Database Develop

[Q] Online PreOrdering question/conern - Sprint HTC One (M7)

So I recently cancelled my preorder with sprint because of wirefly's and neweggs low costs. However I called HTC about the fan promo getting $100 for turning in your old phone and mines an HTC Evo 3D so I'm not sure It's worth much if I sell. Just asking for some Opinions here from people who are used to getting the best deals. Should I order from Newegg for 129.99 and sell mine or would it be better to get the $100 from HTC and preorder from them. I never sold a phone before so I'm not sure what I would need to do to mine but it's fully rooted as well as the other two lines I have and I am upgrading all lines so the best deal I can get is what I want to do.
Thanks for the information guys.

the htc $100 offer was a pre-register deal with an emailed code but their website said that was extended but I do not know. Hope the below terms and conditions help.
HTC One® Upgrade Promotion Terms of Use.
1. INTENDED AUDIENCE USE: Clover Wireless provides this Trade-in Trade-up Tool ("Tool") site to you, a Consumer ("Consumer", "you" or "your") on behalf of HTC America, Inc. (" HTC") and affiliates, subject to these Terms of Use. The purpose of this Program is to provide you with the Tool to evaluate the Trade-Up Value (as defined herein) of your used device. Clover Wireless may update the Terms of Use from time to time without notice to you. This Tool (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of your participation. The Site is controlled and operated in whole or in part by Clover Wireless from its offices within the United States. You acknowledge that Clover Wireless reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time. Clover Wireless is HTC’s authorized agent and is solely responsible for determining used device trade-in eligibility and for all rebate fulfillments. Please e-mail, Clover Wireless for any questions related to this program. HTC and the HTC logo are trademarks of HTC.
1.1 Eligibility. These Terms of Use are solely between Clover Wireless and you based upon your existing, and continued good standing with HTC and affiliates and your compliance with these Terms of Use. You acknowledge and agree that HTC and affiliates shall have no legal, equitable or other liability of any kind to you as it relates to your voluntary participation in this Program.
2. ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States. By your continued use of this website tool, you agree to each of the terms and conditions set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you will be prohibited from using the Tool.
3. SCOPE AND EFFECTIVE DATE OF TERMS AND CONDITIONS: These terms and conditions apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.
4. ENTIRE AGREEMENT, SEVERABILITY, APPLICABLE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and Clover Wireless and govern your use of the Tool, superseding any prior agreements (if any) between you and Clover Wireless relating to your use of this Tool. If any provision of these web Tool Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Clover Wireless to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Tool you agree that the statutes and laws of the United States and the State of Michigan, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Michigan. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tool, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the user. Neither Clover Wireless nor HTC will be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Clover Wireless and HTC have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or HTC’s to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this Tool, its content or links, shall not exceed the amount you paid to access this Tool.
6. RESTRICTIONS ON USE OF CONTENT: Copyright 2013 Clover Wireless All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by Clover Wireless that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to Clover Wireless's Rights in individual elements of the Content, Clover Wireless, or its licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the Tool and related services found on the Site. This permission terminates automatically if you breach any of the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Clover Wireless, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. Clover Wireless does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Clover Wireless's prior express written consent.
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.1 Prohibited Conduct. If you choose to participate in this Program, or a promotion or other Clover Wireless sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Clover Wireless's sole discretion, will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by Clover Wireless and/or HTC.
7.2 Program Requirements. In order to participate in the HTC One Upgrade Program you must have an eligible used device as defined by the on-line Tool. You can identify if the used device is eligible by utilizing the drop down menus to pick the make, model, and carrier for the used device. If you cannot find the make or model and believe this is in error, you can contact the program administrator at Clover Wireless. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. There is a maximum of one (1) trade-in utilizing HTC One Upgrade promotion per registrant. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid Proof of Purchases. Clover Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used device is submitted by anyone other than the user of the used device and 2) when the used device was not active at the time of the new device purchase and 3) the trade-in voucher was not agreed to by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid Proof of Purchase, you will not be paid the promotional trade-up amount.
