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[Unknownartist]

I have realised the handset i received is not the model in the contract i signed.

I ordered a 16g iphone 4s, but received a 32g iphone 4s.

I would like to know if this means the contract is void? or has vodafone breached the terms & conditions of our contract and therefore it can be terminated without fee?

[bertyb]

Short answer to that is no, a party has not breached a contract by potentially making an honest mistake, what will need to be investigated is your sales call which can be done by contacting Vodafone, I presume you have only had it a few hours , in which case there is a 7 day cooling off period, 

[Unknownartist]

No had it a few months. The sales call will show i asked for 32g for same price/deal as 16g but declined. The contract says 16g.

Also, thought maybe if i was sent a new 16g handset i would receive another 'cooling off period' whereby i could then hand it back and terminate contract?

I was previously going to return phone during the cooling off period when i was seriously underwhelmed by the feature that sold it to me, SIRI. I changed my mind when i was assured by apple forum, the features only allowed in the US would be avaliable in the UK in early 2012. It hasn't and seems to be worse. I'm still yet to see a new estimated time. I hate that i'm spending soo much money for a phone that does nothing special in my opinion. Wish i sent it back when i could.

Just being honest, i'm looking for a way out of a 24 month contract and thought not receiving the phone i'm paying for would be reason enough to terminate the contract, since they haven't kept to the terms of our contract.

[Nabs]

Hi UnknownArtist,

Seems you have fallen into the Apple trap, pay more get less!

Since the handset you have recieved is actually better than the one stated in your contract there would be no chance of a termination.

You might want to look at selling your handset (32Gb 4S's are currently fetching £350 on the recycline market) and using that to pay off some of your remaining contract. You do get a discount of 20% when paying off early so depending on how much your paying and how long you have left selling your phone may just about cover it.

The other option is if your have a froend or family member who is willing to take on the contract you can request change of ownership, this clearing the contract from your name allowing you to start a new one.

Apart from that I cant think of any other oprions.

[Unknownartist]

Thank you for the replies!

I did think the fact that the phone being better could be an issue. However, although i obviously gained from this mistake, i can't help but think it should be irrelevant. I highly doubt this scenario is covered in the small print (having trouble locating contract. If i can't find it in next 24 hrs will request a copy). If a lesser model was sent to me would it change things? As long as i can justify my reasons by what's written in the contract, i thought it shouldn't matter how illogical my angle is. Would try the consumer rights route i guess.

Btw, i'm not disagreeing with your reply. I actually think your right and spot on what vodafone will tell me.

After doing the math, the option you suggested would leave me far short of what i'd need. Can't afford to pay beyond what the phone is worth as i do not want to enter another contract, but want to buy a handset only. I'm done with contracts!

I know i can only find out for sure where i stand when i contact vodafone directly. Just trying to research it all before i commit to an angle. Been reading forums for hours now but i can't find a similar situation.

Thanks in advance to any help/advice/opinion you or anyone else can give me.



P.S. I 'm sure some people may not like what i'm trying to do. I accept it may be unethical and i regret its with the first network i've had zero problems with . But i want out and if i can do it legally i'm okay with it.

[danielp808]

no there is zero chance you can get out opf the cotract on this basis

the contract really only relates to the airtime and not the handset anyway

If you went to court would you really expect your contract to be cancelled because you got something BETTER than you agreed to!


I'd have kept quiet before someone starts looking for the £100 you should have paid!


Nice try though 10/10 for audacity

[danielp808]

Also "SIRI" is technically Beta software so shouldnt be much of a selling point but as such is subject to improvements/updates in the future.

[Magicman13]

Just to correct you here Nabs, the termination fee is 2% discount, not 20% as you stated.

[_365_]

20% is the vat that you dont pay, you then get your 2% on the remaining value....so technicaly you get both...

[Nabs]

Hi Unkownartist,

T+C's can be found at the links below. These are all that make up your contract 

Pay monthly price plan

Pay monthly airtime conditions