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Level 1: Joiner
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Registered: ‎09-04-2012
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O2 Immune To Sale Of Goods Act 1979 (amended)

Over the past weeks dealings it has become clear to me that O2 for some strange reason think they are above or immune to the UK Sale Of Goods Act 1979 (amended). Neither do any of their employees seem to understand the legislation but go as far as to penalise consumers that actually do in a I don't want to get myself in trouble with my boss fashion.

 

After my iPhone broke due to a faulty battery pack i have been fobbed off continuously by O2 staff at all levels referring me to Apple under a Sale Of Goods Act claim which is misinformation on O2’s part and completely incorrect trading behaviour for a uk company.

 

Reality Check: O2 you are not above the law nor do you seem to operate within as you claim or do you understand uk legislation and how to properly respond to a Sale Of Goods Act written request.

 

A blog post I made recently shall hopefully enlighten O2 staff and customers alike to what the Sale Of Goods Act 1979 (amended) actually is and how it can be applied and must be responded to.

 

http://stuartduff.com/faulty-iphone-o2s-complete-disregard-ignorance-of-sale-of-goods-act-1979-09042...

Level 1: Joiner
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Registered: ‎09-04-2012

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

[ Edited ]
This doesn't surprise me at all. O2 customer service are awful. They may be UK based but it sounds like they haven't got a clue about UK law. It's perfectly reasonable to expect a phone on a 24 month contract to last at least last 24 months!
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Registered: ‎14-08-2008

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

I see posts about Networks 'not knowing' the sale of goods act on all the forums, so you will probably find jumping ship will not bring with it any advantages.

 

As far as Customer Services are concerned O2 are constantly on top in OFCOM surveys. So again, jumping ship may find you in a worse situation. 

To contact O2 click "Contact us" at the bottom of any O2 page, and click the service you need, or wait for "Live Chat" to appear.

Mobile since 1993
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Re: O2 Immune To Sale Of Goods Act 1979 (amended)

From what I've read, the process is being followed correctly: if the phone during the period of the contract has developed a fault then it is subject to repair or replacement subject to an inspection. That is within the T&C's and which is described in your letter.

 

However, I get the impression the OP is expecting an immediate replacement which isn't going to happen as the retailer has a right to determine the fault which they have done. Its usually 3 attempts at it before you're offered an alternative. Again, I would refer you to the T&C's of your original contract as there is usually something referring to the contractual obligations for the contract duration.

 

There are exclusions and batteries are one of those things in all phones and to quote Apple: http://www.apple.com/batteries/replacements.html you only have a one year limited warranty on a battery. The rest of the phone seems to be covered though. Keyword being "limited" and it is something that Apple needs to sort out given its a non-user replaceable item. Rather they have and its going to cost you...

 

Unfortunately even if you have treated your phone well, you would need to prove that it is an inherent manufacturing fault given its time in use is over a year without other issues.

 

BTW, Annovo don't have a good reputation on this forum and other posters have reported phones returned to them in a worse condition. Unless you have photographic proof or written proof when it was sent by o2 of its condition, its not looking good. Molst just bypass Annovo and go direct to an Apple store where they sort it out.

 

 

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Registered: ‎13-08-2008

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

[ Edited ]

A battery is deemed a consumable item and most warranties etc exclude them.

The fact apple have chosen to make it non customer replaceable is not a reason to claim breach as apple do offer a battery only replacement scheme, apple calim some 400 cycles is the life of the battery on there site replacement info here (as you state in your blog) http://support.apple.com/kb/index?page=servicefaq&geo=United_Kingdom&product=iphone

 

If a battery died in a nokia all you did was go and buy a new battery etc.

 

"

Charge Cycles

A properly maintained iPhone battery is designed to retain up to 80% of its original capacity at 400 full charge and discharge cycles. You may choose to replace your battery when it no longer holds sufficient charge to meet your needs." source http://www.apple.com/uk/batteries/iphone.html

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Registered: ‎09-04-2012

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

Thanks to all who have replied thus far it's very much appreciated and all opinions and information is welcomed Smiley Wink

 

This doesn't surprise me at all. O2 customer service are awful. They may be UK based but it sounds like they haven't got a clue about UK law. It's perfectly reasonable to expect a phone on a 24 month contract to last at least last 24 months! 