8. HOW IT WORKS: The Tool will reflect the value of a used device based upon the manufacturer, model and condition of the device ("Trade-in Value"). The Tool will generate a receipt which includes an acknowledgment by you that (1) you understand you are selling the device in consideration for the Trade-in Value; (2) by accepting such Trade-in Value, you are giving up full ownership rights to the device; (3) you understand the device will not be eligible for return; (4) you are responsible for removal of all personal information before relinquishment of device; (5) you have been advised of any return policy regarding the purchase of a new device or accessory with the coupon; and (6) you are responsible for deactivating the used device and ensuring you retire any outstanding balance. Limited-time offer expires on or before April 4, 2013 or sooner and may end without prior notice. Trade-in devices must meet minimum criteria in order to qualify, as outlined in these Terms of Use.
To receive the $100 trade in value (or actual device trade in value, whichever is greater) in exchange for the Device you trade in, you must register valid email address on the HTC OneTM Upgrade site, you must purchase and activate a new HTC One by April 30, 2013 and mail in your used Device with a valid Proof of Purchase of your HTC One (copy of UPC or invoice/ receipt showing the IMEI) post marked by May 31, 2013. The prepaid card will be mailed via regular United States Postal Service within 60 days from receipt of both the trade-in Device and required paperwork. Your new HTC One device must be activated and remain in service for 60 days to qualify for the promotion. Used Devices that are sent in that do not qualify either because a) the model of used Device is not eligible or b) the Device is not in the condition stated or c) does not have a qualifying Proof of Purchase will not be eligible for Program and will be recycled without any payment and any OEM incentives are forfeited. After your mail-in your used Device, you cannot get it back, even if you return the merchandise you purchased. In addition, you must accept any other Terms and Conditions presented by your wireless service provider that may include specific provisions or eligibility to a particular promotion. Failure to accept the Terms and Conditions, shall impact your eligibility to participate in this Program.
9. DEACTIVATION OF SERVICE: You must deactivate your used device from service prior to shipping it in to the Trade-in Center. Clover Wireless, its vendors or HTC, are not responsible for previous or subsequent airtime charges accrued to your device prior to or following participation in the Program. Should any airtime charges occur, it is your responsibility to resolve any payments issues.
10. VALID ESN OR IMEI NUMBERS: All used devices must have a valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).
11. CONDITION OF TRADE-UP PRODUCT: To receive your full redemption value, you must accurately state the condition of the used device. An inspection will be performed by Clover Wireless upon receipt of your used device. The used device must power up, be fully functional, with no liquid damage, with no screen damage, with no mechanical damage and no missing parts. In order to receive your credit, Clover Wireless must first receive your used device, the printed redemption form supplied by the Tool and the proof of purchase for the new HTC device. The trade-in voucher must be signed by you. If the used device's condition differs materially from that which you described, Clover Wireless reserves the right to unilaterally re-price your transaction quote based upon the current Trade-in Value for the condition of your used device. In the event the used device does not meet the Trade-in requirement, Clover Wireless will make an adjusted payment, including no payment, based upon the condition and eligibility of the trade-in device.
12. RIGHT, TITLE AND INTEREST IN THE USED PHONE: You must verify that you own the right, title, and interest in the used device Traded-Up in the program.
13. RETURN OF USED PHONE OR CONTENT THEREIN: Once you trade-in the used device, Clover Wireless or its vendors will not be able to return the used device or any of its contents including accessories or data contained in the used device. All transactions are final and non-returnable. There will be no substitutes or replacements provided.
14. PAYMENT: The redemption value can be applied as stated on the redemption form generated by the Trade-in Tool upon your acceptance. After purchase, you must ship in the used device and meet the eligibility and date requirements. Payments will not be made to Post Office Boxes. You will receive the credit for the redemption value 6-8 weeks from the time of receipt of the used device by Clover Wireless.
15. PREPARING THE USED PHONE FOR TRADE-UP: To receive your redemption value, you must include the requested documentation including the system generated trade-in voucher, Proof or Purchase/Receipt and ship the used device you wish to trade-in to Clover Wireless. Clover Wireless or its vendors are not responsible for items that are lost or stolen in transit. Clover Wireless has the right to deny any trade-in claim without a valid Proof of Purchase.
16. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: Clover Wireless will remove any personal data from your used device. You may also choose to remove all personal or confidential information yourself. For information on how to remove personal data, please see the FAQ: "How do I remove data from my old Wireless Phone?" available online.
17. ACCURACY AND REVISIONS: Clover Wireless may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Clover Wireless and HTC shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Clover Wireless may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.
18. TERMINATION: You agree that Clover Wireless or HTC, in its sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) for any reason, including, without limitation, that Clover Wireless or HTC believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.
19. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-in request, you will share your contact information with Clover Wireless. With your consent, Clover Wireless will treat any Consumer information pursuant to HTC's privacy policies in accordance with the Master Agreement.
20. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-in Tools FAQ page cannot answer, please send your message via Contact Us online.
Program Terms of Use Privacy Policy
Copyright ©2013 HTC Corporation. All Rights Reserved.

