Questionable sales

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stevenz

2802 posts

Uber Geek

#29500 9-Jan-2009 14:38

I have just purchased a new iPhone (this subject is more Vodafone related than iPhone specifically IMO, hence why it's in this thread) from a Vodafone store and I'm a bit concerned at the form that they make you sign before they'll sell one to you that contains the following wording:

"I (name) have read & accept the iPhone terms & conditions, including Apple & 3rd party terms & conditions.

I agree that use of iPhone constitutes acceptance of iPhone terms and conditions (including third party terms and conditions) found in the iPhone box"

Obviously since it's a sealed box, these conditions are unknown until after the time of purchase, the same as any normal sealed-box software EULA, but this isn't software, and from what I believe, sealed-box EULAs don't hold up in NZ do they?

The terms also try and absolve Vodafone of any post-sale service of the device, stating that any non-network related issues must be referred directly to Apple and Vodafone themselves will not help with any issues related to the device itself.

The form obviously largely exists to stop people jailbreaking the phone, and one of the clauses is that doing this will void the warranty. I don't see this as being much different than installing an alternative O/S onto a computer other than the one provided as it can simply be reinstalled to as-standard. If the user bricks the phone while trying, then that's a different story.

They also state that any on-selling of the device will void the warranty, I'm not sure if a manufacturer and/or store guarantee is transferrable in NZ or not?

At any rate, the whole procedure strikes me as somewhat marginal, does it look like they're within their rights, or is some of this trying to sign-away basic consumer rights? If I buy a device and it doesn't work, I expect to be able to return it to where it was purchased and have them deal with it, either on-site or via their agents, I shouldn't have to deal with a company in Auckland and send it to them to deal with.

Any thoughts, I imagine I'll be accused of being petty, but it struck me as a bit suspect.

tripp

3848 posts

Uber Geek

Trusted

Lifetime subscriber

#188399 9-Jan-2009 15:24

Telecom got into trouble a few years ago with something almost the same, putting the EULA and T&C's in side the box of a cellphone and on them it says by opening the box you agree to the terms.

eXDee

4032 posts

Uber Geek

Trusted

#188402 9-Jan-2009 16:05

The terms inside the box is dodgy as in my opinion, thats got to break at least one rule (not sure which though).

I can't remember exactly how the CGA deals with service in terms of the retailer vs the manufacturer.. Another similar example is when (not if

) an xbox 360 'red rings', retailers will refer you directly to microsoft for a replacement. I havent heard anything wrong with this and it appears to be the same idea.

I personally also see modifying the software largely the same as with a computer. If a company who i purchased a pre packaged computer running windows on told me that because i installed linux on it, the warranty is void and so faulty parts won't get replaced, i'd have a fit. However it seems people don't see mobile devices in the same way.

I don't see it as petty, i would largely have the same concerns.

Perhaps flick an email to the ComCom and ask for their opinion on the issue(s)?

Byrned

455 posts

Ultimate Geek

#190558 19-Jan-2009 16:40

Where I've seen companies in the past not wanting to honour a warranty because the software has been changed, they've been quite happy to honour the warranty if you take the software condition back to its original factory config. Sometimes thats the only way to ensure that its not the software thats causing the issue. I know on my partners iPhone some poorly written apps have caused it to crash. Removing them fixed the problem but if Mr. Average Joe took there phone back because it was crashing frequently, and it was found to be because of an app installed, then Apple would still be responsible for it if they didn't have this clause.

And with specifying who is responsible for what, I don't believe that they're absolving themselves of there obligations under the CGA, but more specifying that if its a network issue, then Vodafone is responsible, otherwise Apple. This shouldn't be confused with a retailers obligation under the CGA, which in this case if Vodafone were the retailer then that would be them.

Come to think about it I don't think i've ever seen any EULA in NZ specifically written for NZ with our laws in mind. Probably the reason why most EULA's talk about that this EULA does not interfare with any rights you may have in your market.

rossmnz

507 posts

Ultimate Geek

#190561 19-Jan-2009 16:48

bought on prepay or on a iphone contract?

IMO jailbreak it, unlock it, do whatever you like with it.

You bought the phone, forget the T+C crap that Vodafone give you.

The force is strong with this one!

stevenz

2802 posts

Uber Geek

#190563 19-Jan-2009 16:56

Neither as such, bought it outright and stuck the SIM from my Vodem into it as the data plan is significantly cheaper. Doesn't have a callplan so it can't make calls, but it receives them, sends/receives texts (albeit at 20c each due to no freebies). It's mainly just for portable internet, I've got the regular cellphone to use as, well, a phone.