OOB Failure - Vodacom's complete disregard for the CPA

[Riot2]

http://www.mybroadband.co.za/photos/...to=31765&cat=2
http://www.mybroadband.co.za/photos/...=31767&cat=500
http://www.mybroadband.co.za/photos/...=31769&cat=500
http://www.mybroadband.co.za/photos/...=31771&cat=500
http://www.mybroadband.co.za/photos/...=31773&cat=500
http://www.mybroadband.co.za/photos/...=31775&cat=500


@ahf: thanks

Note that there are finger print marks on the screen - it is a touch screen phone.
Also, I have tried my best to show the "physical damage" with the harsh flash on a close up picture on a shiney device.

[Riot2]

@ op...again...i cant make a accurate judgment as i cant see these scratches for myself. i personally would have sent the phone in of u were my client to see if they will approve it. also...stores that do not have technicians on site cannot make liquid damage or corrosion diagnosis.

@Ockie - That is EXACTLY my point - why should I sign a form that says "there are signs of abuse/misuse/physical damage/corossion/water damage" if there arent?

If I sign that stupid form, you techie could drop my phone in a glass of water - show that I signed for water damage and call it a day.

Thats why i crossed it out - but anway thats besides the point at the moment.

The main point is about what constitutes physical damage in terms of the 7 day replace vs repair rule.

[Ockie]

@Ockie - That is EXACTLY my point - why should I sign a form that says "there are signs of abuse/misuse/physical damage/corossion/water damage" if there arent?

If I sign that stupid form, you techie could drop my phone in a glass of water - show that I signed for water damage and call it a day.

Thats why i crossed it out - but anway thats besides the point at the moment.

The main point is about what constitutes physical damage in terms of the 7 day replace vs repair rule.

Demand that they send your phone in as a OBF. They do not have to give you a new sealed unit untill such time that the OBF claim is approved by Vodacom ARC. If they refuse...tell them you will put in a complaint against them with Vodacom. You may do this by emailing customercare@vodacom.co.za

[Riot2]

The vodashop are currently in possession of the phone. I filled in the OBF form but crossed out the above mentioned line.
They told me it would be rejected because I crossed that out - I am still waiting on them to get back to me now.
The staff are rude in the way they handle customers and try just brush them off, so as to quickly help/rip-off the next customer.

I emailed that address you gave me on Sunday already - nothing so far.
I posted on hellopeter (also on sunday at about 1pm) and got an automated reply saying I would hear from them within 24 hours -
no surprises here if you guessed that I haven't.

You can't make me sign a form aknowledging all the doom and gloom on the phone as a requirement before sending it in. Theres just no way for the customer to come out without been screwed over.

Because some shop clerk who (maybe) passed std 3 decides those marks (see photos) count as physical damage - they inform me I do not qualify for a replacement phone ( even when the phone will be found faulty) I will only get a repaired/refurbished phone. That is unacceptable to me and my rights under the CPA are been violated by vodacom.

I expected the following to happen

1) Phone returned within 7 days
2) Phone sent in (without me having to aknowledge abuse or any other dodgy things)
3) (If) The phone is found faulty (it doenst work, so it will. It just reboots before it finishes loading)
4) I get a brand new phone. (It is afterall what I paid for less than 7 days earlier) and NOT a repaired nor refurbished one. (why should I settle for this).

Yet this is what happened

1) Phone returned within 7 days
2) Shop clerk claims physical damage
3) informs me I will under NO CIRCUMSTANCE get a new phone
-> I will get either the same phone back, but fixed
-> I will get a replacement second hand refurbished phone if they cant fix mine
4) The options in 3 will occur subject to my signing an unfair line saying the phone is physical damaged/scratched/abused/misused/water damage/corossion damaged
5) I refuse to sign for all of that EXCEPT the scratches subject to saying that the scratches are minor and due to wear and tear
6) I am informed that even the options in 3) go out the window because I changed it
7) I argue some more
8) Phone sent in to get me out the store
9) Informed it will be rejected
10) Ignored on hello peter; vodacom e-mails
11) Waiting on store to get back to me

[DJ...]

Regardless of the outcome now, submit your complaint to the NCC. That attitude is pathetic and deserves to be smacked right back to the cart-and-horse days it comes from. I would demand to see the store manager and refuse to leave until he rectifies the situation for you. They cannot force you to acknowledge liability of the fault before submitting it to be tested for a fault. Fsck them and their menstrual coloured stores...

[Budza]

I had an OOB with MTN. Box & all returned on day 2 and new phone given within 10min. I was pleasantly surprised. Good luck with VC. Give em hell, and don't give up...

[Riot2]

A lady e-mailed as a result of the Hellopeter post. I now have a new phone. I bought a pouch and will carefully open the new phone on the bed and carefully put it in the pouch.

Its a pity that this had to be such a fight. The vodacom staff at the branch are rude (and still took 20 minutes to give me the phone) after the higher up (from hellopeter) authorised it.

This will be my last vodacom phone until I forget about how I was treated or one of the other providers give me an even worse customer experience (that will be quite difficult without them resorting to physically injuring me)

[droidx]

A lady e-mailed as a result of the Hellopeter post. I now have a new phone. I bought a pouch and will carefully open the new phone on the bed and carefully put it in the pouch.

Its a pity that this had to be such a fight. The vodacom staff at the branch are rude (and still took 20 minutes to give me the phone) after the higher up (from hellopeter) authorised it.

This will be my last vodacom phone until I forget about how I was treated or one of the other providers give me an even worse customer experience (that will be quite difficult without them resorting to physically injuring me)

I would have requested that the contract upgrade be terminated. I can't stand these guys taking advantage like this. I would much rather spend my money somewhere else.
I do not understand why we need to resort to hello peter to get standard service.

[Riot2]

I thought about cancelling it outright - but I had already wasted enough time and energy on it.
Wasn't worth any further emotional drain.

[Slootvreter]

A lady e-mailed as a result of the Hellopeter post. I now have a new phone. I bought a pouch and will carefully open the new phone on the bed and carefully put it in the pouch.

Its a pity that this had to be such a fight. The vodacom staff at the branch are rude (and still took 20 minutes to give me the phone) after the higher up (from hellopeter) authorised it.

This will be my last vodacom phone until I forget about how I was treated or one of the other providers give me an even worse customer experience (that will be quite difficult without them resorting to physically injuring me)

Just remember to wrap the phone in cotton wherever you go.

[MDE]

And put it in a condom and tie a knot in it

[DJ...]

Ockie, just to be clear. I wasn't having a dig at you. Apparently we were both referring to different things in this thread. As far as I (and the law) are concerned, the moment you sign any agreement, you are contractually bound by its terms. You thought I was referring to initial contracts only...

[keedmansa]

I don't agree. You walked into a Vodacom store and it is your choice to sign the contract or not. It is Vodacoms contract, you have no say in the structure of it. Again, it is your choice.

[Ockie]

Ockie, just to be clear. I wasn't having a dig at you. Apparently we were both referring to different things in this thread. As far as I (and the law) are concerned, the moment you sign any agreement, you are contractually bound by its terms. You thought I was referring to initial contracts only...

Thank you.