EDIT: doh, should have refreshed thread before posting. sorry.
I don't believe you need to order it from HTC directly to qualify for the $100 trade-up cash back offer. Here's a link to the full terms and conditions of the offer: http://www.htctradeup.com/htcone/?q=terms_of_use
This paragraph is of particular interest, as is does not specify where you need to purchase your new HTC One from:
"To receive the $100 trade in value (or actual device trade in value, whichever is greater) in exchange for the Device you trade in, you must register valid email address on or before April 4, 2013 at HTC OneTM Upgrade site, you must purchase and activate a new HTC One by April 30, 2013 and mail in your used Device with a valid Proof of Purchase of your HTC One (copy of UPC or invoice/receipt showing the IMEI) post marked by May 31, 2013. The prepaid card will be mailed via regular United States Postal Service within 60 days from receipt of both the trade-in Device and required paperwork. Your new HTC One device must be activated and remain in service for 60 days to qualify for the promotion. Used Devices that are sent in that do not qualify either because a) the model of used Device is not eligible or b) the Device is not in the condition stated or c) does not have a qualifying Proof of Purchase will not be eligible for Program and will be recycled without any payment and any OEM incentives are forfeited. After your mail-in your used Device, you cannot get it back, even if you return the merchandise you purchased. In addition, you must accept any other Terms and Conditions presented by your wireless service provider that may include specific provisions or eligibility to a particular promotion. Failure to accept the Terms and Conditions, shall impact your eligibility to participate in this Program."
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dddeskt0p said:
EDIT: doh, should have refreshed thread before posting. sorry.
I don't believe you need to order it from HTC directly to qualify for the $100 trade-up cash back offer. Here's a link to the full terms and conditions of the offer: http://www.htctradeup.com/htcone/?q=terms_of_use
This paragraph is of particular interest, as is does not specify where you need to purchase your new HTC One from:
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it would be ok
also they limit the code to 1 device and if you google Clover Wireless ..well..some of the results ..aren't positive ..as always ymmv

Yeah, I was under the impression that you didn't need to order from HTC's online store (through Letstalk) to qualify for the $100 trade-in offer. At least I didn't read it under their terms.
As for the EVO 3D, I think it really depends what kind of condition your phone is in. I think mint EVO 3Ds can probably sell for around $150 on eBay (although you will have to factor in fees to that as well), but you're looking at around $100 for one in "used" condition. So you'd probably be better off just mailing in the device and getting the guaranteed $100 on a visa prepaid rather than going through the hassle of trying to sell it and maybe not getting what you want for it.
If you pre-order, you will have a good amount of time to decide what you want to do with your old phone though, so if you want to possibly get a bit of extra cash, you could attempt to sell it and if it doesn't work out and you don't get the price you want, just trade it in instead.

mang0 said:
Yeah, I was under the impression that you didn't need to order from HTC's online store (through Letstalk) to qualify for the $100 trade-in offer. At least I didn't read it under their terms.
As for the EVO 3D, I think it really depends what kind of condition your phone is in. I think mint EVO 3Ds can probably sell for around $150 on eBay (although you will have to factor in fees to that as well), but you're looking at around $100 for one in "used" condition. So you'd probably be better off just mailing in the device and getting the guaranteed $100 on a visa prepaid rather than going through the hassle of trying to sell it and maybe not getting what you want for it.
If you pre-order, you will have a good amount of time to decide what you want to do with your old phone though, so if you want to possibly get a bit of extra cash, you could attempt to sell it and if it doesn't work out and you don't get the price you want, just trade it in instead.
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I just sold(Traded it) my EVO 3D in craigslist for an Xbox 360 slim 250GB halo reach edition with 2 controllers, batteries and charger. The guy was selling the xbox for $250 and I'm selling it to my friend for $200. My 3D was in almost perfect condition( I got it on launch day) except that I had one of those with the easy to scratch the paint bezel and I had 2 small scuffs. I was selling the phone with a ballistic case, extra battery( extended slim) with charger, charging cable and a cat 2 16GB sd card for $200. Right now I'm using my friend's EVO 3D with a bad digitizer and the bezel is coming off.... I can't wait for the 19...
Like you said depending on the condition of the phone will make a huge difference on how much you can sell it for. Me and my friend got our EVO's at lunch day and he had to put an insurance claim last July and his replacement phone is falling apart because he keeps taking the phone of the case and he keeps dropping it.

