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> Money back on Vodafone upgrade at The Link
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Hi, i upgraded my phone from a T39 to a T610 the other day at The Link. Got it home, its got the hissing problem. I thought id take it back and get my money back and wait a little bit untill the problem is sorted.
I go into the shop only to be told that i cant have my money back only a replacement because it was an upgrade and Vodafone wont allow them to give fefunds. Is this correct or are they just trying to get rid of me? Its not that i dont want the phone its just faulty.
The staff in The Link didnt seem to know anything about the problem and had a new one out almost as soon as they saw what i was bringing back which seemed a bit odd. Anyway, the new phone also hisses as i thought it would.
Should i take it back for another replacement or try to demand a refund? The staff in the shop were extremely unhelpfull, almost rude.
Love the phone but hate the Voda customisation.
Thanks for any help.
Jamse
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Posted: 2003-06-09 20:14:53
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First off I hope you learned your lesson and will never go to the link again cause it is the shitest phone shop out there.
Sounds like you may be entitled to a refund seeing as the product isn't really fit for what you bought it for. Go for a refund then get a non branded one without hissing.
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Posted: 2003-06-09 20:20:16
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Companies can be a bit funny with upgrades. I remember this time last year when i upgraded my 6210 to a T68 (it was orange- forgot to mention that), they wrote in big letters across the invoice, upgrade, no refund.
My advice would be to check your receipt, invoice or contract if you renewed it, if it mentions anything about it
[ This Message was edited by: macfan on 2003-06-09 21:18 ]
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Posted: 2003-06-09 20:24:11
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Yeah, i have leant my lesson. Ill never go back to The Link. I thought it wouldnt be a problem, i knew exactly what i wanted and just went to the nearest shop. Oh well.
Ive checked my recipts and all other information that came with it and nowhere does it say that i cant get a refund from an upgrade. The closest i get is 'If the fault occurs withing 28 days of purchase we will be happy to offer the alternative of a refund if you do not want an exchange'.
Ill guess ill just take it back again and try for a refund
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Posted: 2003-06-09 20:38:42
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i think its only t-mobile that say: no refunds when upgrading, especially when i was asking them about t610s hissing
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Posted: 2003-06-09 20:55:44
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Orange don't allow refunds on upgrades either - and i think O2 and Voda are the same, but don't quote me on that.
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Posted: 2003-06-09 21:40:34
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Shouldn't your rights as a consumer preclude this non-refund policy.
I'm no lawyer but, for example, in the case of the T610... if you upgrade to the T610 and you don't like the hiss and they cannot replace with another T610 that does not have a hiss and you don't want any other phone... then surely they must give you a refund.
Surely the much discussed 14 day return period should also be available as it is a new contract you are signing.
The only real advantage in an upgrade is you keep the same number. Had you bought the phone as a new number you would not have this issue?
Like I said I am no lawyer but usually these kind of things come down to common sense... or do they?
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Posted: 2003-06-09 21:53:48
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Nope, with upgrades it is specified somewhere in the contract (or just by verbal agreement? but i doubt it) that refunds are not possible.
The whole 14day return policy on new contracts has nothing to do with 'trying the phone out'. It's actually 'trying the network & the financial commitments out'. You may think the opposite, and treat it as such, but it's not. They lose vast sums of money on the value of each and every phone you return, the 14 day thing is the legally provisioned 'cooling off' period from having signed a credit agreement. You can thus return with that period having decided that you cannot keep up within the required monthly payments, etc, and cancel the agreement - also allowing you to give the phone back.
However, on an upgrade, you are no longer trying out the network. You've been with them for a year, (well, at least one billing cycle, i.e. a month or so), so are expected to have become familiar with the financial commitment. You therefore have no legal recourse for a 'cooling off period' anymore, as you are just extending an existing agreement. Thus no returns available.
Voda are not required to give you a refund. They must replace with a new one of the same model if you have a faulty one, or get the one you have repaired after 28days. However, if you have persistant problems & keep returning with it, they are likely to offer you a different model handset instead.
_________________
>>>Current: P800 (+BT200) & T610
Previous: 6610; A830 (3G); 7210 + HS-1C; 7650; 6310i + HDW-2; 8310; 6210; 3310; 5110; Analogue Moto.
[ This Message was edited by: simion_levi on 2003-06-09 21:04 ]
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Posted: 2003-06-09 22:01:34
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ok, so the advice on upgrade is to choose wisely!
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Posted: 2003-06-09 22:04:40
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Yup, i'm sure plenty of people are caught out by this! Being led into believing they have the right to 'try out' these expensive new gadgets when signing a new contract is wrong, but that's the only way they can do it really.
It'd be better if on signing a new contract, you were given your SIM card and a 3310 on loan, for example! You'd then go off and use it for two weeks, then return the 3310 to them. You'd then have the choice of cancelling the contract, or keeping it and purchasing a brandnew modern handset to use your contract on (perhaps with price agreed before loaning the 3310, for example - so you didn't get fleeced on the phone price after trying out the financial commitment!)
Clearly this would never work, as many people want a mobile for the gadgetry & looks, and thus would never get a new contract if they couldn't immediately get their hands on the new phone. It'd make it fairer on the retailers though*!
* Not that i especially have their interests at heart.
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Posted: 2003-06-09 22:10:41
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