Vodafone & faulty Blackberry Storm

[mikeymay]

I have had a Storm since Mar 09 and all was well until the screen went about 4 weeks ago.

I phones Vodafone and they sent me a refurbished unit which I wasn't too happy about but as long as it worked and it was in decent nick, i.e. screen not scratched, I was happy to accept this.

The new (refurbished) phone has now developed a similar fault. Only half the screen works and I have asked Vodafone to replace with a new handset rather than a refurb which they say they can't do.

Now how do I stand with regards to this? I am happy with the Storm, but I'm not happy that my refurbished unit has developed a fault after about 5 weeks. Is there a number of times they will send a refurbished unit before replacing with a new phone? Also, if they continue to develop faults would I be in breach of contract if I ask to cancel the contract before the 18 months is up?

I am aware that an item must be fit for purpose and if it is constantly developing a fault they surely it's not fit for purpose???

If anyone has had a similar experience with VodaFone I would be interested in hearing about it.


Thanks

[richcandy]

Hi

I will try and answer your questions as best I can, however the first thing I would say is that you need to speak to Vodafone and try and get the issue resolved.

"Is there a number of times they will send a refurbished unit before replacing with a new phone ?"

Not as far as I know. However please remember that with Vodafone a refurbished handset does not always mean one that's had a fault and been fixed. It can just be a handset that's been returned under the 7 day cooling off rule.

"Also, if they continue to develop faults would I be in breach of contract if I ask to cancel the contract before the 18 months is up?"

You are free to cancel the contract at anytime however you would have to pay a cancellation fee. (your minimum monthly payment x the months left on the minimum contract term with an adjustment for vat) The fact that you have had two issues with faulty handsets does not give you the right to end the contract early. So yes you would be in breach of contract. Also the handset has not really got anything to do with the contract. You are free to sell the handset that comes with the contract, or to use, or to give it away or even give it to the dog as a toy. If you were in breach of contract Vodafone would be after you for the minimum monthly fee x the number of months left on the minimum term not the handset as they have no interest in it.

"I am aware that an item must be fit for purpose and if it is constantly developing a fault they surely it's not fit for purpose???"

(I am sorry but I am going to make you unhappy here.) The not fit for purpose rule and the distance selling regulations are quoted all the time. However what people forget, ignore or are just not aware of is that there is a condition to both of these rules called acceptance. We as consumers have the right to refuse goods if we have not had a chance to examine them under the not fit for purpose rule and or the distance selling regulations. So if we have had a chance to examine the goods then we are deemed to of accepted them and waived our rights to a refund. The amount of time we have to examine the goods is always open to question. However if we buy something in a store then its normal that we waive our rights under the not fit for purpose rules as we walk out the door. Goods bought over the internet by mail or over the phone is another story with some retails saying the moment you open the box you have accepted the goods and others saying you have 7 days.

However if something like your Storm breaks it does not mean that you don't have rights. You do!!! If you are still under contract then you have a warranty on the handset. Vodafone should exchange your handset as many times as needs to be done, but they don't need to let you upgrade early, cancel the contract or anything else

Alex