rtoodeetwo said:
I just sold(Traded it) my EVO 3D in craigslist for an Xbox 360 slim 250GB halo reach edition with 2 controllers, batteries and charger. The guy was selling the xbox for $250 and I'm selling it to my friend for $200. My 3D was in almost perfect condition( I got it on launch day) except that I had one of those with the easy to scratch the paint bezel and I had 2 small scuffs. I was selling the phone with a ballistic case, extra battery( extended slim) with charger, charging cable and a cat 2 16GB sd card for $200. Right now I'm using my friend's EVO 3D with a bad digitizer and the bezel is coming off.... I can't wait for the 19...
Like you said depending on the condition of the phone will make a huge difference on how much you can sell it for. Me and my friend got our EVO's at lunch day and he had to put an insurance claim last July and his replacement phone is falling apart because he keeps taking the phone of the case and he keeps dropping it.
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Yeah, I have no personal experience selling an Evo 3D; just looked at the going rates on some of them that have sold on eBay lately, so that's where I got the prices from.

I submitted for the HTC. $100 but used very old BlackBerry Curve in good condition to qualify. Was not about to take $100 for LTE or 3d.
Sent from Taptalk on EVO LTE soff on some awesome custom Rom!

I wan't to take advantage of this offer by sending an iPhone 3G that my dauther was using until I upgrade her to Note II for her birthday in november, becuse I already sold my EVO 3D for $200 and we have no use for the Iphone. But I was reading the terms to qualify for this offer and I notice this:
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.2 Program Requirements. In order to participate in the HTC One Upgrade Program you must have an eligible used device as defined by the on-line Tool. You can identify if the used device is eligible by utilizing the drop down menus to pick the make, model, and carrier for the used device. If you cannot find the make or model and believe this is in error, you can contact the program administrator at Clover Wireless. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. There is a maximum of one (1) trade-in utilizing HTC One Upgrade promotion per registrant. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid Proof of Purchases. Clover Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used device is submitted by anyone other than the user of the used device and 2) when the used device was not active at the time of the new device purchase and 3) the trade-in voucher was not agreed to by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid Proof of Purchase, you will not be paid the promotional trade-up amount.
I wonder how can they verify what device I have active at the time of purchase? I'm currently I'm using my friend's EVO 3D with a broken digitizer....

rtoodeetwo said:
I wan't to take advantage of this offer by sending an iPhone 3G that my dauther was using until I upgrade her to Note II for her birthday in november, becuse I already sold my EVO 3D for $200 and we have no use for the Iphone. But I was reading the terms to qualify for this offer and I notice this:
7. ELIGIBILITY TO PARTICIPATE IN PROGRAM:
7.2 Program Requirements. In order to participate in the HTC One Upgrade Program you must have an eligible used device as defined by the on-line Tool. You can identify if the used device is eligible by utilizing the drop down menus to pick the make, model, and carrier for the used device. If you cannot find the make or model and believe this is in error, you can contact the program administrator at Clover Wireless. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. There is a maximum of one (1) trade-in utilizing HTC One Upgrade promotion per registrant. A valid proof of purchase is a) an original invoice with the IMEI number printed on it or b) a copy of the UPC code with the IMEI code printed on it. A copy of a UPC code is only permitted once as a valid Proof of Purchases. Clover Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used device is submitted by anyone other than the user of the used device and 2) when the used device was not active at the time of the new device purchase and 3) the trade-in voucher was not agreed to by you and 4) there is an invalid proof of purchase or 5) we believe there to be fraudulent intentions. Without a valid Proof of Purchase, you will not be paid the promotional trade-up amount.
I wonder how can they verify what device I have active at the time of purchase? I'm currently I'm using my friend's EVO 3D with a broken digitizer....
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Most probably just covering their asses.

