be faulty outside of the first six months, and you do not have our Orange Care warranty and insurance package, we would advise you to contact the manufacturer to arrange repair under the manufacturer's warranty.

Exceptions to the above process are replacements for faulty Blackberry handsets, which would be arranged through Orange if a fault occurs within the first 12 months, and replacements for faulty Apple handsets, which we arrange through Apple at all times.

I hope this helps.

Darren from Orange Helpers
Twitter: http://twitter.com/orangehelpers
Facebook: http://www.facebook.com/OrangeUK
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Turtlez

10,444 posts

67 months

[news] 
Monday 14th February 2011 quote quote all
dazp said:
I am with orange and when I have had a fault with my phones in the past I ring them up and they send out a new one normally the next day and collect my one (the faulty one) at the same time. All I done was to keep the battery and sim and thats it.
Same here only mine is payg,

plasticpig

9,277 posts

111 months

[news] 
Monday 14th February 2011 quote quote all
norman156 said:
However I was told they don't do this anymore unless it's a Blackberry and I'd have to contact the manufacturer (Samsung) to have it done under warranty. This is a pain on two accounts, as I'll probably need to sit in and wait for a courier to collect it, and I'll have no phone to use in the interim.
Samsung do warranty repairs through some Carphone Warehouse branches and a few other phone shops. You can find your nearest one here



lingus75

1,433 posts

108 months

[news] 
Monday 14th February 2011 quote quote all
It would be interesting to kow what the 'Legal' situation was on this question and not just the 'Orange policy' which isn't law.

PintOfKittens

1,336 posts

76 months

[news] 
Monday 14th February 2011 quote quote all
Orange Helpers said:
If your phone was found to be faulty outside of the first six months, and you do not have our Orange Care warranty and insurance package, we would advise you to contact the manufacturer to arrange repair under the manufacturer's warranty.
So, basically Orange's official policy is to shirk its legal obligations? Interesting.

marshalla

10,892 posts

87 months

[news] 
Monday 14th February 2011 quote quote all
Orange Helpers said:
Orange UK policy
Unfortunately for Darren - the law says something different. SoGA applies to mobile phones on contract too.

http://www.consumerdirect.gov.uk/after_you_buy/kno...

lingus75

1,433 posts

108 months

[news] 
Monday 14th February 2011 quote quote all
Just two of the points on the SOGA site quoted a few posts ago. They seem to be fairly clear to me.

"Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty"

"Your rights cannot be taken away by terms and conditions written into a notice, receipt, contract, warranty or guarantee"




Orange Helpers

5 posts

44 months

[news] 
Monday 14th February 2011 quote quote all
Hi

I confirm that our policies are in line with the Sale of Goods Act and in no way shirk our legal obligations.

The Consumer Direct site linked to above is a little unclear on what happens once a customer has had their phone more than a few weeks. I hope the information below may help to clarify this.

During the first six months any fault which is found on a phone is presumed to have been present at the time of purchase, as such it is the supplier’s responsibility to deal with the issue. As stated above, if the phone is purchased directly from Orange or from an Orange shop, we will send out a replacement at no charge.

After the first six months it is up to the customer to prove that the fault was present at the time of purchase before the supplier is obliged to offer a repair or replacement. As this may be difficult to prove, the easiest option for an Orange customer would be to to take advantage of any warranty they have through the manufacturer. This does not affect a customer's legal rights in any way.

I hope this helps.

Darren from Orange Helpers
Twitter: http://twitter.com/orangehelpers
Facebook: http://www.facebook.com/OrangeUK

marshalla

10,892 posts

87 months

[news] 
Monday 14th February 2011 quote quote all
Orange Helpers said:
Darren from Orange Helpers

Very helpfully quoted paragraphs similar to those used by consumer direct, but phrased to favour Orange somewhat.
Now Darren - if you look at Consumer Direct properly, you'll see this statement

Consumer direct said:
The trader must sort out your problem, not the manufacturer
Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.
So, Darren, how does your policy of sending the consumer to the manufacturer comply with this ?


