Cell upgrade - can you change your mind?

Grimspoon

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Nov 9, 2006
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I am just curious, if you upgrade with vodacom and receive your device, open it and use it briefly but then realise you actually not happy with the device and want to exchange it for a different one, is this possible?

Their site only states that the device must be in the original packaging with all accessories. Doesn't mention anything about opening it / using the device.

Thanks
 

flamevector

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May 8, 2012
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it is not in a resellable condition. Only if it is still sealed would you be allowed to bring it back if they even allow that. How would you like to get an upgrade phone and find out it is second hand.
 

Muttley

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Jan 6, 2016
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Good luck with that...
I upgraded my contract with them an opted for a sim only contract.
Ironically, my phone died a few weeks after.
I asked if they would allow me to re do the upgrade to a higher package and get a phone and they basically told me to go get stuffed.
 

mev

Active Member
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Oct 9, 2014
Messages
59
I am just curious, if you upgrade with vodacom and receive your device, open it and use it briefly but then realise you actually not happy with the device and want to exchange it for a different one, is this possible?

Their site only states that the device must be in the original packaging with all accessories. Doesn't mention anything about opening it / using the device.

Thanks

You can return the device within 14 days from the date of receipt.

http://www.vodacom.co.za/vodacom/terms/deliveries-and-returns-terms-and-conditions

(see the last section - Contract Refunds)
 

Dairyfarmer

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Apr 17, 2016
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The networks are skating around the CPA when it comes to devices. When you take a contract with a device, the network owns that device. They are kind enough to give you the device once the initial part of the contract ends. You never actually buy the device from them. This is how they can repair a device rather than give you the option of replacement or refund. They can also replace the device with a reconditioned one or replace it with a different make/model even at a lower spec.
 

crack2483

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Oct 27, 2013
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The networks are skating around the CPA when it comes to devices. When you take a contract with a device, the network owns that device. They are kind enough to give you the device once the initial part of the contract ends. You never actually buy the device from them. This is how they can repair a device rather than give you the option of replacement or refund. They can also replace the device with a reconditioned one or replace it with a different make/model even at a lower spec.

I disagree. On my statement I'm billed separately for the device instalment. So once the contract has ended, the device is owned by me and not "given" to me.
 

happynoodleboy

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Aug 14, 2014
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This probably does not help you, but with MTN you have 7 days to return the device and swop for something else.
Opened and used or not, as long as you haven't farked it up.

I have used this option twice.
 

Dairyfarmer

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I disagree. On my statement I'm billed separately for the device instalment. So once the contract has ended, the device is owned by me and not "given" to me.

9.1.2. Vodacom will remain the owner of the Apparatus for the duration of the Initial Period.

You are billed for the use of the device, not as a payment for the device.
 

crack2483

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9.1.2. Vodacom will remain the owner of the Apparatus for the duration of the Initial Period.

You are billed for the use of the device, not as a payment for the device.
In my opinion I disagree with your definition. You'r still paying off the device. You don't pay the bank for the use of your car you paying off. You pay for the vehicle itself.
 

Dairyfarmer

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You don't pay the bank for the use of your car you paying off.
This is where it is different and they don't willingly tell you this. You are not actually buying a phone. You are buying a package (voice/sms/data) that comes with a phone that belongs to the network. At the end of the contract the network will let you keep the phone. It clearly states that in the contract "Vodacom will remain the owner of the Apparatus". I think the other networks are the same.
 

crack2483

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This is where it is different and they don't willingly tell you this. You are not actually buying a phone. You are buying a package (voice/sms/data) that comes with a phone that belongs to the network. At the end of the contract the network will let you keep the phone. It clearly states that in the contract "Vodacom will remain the owner of the Apparatus". I think the other networks are the same.
They are still legal owners of the phone until such time as you've finished paying the installments for the duration of the 2 year contract. It's advertised as device cost. Not "use of device service" cost.
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Dairyfarmer

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Device cost is the cost that they levy for the use of their device. No where in the contract does it stipulate that the device is being sold to you or even that it will be given to you at the end of the period. It just states that they remain the owner of the device during the initial period. In fact it doesn't say what is to happen to the device at the end of the period. I'm only looking at the VC contract. i haven't looked at the other networks.

Maybe one of the company members can give clarification on the situation.

I think that it is very important to make people aware of this. I have read many posts where people sell or give away the device they get with their contracts without being aware that they don't actually have the legal right to, as the device doesn't legally belong to them. At least during the first 24/36 months.
 

Dairyfarmer

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Apr 17, 2016
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Prepaid been a blessing, my phone is my phone
I buy my phones outright and never take one on a contract. You can still get SIM only deals. The advantage is it is easier and cheaper to get out of a contract early.
 

Lupus

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Apr 25, 2006
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I buy my phones outright and never take one on a contract. You can still get SIM only deals. The advantage is it is easier and cheaper to get out of a contract early.
Prepaid works out cheaper still,then those sim only deals. Most of the time you get better rates on prepaid.
 

Lupus

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50.5 Gb, 500 sms and the 10 000 minutes. I pay R150 a month for that.

Okay you got the MTN Black friday deal, that's an exception. Of course any special deal contracts will be better, but on average prepaid is cheaper.
 

zizo911

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Dec 24, 2010
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Okay you got the MTN Black friday deal, that's an exception. Of course any special deal contracts will be better, but on average prepaid is cheaper.

It was the best deal every. I hope they have it again in two years.
 
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