Related

Hi all,
I am 2and a half months into a contract on an Orange SPV M2000 on a £25 per month contract, I paid £250 for the phone and have had problems from day one. They have replaced the handset 3 times since then because of the phone not ringing when a call is made and at this moment I am awaiting yet another replacement. I have been offered the SE P910i as a replacement but this is a phone that I can get for free on a £25 per month contract elsewhere and is not as expensive as my M2000. I have also paid £60 for an SD card that cannot be used in a SE P910i. I have also lost work because of the faulty phones. Even though Orange have admitted that I have had a series of faulty phones they will not make true remuneration or let me cancel my contract. I am therefore stuck between a rock and a hard place and as such am forced to continue paying my line rental even though I have had a series of faulty phones that I cannot use. Can anybody tell me how I can sort this out and if I have any rights in this case.

Tell them you want a free upgrade to the M5000 when it is released.

take the SEp910 then sue them for the £250 - five minutes on www.moneyclaim.gov.uk

Timax45:
I'm a litigation lawyer in the UK in The Real World, and I'd say that this is a clear breach of the Supply of Goods and Services Act 1982 with respect to your service contract, and the Sale of Goods Act 1979 with respect to the supply of the faulty phone.
Have a quick look here:
http://www.dti.gov.uk/ccp/topics1/facts/supplyofservices.htm
and here:
http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
Look at Which!'s website or google for how to complain on this basis.
However, basically, rattle your sabre with the Operator - speak to their disconnection department (for Orange 0800 079 22 88 ) and demand that they end your contract and (if you feel ballsy) refund your used months' rental, but not your used minutes, stating that the phone and service provided has failed to be "as described, of satisfactory quality and fit for their purpose". If they refuse say you will speak to Trading Standards.
If you pay by credit card, they will also be liable for bollocking Orange.
Let me know how it goes.
V

vijay555 said:
Timax45:
I'm a litigation lawyer in the UK in The Real World, and I'd say that this is a clear breach of the Supply of Goods and Services Act 1982 with respect to your service contract, and the Sale of Goods Act 1979 with respect to the supply of the faulty phone.
Have a quick look here:
http://www.dti.gov.uk/ccp/topics1/facts/supplyofservices.htm
and here:
http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm
Look at Which!'s website or google for how to complain on this basis.
However, basically, rattle your sabre with the Operator - speak to their disconnection department (for Orange 0800 079 22 88 ) and demand that they end your contract and (if you feel ballsy) refund your used months' rental, but not your used minutes, stating that the phone and service provided has failed to be "as described, of satisfactory quality and fit for their purpose". If they refuse say you will speak to Trading Standards.
If you pay by credit card, they will also be liable for bollocking Orange.
Let me know how it goes.
V
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A couple of things to consider though:
1) there are two contracts, one over the phone and one over the network. the network contract ontains terms which deny right to service. I understand these are not contrary to UCTA.
2) the contract over the phone is as against the supplier not the network although in this case it sounds as though both are orange.
the most important thing though is this info: it will cost orange several hundreds to instruct someone like vijay plus counsel to defend a claim. they will not defend your claim and so you will be paid.
now go here and issue a claim: www.moneyclaim.gov.uk

sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.
However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.
To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk should help out with the claim itself.
V

vijay555 said:
sainthalo - I don't think there's an indication that there's a problem with "service" in the mobile phone network sense, ie he can get coverage and use a phone, if the phone worked. Is that correct Timax45? All operators cover themselves from promising you perfect network service.
However, with respect to the phone, that's clearly a problem. I agree with saint to make a claim, but just prior to that I'd ring orange and tell them that you are about to commence a claim if they refuse to stand up to their legal obligations.
Throw around some serious sounding words and they should at least pass it on to someone who can take your issue seriously.
To cover your back you should write to them (letter, not email ideally) and tell them you are about to start a claim as a result of their failure to comply with their legal obligations in breach of the contract. I'm sure www.moneyclaim.gov.uk should help out with the claim itself.
V
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Hi vijay glad we agree that he has little legal bases in claiming for the service element). However if he adds up days lost and works out value of tarriff paidthat was wasted he can add this to the claim since this claim would not be determined on legal merit but settled out of financial convenience.
You are quite right he should send notice of intention to commence proceedings. However many people find this an incredible hardship! If so then in this instance when the claim amount is low and given orange will not defend it and will not pay on the basis of a personal notice then you can skip the formality of notice especially given the matter will not get to trial so the minor procedural defect will not be of consequence.
Lets hope our friend with the grievance actually commences proceedings although I have to say, without smiting him, that most people don't even when they have been fortunate to get professional advice from someone like yourself.