 Agreed and Trading Standards agree on this point as well.

 

I see posts about Networks 'not knowing' the sale of goods act on all the forums, so you will probably find jumping ship will not bring with it any advantages.

 The more research I have done regarding this subject it would seem all mobile carriers have the same approach in ignoring or worse misinforming, lying to consumers about their legal obligations / statutory rights under written and verbal Sale Of Goods Act complaints made from consumers. Carriers O2 included wrongly state manufacturer warranty expiration which is completley incorrect as manufacturer warranty has nothing to do with a Sale Of Goods Act written complaint where the responsibility to at least respond is soley with the retailer the goods were purchased from not the manufacturer of said product.

 

BTW, Annovo don't have a good reputation on this forum and other posters have reported phones returned to them in a worse condition. Unless you have photographic proof or written proof when it was sent by o2 of its condition, its not looking good. Molst just bypass Annovo and go direct to an Apple store where they sort it out.

 This is a worryng fact that I have also become aware of surrounding Anovo UK, luckily I had the good sense to take detailed pictures of the phone before returning to O2 with my Digital SLR camera that clearly show no visible damage / scratches and a screen protector fitted etc. I learned this from my mistake with a laptop repair some years ago where the repaired item was returned with a pixelated screen after repair, with that instance I had no photographic evidence though to support my claims. Smiley Wink

 

A battery is deemed a consumable item and most warranties etc exclude them.

The fact apple have chosen to make it non customer replaceable is not a reason to claim breach as apple do offer a battery only replacement scheme

 

Apple offer a battery replacment service for what I think is a reasonable sum of £55 inc VAT compared to Anovo UK charging £119.95 for the same procedure. O2 obvioulsy do not alert consumers to this fact though Smiley Wink

 

As i explained in my blog post whether the phone was repaired for free is now an inconsequential matter, my main gripe is O2 deliberately misinforming, lying to consumers and ignoring Sale Of Goods Act complaints communicated verbally and those submitted in writing.

 

Also the fact that I was penalised by an misinformed in-store manager who repeatedly professed to knowing consumer law better than myself or 3rd party professionals and being told she could no longer hold an open line of communication with me due to me researching and exercising my consumer statutory rights is now the main gripe i have with O2.

 

Whether my claim is wrong or right, successful or unsuccessful a company bound by uk law should not try to fob off consumers nor knowingly misinform them of uk legislation, they are at the least expected to act professionally at all times and at the very least be responsible towards and respond to complaints in a professional manner and in a timley fashion. Wouldn't you agree?

Level 3: Thinker
Posts: 116
Registered: ‎03-04-2012

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

Hi Stuart,

 

We take every customer issue seriously.  If there's an issue with one of our devices or products, we have various ways of being able to help to resolve as outlined here: http://j.mp/HEIedg 

 

We have also seen your tweet and will be contacting you to discuss this further

 

thanks,

 

Becky

Level 1: Joiner
Posts: 3
Registered: ‎09-04-2012

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

Hi Becky,

 

Thanks for the taking the time to reply in this thread it's appreciated and I look forward to speaking with you to discuss this matter further.

 

Kind Regards

 

Stuart

Level 1: Joiner
Posts: 1
Registered: ‎29-05-2012

Re: O2 Immune To Sale Of Goods Act 1979 (amended)

Hi Stuart,

 

I noticed that this is a month old now but I too am quite dissapointed with O2.

 

From memory before the iPhone came out, O2 has always provided a warranty period equivalent to your contract period. It sounds like they have now changed this rule (perhaps only to the iPhone) because they now have an added product to sell which extends the warranty period - I do not think this is right because it sounds like they are changing it to their benefit to sell something that should already be given (hence why Apple is being fined for €900,000 in Italy as well!)

 

If for some odd reason your Act of Sale of Good does not go through, you could argue that O2 has a constructive obligation to provide the warranty service as it has historically done so with other phones (I think they still do for non iPhones!

 

Hope this helps.