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Who is a mobile phone contract with?

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  • Who is a mobile phone contract with?

    Hello all, I spent a long time Googling before I came across this forum and I'm hoping you can help me!

    The situation is this:
    1. In December 2009, my wife bought an iPhone online from Orange.
    2. In May 2011, it started going wrong so my wife took it to the Apple Store to be looked at.
    3. They claimed that the phone was out of warranty (true) and showed signs of water damage so must have had something spilt on it (not true).
    4. After a fair bit of discussion it became apparent that the only way we would be going home that day with a functioning phone was to pay £139 for a repair (which actually took the form of a replacement), so this is what we did.

    As I see it, the phone was not sufficiently durable (as per Sale of Goods Act) as any moisture it was exposed to could only have come about as part of normal usage (humid countries, held whilst jogging, incidental raindrops, etc). The fact that it's out of warranty has no bearing on this. So I want my money back!

    If my wife had bought the iPhone from the Apple Store then I'd just go after them -- sue them for breach of contract under the Sale of Good Acts if need be. But she bought the phone from Orange on a 24 month contract, so I don't think Apple are even a party to the contract. Or are they?

    Basically, I'm confused as I don't know who I should be pursuing in the hope of getting my money back.

    Any advice very much appreciated!

    Thanks.
    Tags: None

  • #2
    Re: Who is a mobile phone contract with?

    If you consider the phone was unfit for purpose, then your argument will be with the shop you bought it from - ie - Orange.

    The Apple iPhone 4 has a major and well publicised design fault now known as "the grip of death." If you hold te phone and cover the bottom left hand corner you will suffer massive signal reduction and often total loss of signal. As Apple refuse to admit the fault, they are refusing to take any iPhone 4 models back. People are being told to hold it differently etc...
    Last edited by Caspar; 19th June 2011, 20:05:PM.

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    • #3
      Re: Who is a mobile phone contract with?

      Your contract is with Orange, not Apple.

      Comment


      • #4
        Re: Who is a mobile phone contract with?

        Am i right in thinking as long as the contract is active, that Orange is obliged to repair the phone or provide a replacement as part of warranty of contract? Kind of useless and unfair to have a 24month contract without a warranty that covers the total period. Apple only give a manufacturers warranty, which is different to the Contract warranty, so they were probably referring to their own limited manufacturers warranty and not the warranty provided as part of the contract by Orange.

        I would contact orange and inform them of the fault on the phone and as for a replacement handset.
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        • #5
          Re: Who is a mobile phone contract with?

          Hi
          I expect it's something you've already it checked out, but some details here in regards of Orange, if this applies to you.

          http://shop.orange.co.uk/mobile-phon...ngecaredetails

          Comment

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