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Anonymous
Posts: 0

Handsets supplied with contracts

Well, out of my 400-odd posts I've only ever asked 2 questions so here goes...

I've never found the definitive explanation of exactly where we stand regarding phones supplied with contracts, o2's and our legal obligations.

For example, I upgraded to a Tocco last August, but sold it in November to buy a SIM free Diamond.

Now, strictly speaking, was this allowed? When does the handset become our property? At the start of the contract? After 9 months, when we can start reducing our tariff, or at the end of the minimum contract term?

Also, what obligations do o2 have regarding faulty phones? I believe there's a 14 day cooling off period, where you can return a handset, but I've read on this board varied opinions as to guarantees.

Does o2 guarantee the handset for the life of the contract, or is the guarantee purely the one provided by the manufacturer as standard (which may be 12 or 24 months depending on the brand)? At what point do you stop being able to get a new replacement and have to make do with a reconditioned phone, and at what point does the phone have to be sent for repair?

I know these answers are maybe scattered round this board and the o2 site, but I just wanted to pull together opinion in this one thread to aid my understanding, and hopefully help others.

Opinions and links if possible would be welcome.

Thanks

SV
Anonymous
Posts: 0

Handsets supplied with contracts

As far as i know, the handset is yours when you take up a contract and what you do with it, is up to you. the gaurantee of the handset will be for the length of the contract.

if you have got a new handset as in started a contract or an upgrade, if you got this over the phone or online you have a 14 day return policy, at the stores i am not sure about the 14 days, if handset becomes faulty within the first 28 days you are entitled to a brand new replacement unit, after 28 days it would be a refurb replacement or a repair.
Posts: 27,020
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Registered: ‎29-07-2008

Handsets supplied with contracts

[ Edited ]
You raise some interesting points here, take a look at this link:

http://www.consumerdirect.gov.uk/after_ ... s/mobiles/

which I think is quite helpful.

I believe the phone becomes yours immediately, due to you agreeing to fulfil a contract for a set period, even if the phone is free. If you break your contract they come after you for outstanding payments, but not the phone. I also believe the guarantee only runs for manufacturers period, not sure on that. It would seem a bit off if a phone went wrong out of guarantee and you still had to pay, but I think this has happened to some people.
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Anonymous
Posts: 0

Handsets supplied with contracts

People need to realise that although the phone is supplied with your contract, it has nothing to do with your contract. o2 are selling you a phone, sometimes provided for free and on top of that you sign a contract to let you use their airtime. If you got a free PS3 with your phone, like with Carphone Warehouse etc, you could sell that immediately and you wouldn't think twice about it but it is no different to being supplied a phone and selling it!

The phone is your property, do what you wish with it. As for the guarantee, it isn't really very different to buying a washing machine. If you bought it and it was faulty you would take it back! I didn't click the link but I think there is a rough time period where they need to offer repairs etc. Hope that helps!
Anonymous
Posts: 0

Handsets supplied with contracts

Thanks for the replies so far.

supergtaz, that's exactly the subject I wanted to touch on, as lots of people seem to think that the handset and contract are inseperable and if the handset is faulty and has to be sent away for repair, then o2 should give them money back as they are not using their inclusive minutes. Or if the phone is faulty they should be able to cancel their contract with no penalty.

If o2 really do guarantee the phone for the life of the contract, this makes this seperation less clear. If this is so, o2's guarantee is longer than most manufacturer warranties.

When I upgraded with CPW, I was told specifically that they were selling me the phone only, and that the new contract I'd signed up to was directly the responsibility of o2. I was already an o2 store customer, so this may be different if someone was a new o2 customer signing up in CPW.

So, from these replies, I believe I am in the right in selling an o2 provided phone or in my case a CPW provided one (as long as I stay with o2 for the minimum term, which I an obliged to do).

It's also my prerogative to buy an o2 PAYG or SIM free mobile with which to access the o2 contract services I pay for. However, it is my responsibility to ensure the device I use is compatable with those services.

SV
Posts: 27,020
Topics: 247
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Registered: ‎29-07-2008

Handsets supplied with contracts

Also found this in the T & Cs.

Warranty

Unless otherwise stated, all equipment purchased from this website is covered by a 12 month manufacturer's warranty from the date that it is delivered to you. In the unlikely event that you experience a fault or defect with your equipment in the first 12 months following purchase please contact mycare@o2mail.co.uk . This does not affect your statutory rights.
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Anonymous
Posts: 0

Handsets supplied with contracts

The only handsets not covered under warranty for the full term of the contract are the Iphones and Blackberrys. All the others will be covered regardless of the term you take it over.

The handset is yours as soon as its in your hand but thats been covered.

Recently there is a poster staying that o2 are ignoring peoples rights to replacements and spouting about the sale of goods act. What that poster is forgetting is that as a retailer, o2 have the right to repair or replace, its up to them which they decide to do.

Sale Of Goods Act says this:
within a reasonable time from purchase (usually just a couple weeks) the company can offer three remedies:
repair
replace
refund (14 day money back)
the remedies have to be a joint decision where it has to be least inconvenient to the customer and least expensive to the company.

after this short period the company only have to initially offer two remedies:
repair
replace
if they however don't repair or replace the product within a reasonable time or the repair is unsatisfactory then the customer can ask for a refund.
Anonymous
Posts: 0

Handsets supplied with contracts

As perksie shows that the T&C's state o2 abide by the manufacturers warranty, if, as wanty says, the guarantee is for the life of the contract, does this mean o2 are guaranteeing the phone under different terms after the 12 months is up?

Just looking for hard and fast rules, here, which was the reason I raised this thread Smiley Happy

SV
Posts: 27,020
Topics: 247
Solutions: 1,614
Registered: ‎29-07-2008

Handsets supplied with contracts

Good point from wanty, but I have scoured the T & Cs and can't find that anywhere.
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Anonymous
Posts: 0

Handsets supplied with contracts

Good point from wanty, but I have scoured the T & Cs and can't find that anywhere.


Do you mean about it being for the life of the contract?

I think it ties into the "unless otherwise stated" thing, when you sign up to a new contract or upgrade you will be told that it includes warranty for 18m or when you receive the contract in the post it states it on there so I think they default it to 12m on the T&C's because there are still some people on 12m contracts.

Basically, if I take a Blackberry on an 18m contract then it will be covered for 12m.

If I got a Samsung on the same contract, it would be covered for the 18m of my contract.

All phones get sent off to 1 place for repair and that is why o2 can offer 18/24m warranties, however with Blackberrys they get sent to Rim and Iphones get sent to Apple so o2 can't offer any extra on top of that because they're the only people that repair them.