Galaxy S4 cracked screen on delivery

[Anonymous]

Extremely displeased with O2 right now, I received my new Galaxy S4 on Tuesday with a crack on the screen not really very visible. The phone itself worked apart from the battery life didnt seem to last very long at all, jumping from 100% battery levels down to 80% after a few minutes on a call (wasn't even 5 minutes).

I called O2 a couple of days later to discuss what could be done about it, but they refused saying it was impossible for them to say whether or not the product was actually damaged on delivery - if it was damaged by me / dropped there would be other physical problems and you would be able to see or the problem would be on the outside of the glass rather than underneath. After over an hour on the phone and being told it was not possible for the phone to be exchanged because I didnt call them up in the first 24 hours, dispite the contract allowing me 14 days to return the product. No where does O2 advice you that you only have 1 day to return the product if it was damaged on delivery. Now im being told my only options are to take it into the store and fork out the repair costs, trade in the phone to a recycling centre and buy a new one myself, or buy out the contract and buy myself a new phone. All of which means I would be spending near £1000 on one phone. A member of the O2 complaints also suggested that it might be possible for me to pay the repair costs and then they give me a refund on the costs, but this hasn't been guarenteed.

Having being with O2 for over 5 years now, im extremely disappointed in this. If I knew I had to report the problem within 24 hours I would of made sure I did this rather than waiting for a more convient time for myself, since I was under the impression that I had 14 days. Again, there is no indication of this rule in the contract, terms and conditions or the packaging slip - all of which indicate 14 days. The Unfair Terms in Consumer Contracts Regulations 1999 makes it clear that any contract term that attempts to exclude or restrict my statutory rights will be unenforcable - yet here I am 3 days after receiving a faulty phone unable to do anything.

This doesn't seem like a problem that is specific to me, looking around the web and this seems to be a general problem with the Samsung S4. Though other networks seem to be able to do an exchange for the user and solve the problem.

[Anonymous · Accepted solution]

...and yet another instance of why I always go into a shop to upgrade ratehr than rely on delivery men or recieving faulty devices!

Anyway, you are covered by consumer law here and you are within your rights to reject the phone and demand a new one. True, you should have called alot sooner than "a few days later" but I am surprised that even the complaints team arent helping much! Unfortunately becuse you signed the delivery note you accepted the phone and should have checked it before signing for it (but who actually does that? lol )

If you have any issues I'd speak to your local trading standards, but you should definitley be given a new phone

[Anonymous]

Hi,

The Sales of Goods act is your friend here. I'd be inclined to visit a store so that a rep can see the damage. Thus you can demonstrate how hard it was tosee therefore the goods were/are not of satisfactory quality . This is in addition to the fact that the handset was delivered damaged. If you don't have any luck then use O2's complaints process.

Jonty.

[Anonymous]

I thought that the sales good act and contracts regulations would be my friends here, but when I tried to explain this to the customer service representative and then to their supervisor, I was responded with laughter and a notice that O2 can decide what it considers faulty regardless of what the terms and conditions I've signed actually say. The supervisor continued to explain that not every policy or term needs to be in the contract and O2 can happily enforce other policies - like a difference between faulty and damaged, or only allowing a day between the delivery and reporting a faultly product.

I've tried the O2 complaints process via an online chat but the only solution they could provide me was that I would have to pay for the repair and they would negotiate after and possibly pay the repair cost or some of it - this was estimate at around £300. Which after having just paid off my old contract so I could upgrade early, is not really something I can afford.

At this rate I wish I had just bought the phone out right from Amazon, where I would of been able to get a refund or exchange no questions asked - as our so called statutory rights dictates. 

[Anonymous]

Hi there,

My advice would be to visit a store so you can talk to someone in person and see how you get on. Given you were presented with laughter is utter dreadful customer service and regardless of the fault or basis behind it there will be senior management who would not tolerate such behavior. You should note this going forwards.

O2 are not in a position to doctor or tailor the law on a case by case basis so if you receive no progress then you'll have to seek further advice. Citizens Advice perhaps and even legal. If it comes to it most solicitors will offer a free consultation - and if they know legal action will be solid then they can take forwards and O2 will be spending more than the cost of a handset.

Store next though. All this online and email stuff is all very well but too easy to offer poor service -- it's not formal enough so talk in person.

Jonty.

[Anonymous]

Sorry, forgot to add that your case is challenging because the damage wasn't highlighted straight away, but if it's hard to see then another reason to see O2 in person so you can show them.

Jonty.

[Charlieboyoo]

I would go to a store and i would also put a complaint in about the treatment you have received.Thats a disgrace behaving like that.If the store refuses to help ya,seek advice from citizens advice bureau or legal.You bought a phone online and when it arrived you found it was damaged.Your statuary rights say you can return it because its faulty.You shouldnt have to pay a penny.they should replace it no questions asked.

[Anonymous]

£124.99 for a s4 screen repair/replacement via o2. Mine broke after 13 days and for the life of me i still dont know how it happened.. i now have an otterbox case on it