This is specific to the USA, but I'm sure will be heading out across the borders soon enough.
Today is 21 December 2010. It marks an unprecedented time in our judicial system. Today, Net Neutrality begins to come to a close.
For those who don't know what Net Neutrality is, it is simply your current right to view, say, do, or read what ever you like (legally) from the Internet without restriction. This means that your ISP, or Internet Service Provider, cannot restrict you access to anything online that is within the bounds of the law. Without Net Neutrality, ISPs would be allowed to throttle, or limit, your bandwidth to competing markets, or surcharge you for using higher than normal bandwidth. How would you feel to have to pay per Gigabyte of downloads instead of a set monthly fee? This is precisely what some regulators are looking into.
Comcast is one of the largest media companies in the United states, controlling content providers across the nation. If this bill passes tomorrow, they would be allowed to charge you more money based on the amount of things you download. If you don't think you download very much, think again. On average, in one hour, a user may consume over over 3GB of data while watching HD content on Youtube. Now imagine that you were charged a rate per GB of download. Even a small rate would add up very quickly, would it not? This move would also give Comcast the power to throttle the content to users. Currently, ISPs are not allowed to influence data moving to and from your connection. This move will allow them to slow your connection whenever they please with or without reason. They don't need your permission but simply have to notify you of the change.
This bill gets even more lenient with wireless carriers. It goes so far to say that wireless content providers, such as AT&T and Verizon, can limit bandwidth on their networks and surcharge users for competing content. There is a plan already in the works with AT&T and Verizon to charge users different rates for accessing content providers like Facebook ($0.02 per MB of data), Youtube ($0.50 monthly fee), and Skype ($3 monthly fee). They aren't even shy about it. Both of these companies know they are wrong, but they also know there's nothing you can do to stop them.
The current bill is set to be approved tomorrow. These politicians are setting in motion a bill that 'fixes' problems that do not exist. It is the sole embodiment of the broadband lobbyists getting their way. This document is so riddled with loopholes it is clear that the FCC chairman has nothing more on his mind than the green in his wallet.
Considering our President vowed to "take a backseat to no one in my commitment to Net Neutrality," he is certainly not doing anything to stop this monstrosity of a bill from being passed. I can't wait to see how he and the FCC chairman try to put a positive spin on this horrible stain on our judicial system. It is the FCC chairman's job to protect the consumers from these very companies they are enabling. It is also taking the power away from the FCC and putting it into the hands of these companies to regulate the Internet in their own manner.
I'll be able to tell my children someday about how the FCC used to be on our side. It's too late now to fix this problem. I just felt it prudent to pass the information along and explain it to those who don't understand what is about to happen to the free society of the Internet in America.
If you decide you want to contact your politician about this, let your politician know. I know I have.
To find your member of Congress, go here: http://www.contactingthecongress.org/.
Or call the FCC members directly:
Main FCC number 1 (888) CALL-FCC
Julius Genachowski 1 (202) 418-1000
Michael Copps 1 (202) 418-2000
Robert M. McDowell 1 (202) 418-2200
Mignon Clyburn 1 (202) 418-2100
Meredith Attwell Baker 1 (202) 418-2400
Or, fax a letter to the FCC at 1 (866) 418-0232
Make your opinion heard!