Edited by marshalla on Monday 14th February 16:47

Orange Helpers

5 posts

44 months

[news] 
Monday 14th February 2011 quote quote all
Hi marshalla

The passage you quote states "if you are entitled to a refund, replacement, repair or compensation". A customer would only be entitled to such a remedy if they were able to prove that the phone they had received from Orange had been faulty at time of purchase. If this was proven, then we would respond in line with the appropriate legislation.

As proving that a fault had been present on a phone purchased over six months ago may be time consuming for the customer, as well as difficult to prove, we advise to contact the manufacturer as the simplest resolution for our customers.

I hope this helps.

Darren from Orange Helpers
Twitter: http://twitter.com/orangehelpers
Facebook: http://www.facebook.com/OrangeUK

marshalla

10,892 posts

87 months

[news] 
Monday 14th February 2011 quote quote all
Orange Helpers said:
Hi marshalla

The passage you quote states "if you are entitled to a refund, replacement, repair or compensation". A customer would only be entitled to such a remedy if they were able to prove that the phone they had received from Orange had been faulty at time of purchase. If this was proven, then we would respond in line with the appropriate legislation.

As proving that a fault had been present on a phone purchased over six months ago may be time consuming for the customer, as well as difficult to prove, we advise to contact the manufacturer as the simplest resolution for our customers.
So - what type of proof do you require for you to take action rather than relying on the manufacturer ?

Bear in mind that the consumer has no contract with the manufacturer, only with you.

Polarbert

17,498 posts

117 months

[news] 
Monday 14th February 2011 quote quote all
I would imagine that you would probably have to take the phone to an electronics shop and have a report conducted on it to examine if the fault was present when purchased. If that was the case then I'm sure that Orange would refund the cost of the report and replace the phone.

It's what happened to me when I had a faulty tv outside of warranty and currys wouldn't exchange it.

BigAlinEmbra

1,629 posts

98 months

[news] 
Monday 14th February 2011 quote quote all
You could always cancel your direct debit and tell Orange to take it up with your bank.

See how they like them apples.

Simond S

4,240 posts

163 months

[news] 
Monday 14th February 2011 quote quote all
What Consumer said:

June 30th, 2008 • Related • Filed Under

Buying Goods
Tags: Consumer Rights • sale of goods act
The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.

Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights. See our section on guarantees and extended warranties for more info.

.
There is a secondary thought. If the phone was offfered as part of a long term contract unless their is an option to replace the phone without incurring a further contract it is fair to assume that the phone is expected to have a life of the contract term.

This was tested and won with regard to office equipment. I cannot see any reason why a mobile device would be any different.

S 8 GRN

1,093 posts

129 months

[news] 
Monday 14th February 2011 quote quote all
I worked for Orange for 7 years during which time I dealt with many issues such as this.

My understanding at the time was as follows:-

30 days or less and the responsibility rested with the network to replace

30 days or more and you deal directly with the handset manufacturer however you should not incur any costs in doing so and if requested you could leave your handset with the store and they would either post it off or hold it for a courier to collect. The retailer must be seen to be supporting the customer however their was no obligation to change in store.

30 days was deemed a reasonable length of time.

Things may have changed now - I've been out a few years.

norman156

Original Poster:

2,040 posts

82 months

[news] 
Tuesday 15th February 2011 quote quote all
The consumer direct site is a little vague on dates, from the sounds of it I might just have to go back to the manufacturer? Whether it Orange's policy complies with the law or not, it's still a pretty crappy policy given that I've got a two year contract with them and this is the hassle I'll have to go through for 75% of the contract if the thing breaks. Which it will do, because in my experience modern phones are temperamental little bds!

What's most interesting about this is that someone from Orange would join the forum just respond...
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