My 02 Rant

[GommeInc]

I guess. so far the only thing I keep getting is your fault/not our problem though, I find it ironic, a nice lady said on live help we should exchange it, go to the store, the manager gets all uptight, 'not her decision', 'its my store' ect :|

Then you tell him you're making a formal complaint and will be contacting O2 about his incredibly rude behaviour, maybe even tell this help desk lady that he's not helping and sucks at his job. The phone was broken in transit and that wasn't your fault. You can return the item. Print off the Acts listed by Johno and the big ape might reconsider his actions, and make sure you have your receipt to prove this.

[kk.]

as i said, go to another store then. I know it might be a bit far away but its worth it. Either that or again, as i said, ring and keep asking for supervisors

[Chippiewill]

Basically what the guys above have been saying, he WILL give in if you bring him sale of goods act and threaten to take him to small claims court e.t.c. No point shelling out £20 on something that could break your phone.

[Rapidshare]

The problem is that your mum is paying for it, She is the person who signed the contract and agreed to pay the bill.

She has to be the one to take it back, they cant return the money to you.

Bring yourself and your mum to the 02 Shop, sorted.

[Recursion]

Small claims court if they continue to refuse.

[Dean]

Don't bother trying to repair it yourself, tampering with it WILL void the warranty and ruin your chances of getting anything.

Just do what other people are saying, threaten to take them to court.

[Casanova]

This is really all you can do, phone everyone. Get really narky with them, if it's not your fault then don't give up. Just say the usual things - infact, tell them to cancel the contract, take back the phone (cancel the direct debit if it is paid by that), refuse to pay - and tell them you are going with someone else, that should get their attention a little.

Under the Sale of Goods Act you have the statutory right to return a faulty product and "the Sale of Goods Act now states that if a product develops a fault within the first 6 months, the assumption will be that the defect was present at the time of purchase and you should get an automatic repair or replacement." - The phone is clearly not fit for purpose and you should be demanding either a new phone/refund.

Actually, under the sales of goods act a retailer has to either repair the phone or supply a reasonable substitute. They don't have to "refund".
In my work, if it's within 28 days we'll see about getting the handset repaired there and then and if not an exchange. Afterwards we send it away for repair. We do NOT have to refund or exchange - especially with a broken screen. Sorry but we get it all the time...

"My daughters phone is broken. she didn't do it". After speaking with his daughter she admitted she dropped it. It happens all the time, the screen is broken and people deny it!

Unfortunately I think this O2 manager feels the same - Also when someone orders something over the 'net store's take nothing to do with it because it's a different side of the retailer; not through themselves. I think you need to take it up with whomever delivered the device, not O2.

Lmao, i have now given up with them, considering fixing it myself, from guides it don't seem hard, cant be harder than fixing/building a computer right?

And for the screen and tools I can get for about £20, so I might just do that.

You'll breach your warranty...

Don't bother trying to repair it yourself, tampering with it WILL void the warranty and ruin your chances of getting anything.

Just do what other people are saying, threaten to take them to court.

Threatening them with court won't make them want to help. The best thing to do is call the ONLINE customer services, they'll be more helpful. If they still deny liability contact whoever delivered the device.

This sounds cruel but... this is why you shouldn't order online? I'm under no doubt you didn't do it but it's hard to prove to others.