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nope i'm 100% correct.
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Posted: 2007-11-12 20:34:12
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Read the terms and conditions carefully. They don't care if you activate your iphone or not --- you must return your iphone within 14 days if you got it from O2 or Apple and you must return your iphone within 7 days if you got it from Carphone.
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Posted: 2007-11-12 20:37:17
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Nice little edit off the t&c's you did they're.

10 Important –Your right to change your mind
10.1 In addition to any other rights you have, and subject to paragraph 10.3 below, you may cancel this Agreement without liability for the remaining monthly subscription payments and return your Mobile Phone for a full refund:
(a) within 14 days from the date on which you received your Mobile Phone if you purchased your Mobile Phone from O2 or Apple; or
(b) within 7 Working Days from the date on which you received your Mobile Phone if you purchased your Mobile Phone from The Carphone Warehouse,
in either case described as the “Change of Mind Period“.
To do this you must return your Mobile Phone, undamaged, with proof of purchase, in the original packaging and complete with all the original parts, together with your email confirming failed activation if applicable, within the applicable Change of Mind Period to the store that you purchased from, or via the applicable returns procedure if you did not purchase in a retail store. If you did not purchase your Mobile Phone direct from O2 you will also need to notify us of the return by contacting O2 Customer Service. You may activate and use your SIM Card in your Mobile Phone to connect to the Network during this period, but you will be required to pay for the cost of any usage you make such as calls, texts or data, including roaming or other usage that my take longer to be billed.
10.2 You may also cancel this Agreement up to 14 days after the date that you successfully activate and we connect your SIM Card to the Network (the “Distance Sales Trial Period“) as long as you notify us in writing within this 14 day period, but you will not be able to also return your Mobile Phone. You agree that if you use your SIM card to connect to the Network during the Distance Sales Trial Period then you will lose your right to cancel within the Distance Sales Trial Period and you will be responsible for any Charges incurred.
10.3 If you were within the minimum term of an O2 pay monthly agreement at the time you purchased your Mobile Phone from O2 and O2 permitted you to switch to an O2 tariff for iPhone without paying a transfer fee in place of your remaining monthly charges, you agree that you will be transferred back to your previous tariff and required to complete your previous agreement if you cancel this Agreement within the Change of Mind Period or Distance Sales Change of Mind Period.
10.4 Nothing in paragraph 10 affects your statutory rights.

so in short, if i don't activate my iPhone and agree to the 18 month agreement i can return my used and unactivated iPhone at anytime.
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Posted: 2007-11-12 20:44:17
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If you bought the iphone from the Apple UK store, they have a general 14 days refund rule.

http://store.apple.com/Catalo[....]es/salespolicies_consumer.html
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Posted: 2007-11-12 21:16:30
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i didn't mention apple retail or cpw retail only o2.
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Posted: 2007-11-12 21:19:40
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On a side note, according to a london newspaper the iphone sold over 100,000 phones so far.
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Posted: 2007-11-12 21:24:28
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Based on reading the US launch, you need to activate the iPhone in order for it to function. It is a total brick without activation so you couldn't even take it home, try it and think, nope don't like it. Hmm, I wonder what the legality of that is? You cant try it until you commit basically.

Also, just thinking then, even if the iPhone was "unlocked", unless it was activated, you still couldn't use it. (assuming you hacked the activation as was done in US early on)



Contractual agreements between all three parties, O2 is the service provider exclusive, while Carphone is the retail exclusive aside from O2 and Apple itself. So, you won't find it at 4foru on T-Mobile for example.



Not yet anyway. I doubt it would be seen as cost effective given the cut of the takings Apple is taking.

Cheers,

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Posted: 2007-11-12 21:29:11
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I'm no lawyer, but reading the T&C you posted I don't think this is the case.

It would seem to me that you have a 14 day change of mind period from the date of purchase from O2/Apple and 7 days from CW. Within this period if you do activate and use the service, you will need to pay any outstanding charges. You will get a refund for the phone though you return.

Once the phone has been activated though, you have a further 14 days regardless of where you bought the phone to cancel. You will need to pay outstanding charges, BUT you will not be refunded the money for the phone. So, you would be left with a device you could not use in affect.

If you were originally an O2 customer and upgraded to the iPhone tarrif, then you would revert back to your previous tariff and conditions if you did cancel.

Weather you activate or not won't change the days you have as a change my mind period. If you don't activate after 14/7 days, the cooling off peiod would have passed, so in affect you have then accepted the 18 month contract, etc. You could probably cancel, but possibly not until you activated which would mean you would not get a refund on the phone. Not sure if you would need to "buy the contact" though as you have not signed up yet, not sure have O2, etc would spin that. Anyone with other thoughts on this?

Cheers,



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Posted: 2007-11-12 21:46:06
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just tested an iphone with latest sw fersion. I love it !!!! But i`ll keep my k800 and p1 until something new appears. I really need some AIO device, and iphone isn`t that kind of device. Like the future P5...
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Posted: 2007-11-12 21:47:35
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I know i'm correct because i spent two hours of my friday night in a meeting discussing this very fact.

No agreement, means i can return it when i wish.
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Posted: 2007-11-12 21:50:31
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