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Read my earlier post -
Orange will not levy the £15 insurance claim admin fee on any replacements made for faulty phones when the fault was reported within the 6 month period
The fee will be charged on any faulty replacements made by Orange after this point, as well as any lost/stolen/damage insurance claims made at
any point.
Basically the 'contract' part is referring to the contract which you enter into when you buy goods or services from a seller (e.g. Orange), this contract governs the goods themselves, among other things, so the goods must conform to the standards outlined in said contract.
Anyway, thank-you for bringing that page to my attention, it will certainly come in handy for the now-mainstream "I know the law, my cousin is a barrister" customer rant.
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Posted: 2003-08-19 01:56:42
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Orange will start to charge £15 now if a handset is sent back if reported faulty, but isn't.
They won't charge just £15 to replace the phone for this reason.
More like £30 with insurance or £75 just for the equipment & no insurance or if the claim is not covered by insurance terms.
This applies to lost/stolen/damaged & faulty goods.
For faulty goods, they will be refered to point of purchase or manufacturer.
It's the customers choice to pay for the replacement &/or buy insurance to be covered in the future.
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Posted: 2003-08-19 02:19:16
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@jonbob - Like I said, if I have a faulty handset (that goes wrong in month 7) I believe that Orange should deal with it, FOC if I bought it from them direct.
@orangeman - Orange seem to do what they think is right, just like a lot of retailers. The fact is that if you bought the handset from them and it's faulty, they cannot refer you to the manufacturer - even if you don't have phone insurance. This is what the law says.
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Posted: 2003-08-19 09:12:06
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@bossjohnc
I work for for mobile company and I have to say you would be an absolute *nightmare* of a customer to deal with.
My companies procedure is this:
You either buy insurance, which covers you against damage/loss/theft etc. When you claim on this insurance, for whatever reason, you pay an excess fee. Which is kind of what Orange are doing in a indirect way.
Or, we send you a jiffy bag to send of to a repair company we recommend to be fixed/replaced under warranty.
If you had no insurance and your handset breaks down in month 7, you either go direct to the manufacturer (number in the manual if you bother to look) or we'll send you a jiffy bag - simple.
When will people realise that Orange are still offering a *great* deal? The only people losing out will be the ones taking the piss.
~Eva
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Posted: 2003-08-19 11:19:00
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Quote: @jonbob - Like I said, if I have a faulty handset (that goes wrong in month 7) I believe that Orange should deal with it, FOC if I bought it from them direct.
Forgive my frankness, but what you want is immaterial, the law stipulates 6 months. Orange aren't bound by what you
think they should do, but rather by what the law says they
must do.
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Posted: 2003-08-19 13:12:20
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http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
Q6. Is it true that I have to complain to the manufacturer?
No. You bought the goods from the trader, not the manufacturer, and the trader is liable for any breaches of contract (unless he was acting as the manufacturer's agent).
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Q14. What will the "reversed burden of proof" mean for the consumer after the Directive 1999/44/EC is transposed?
From 31 March 2003 and the coming into force of The Sale and Supply of Goods to Consumers Regulation, it will mean that for the first six months the consumer need not produce any evidence that a product that has shown a fault was inherently faulty at the time of sale.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may point out impact damage or coffee stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
After the first six months the onus of proof is again on the consumer. It is also always on the consumer if they are seeking an immediate return of their money "within a reasonable time" or if they are pursuing damages.
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@jonbob
The reversed burden of proof is the only thing I can see which mentions 6 months.
As far as I can tell, you are saying that prior to March 2003, the customer basically had no rights whatsoever, and if he/she didn't have insurance, he/she shouldn't have the nerve to ask the trader (in this case Orange direct) to sort it out!
I still beleive that what I'm saying is correct, and I would like to say something else.
I own my own business, and I think these laws are a nightmare - small businesses can be screwed over far too easily by dishonest consumers, and huge manufacturers who don't want to know. Ask any small business that deals with consumers.
However thinking that these regulations are slightly unfair does not make them go away!
The law says that if I have an original fault, the dealer/trader/seller is responsible for up to six years. Not six months.
@Eva
Yes, I agree that a customer using their full rights would be a nightmare - see my point above. I don't like having to deal with them, but I have to because the law says so. And the law doesn't just apply to small businesses, it applies to large ones like Orange too.
_________________
I think, therefore I have a headache.
[ This Message was edited by: bossjohnc on 2003-08-19 12:38 ]
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Posted: 2003-08-19 13:30:40
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