Rights related to "free" mobile phones

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Patricia

New Member
Mar 2, 2009
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I have a contract with Orange where they provided me with a free Sony Ericsson K850i handset. I am about to receive my third handset as the previous two have been faulty. I have asked if I can get a different make &/or model of handset as a replacement as there are clearly problems with the existing type of handset. (My friend is on his 4th K850i handset as he has had similar problems)

Orange has advised me that the device does not form part of my contract with them. I know what my statutory rights are with regards to the Sale of Goods but as this was a "free" handset I am not sure if these rights still apply.

Can anyone provide me with advice?
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Patricia,

They might be correct, did you buy the phone directly from Orange or was it from a reseller e.g. phones4u, Carphone Warehouse? If so, the contract of sale will be with them and not the service provider. If Orange did provide it then you are covered under SOGA.

Let us know how you get on

Kind regards,

Tony
 
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Patricia

New Member
Mar 2, 2009
2
0
0
Thanks Tony, I think the point that Orange are making is that they provided the handset free, i.e. I did not pay extra & the contract clearly states that the device is not part of the contract. The handset was provided to me directly by Orange.

Regards

Patricia
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Orange Complaint

I am with Orange and when I upgraded last I had to pay £20. There was offer and acceptance and a contract of sale - i am covered by the Sale of Goods Act.

You are right about the terms, it does say that devices are excluded. However, there must be some contract otherwise you could have cancelled the contract and kept the phone as a gift. Do you have anything?

If I were you I would escalate your complaint:

complaint handling process
If you want to make a complaint, firstly you should contact customer services using the details in the contact
section at the back of this booklet and speak to us to discuss any problems you may have. In most cases
your query will be answered immediately. If you have an issue which is not resolved then you will have the option
to discuss the issue with a Customer Service Team Leader and if still unresolved a Customer Service Manager
alternative dispute resolution procedure
If after contacting us we have not resolved your complaint to your satisfaction within 3 months, or if you have
received a letter from us saying that your complaint has reached “deadlock”, you may make a complaint
through CISAS. CISAS will not consider any complaint until one of the conditions for referral has
been met. CISAS is an independent alternative dispute resolution scheme which has been approved by Ofcom.
Details of the service are available by contacting Orange customer services or CISAS at the following address.
Communication and Internet Services Adjudication Scheme (CISAS)
The Chartered Institute of Arbitrators
24 Angel Gate
City Road
London
EC1V 2PT
Tel: 020 7421 7432 Text Phone: 020 7242 5643
E-mail: info@cisas.org.uk
Web site: www.arbitrators.org/cisas
Alternatively, your local Citizens’ Advice Bureau or Trading Standards office may be able to help –
please contact them directly.
Click to expand...
From http://www1.orange.co.uk/documents/regulatory_affairs/orange_consumer_codes_of_practice.pdf
Problems with your mobile phone | Ofcom

Tony
 
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