Just upgraded contract, got K850i, hate it, is it [insert auction website here] time?

Tetsujin

Tetsujin

Tetsujin

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Howdy,

First off, I've had a bit of a search and found this thread from Richdog with a couple replies from Blackhorse which I think pretty much answers the question I had, but I just wanted to check. Hopefully someone can confirm...

I've been with Orange for years, and upgraded my contract to a dolphin35/18month on saturday in my local Orange shop. I went with the SE k850i, because aside from the downsides (coming from a w880i it's massive, for a start, and that weird nav button setup...) it apparently had a great camera. I get it home and play with it, find that the camera is shockingly naff, research the tubes and find it's a common gripe (particularly the flash being hard to get any sort of decent results with), and decide I've had enough. Was a mistake going for the k850i, I don't like the size, the nav key, even if the camera was ok i'd rather not have it. SIM goes back in the w880i and I plan to return the k850i.

Which is where I've come unstuck. The guy in the Orange shop tells me that as it's an upgrade and I only want to return it because I don't like it, not due to technical fault, that I'm stuck with it (even blagging that the camera crapness is a 'fault' doesn't work, as they only replace with same handset). Called 150, Orange's call centre, and they said the same thing.

Is there any legal recourse here, or are the two orange people (and Blackhorse's replies from the linked thread) correct? Do I need to head to [insert auction website here] and if so, has anyone sold a phone in this way before and could offer me advice? Like, are there any specific 'legalese' phrases i'd need to use in the ad, given that the phone's been opened and used, to make sure i'm not done for unfairly representing the thing, or anything?

Thanks!
 
they should have told you in the shop that as its an upgrade its not returnable unless its faulty. they HAVE to tell you that so i was told when i upgraded my orange contract. it'll be in your terms and conditions as well.
 
In fact, any purchase from the Orange store (not just upgrades) is now non-refundable except when faulty!! Long gone are their 14-day refund guarantees etc. You can't even exchange it to another handset :eek:
 
jhmaeng said:
In fact, any purchase from the Orange store (not just upgrades) is now non-refundable except when faulty!! Long gone are their 14-day refund guarantees etc. You can't even exchange it to another handset :eek:
Click to expand...

If you get a new contract there is still the 14 day cooling off period, I did this about a month ago.

When you auction it just list it as an unwanted upgrade.
 
Was going to say if you took out a new contract then you have a 14 day cooling off peroid.

Someone else might no better but surely when you get a new phone you get tied down to another 12 months so technically you must sign a new contract.
Thats my understanding no doubt wrong mind!
 
mr_x_plosion said:
If you get a new contract there is still the 14 day cooling off period, I did this about a month ago.

When you auction it just list it as an unwanted upgrade.
Click to expand...
Hmm. Must have been an over-enthusiastic shop assistant then. I just remember being very surprised, after their previous policy which seemed so liberal!
 
i know how you feel. Used a w910i for about a month and have finally given in and put my sim back in my w810i It's just a better phone is many ways. Time for ebay ......
 
my mate is checking the actual legality of this with people on alt.uk.legal so if you want to wait a bit i may have a more positive take on it
 
Shops in person generally have absolutely no legal obligation to accept a customer's return, unless the product is faulty or not fit for purposes in some way. In other words, they are within their rights not to accept a return where you just change your mind (or simply don't like the phone but not because the phone has an actual fault).

The definition of a fault might be quite loosely defined, and it would be up to them to prove that it's not faulty in the first 6 months of the product's life, but I'm not sure what the exact position would be regarding an upgrade (since you're an existing customer).

So my suggestion to you is, to start looking for a fault with the phone :)
 
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