not sure if this is the right place for this...
http://www.theguardian.com/technolo...es-users-to-reset-passwords-after-cyberattack
Ebay urges users to reset passwords after cyberattack
Auction site’s database containing encrypted passwords and personal data has been hacked
theguardian.com, Wednesday 21 May 2014 19.30 BST
Jump to comments (394)
ebay logo Ebay asks customers to reset their passwords after a cyberattack compromised user information. Photograph: Niall Carson/PA
Auction site eBay has urged users to change their passwords after suffering what may have been the biggest-ever cyber-attack when hackers broke into a database holding its 233m customers’ personal data.
EBay said the breach, which was detected two weeks ago, had not given the hackers access to customers’ financial information. But it did affect a database holding encrypted passwords as well as customer names, email addresses, physical addresses, phone numbers and dates of birth which were not encrypted.
The site has 233 million customers worldwide, including more than 14 million active in Britain.
In a statement, the auction site said that a database was compromised between late February and early March. PayPal, the payment arm of eBay, released a statement saying it was not affected and that financial information had not been compromised.
“The scope for damage is absolutely huge and could be the biggest hack of all time, given the number of users eBay has,” said Rik Ferguson, global vice president of security research at security software firm Trend Micro.
While financial information was protected the personal information exposed in the compromise was “neatly packaged information that is worth a lot to cybercriminals and though eBay claims that financial information was not compromised we shouldn’t be reassured by these statements,” said Professor Alan Woodward from the department of computing at the University of Surrey.
“It is inexcusable for a company the size of eBay with the amount of data it holds to not encrypt all personal information held and to not constantly be at the forefront of security technology,” Ferguson agreed. “It should not have taken them three months to notice a break-in like this.”
Exposure of personal information such as postal addresses and dates of birth puts users at risk of identity theft, where the data is used to claim ownership of both online and real world identities. Users are also at risk of phishing attacks from malicious third-parties, which use the private details to trick people into handing over bank account, credit card or other sensitive information.
The break-in was not caused by the “Heartbleed” flaw in internet servers that received publicity this year. Instead, the hackers “compromised a small number of employee log-in credentials, allowing unauthorised access to eBay’s corporate network”, the company said.
The attack is even bigger than that which affected the US retailer Target in December, when around 40m customer credit cards were stolen by hackers, who broke into the company’s systems. The fallout from that security breach led to the resignation of Target’s chief executive in May.
Ebay has been described as the “golden goose” by some security researchers because of its large user base, but other internet companies yet to suffer large hacks of this nature are also considered prime targets.
Amazon, for instance, has around 244m active accounts, each with credit cards attached. Apple’s iTunes – arguably the biggest database of shoppers – has around 800 million users, most of which will have credit cards attached to their accounts.
“Information security and customer data protection are of paramount importance to eBay Inc, and eBay regrets any inconvenience or concern that this password reset may cause our customers,” said an eBay spokesperson.
“We know our customers trust us with their information, and we take seriously our commitment to maintaining a safe, secure and trusted global marketplace.”
Ebay said it is investigating the compromise working with law enforcement and security experts.
“Ebay has been around for a very long time and given people’s passwords habits – keeping the same passwords for years and re-using that password on many different sites – it is more likely to have that common, old password,” said Ferguson.
The company said that there had been “no evidence of the compromise resulting in unauthorised activity for eBay users, and no evidence of any unauthorised access to financial or credit card information”.
Troy Gill, senior security analyst at internet security firm AppRiver said: “This breach is a stark reminder that no organisation is immune to cyberattacks.”
Users will be prompted by email as well as on-site to change their passwords as a precaution, despite the stolen passwords being encrypted and showing no evidence of being compromised.
Shoppers who use the same password on other sites are encouraged to change those passwords too.
“It’s important that people listen to eBay and, when notified by email, change their password, as well as updating any other site which uses the same log-in credentials,” said Chris Boyd, a malware intelligence analyst at security firm Malwarebytes.

Don't see what this has to do with development or related to nexus 5/android software

Unfortunately this thread will be locked soon. Has absolutely nothing to do with the device.
Sent from my Nexus 5 using Tapatalk

Yep ot...lock it before it spreads!

This isn't relevant to the Nexus 5
Closed

This is the first time I have bought anything from Samsung.com. I need to tradein an old phone to get some discounts for the Note 8. Based on past experiences, how good/ bad is the Trade-in process? There is a thin line separating our understanding of a phone in "good working condition" & "regular wear and tear".
Mine is a used phone . I am not sure, the previous seller may have had water damage. However, cosmetically, it has a small dent on top-right corner bezel. The screen is pristine. Some small scratches on the back of the phone.
So when the time comes to send my old phone:
How long does it take for Samsung to acknowledge the Trade-in receipt?
After the receipt, how long does it take for Samsung to make a decision whether to accept or reject the trade-in?
If the trade-in is rejected, do we get a chance to understand why the trade-in was rejected?
Also, if the trade-in is rejected, is it possible for us to send another phone? or is the trade-in decision final?
Is there any way to get the trade-in confirmed (by sharing pictures) before-hand?
Any help is appreciated.

myechophone said:
This is the first time I have bought anything from Samsung.com. I need to tradein an old phone to get some discounts for the Note 8. Based on past experiences, how good/ bad is the Trade-in process? There is a thin line separating our understanding of a phone in "good working condition" & "regular wear and tear".
Mine is a used phone . I am not sure, the previous seller may have had water damage. However, cosmetically, it has a small dent on top-right corner bezel. The screen is pristine. Some small scratches on the back of the phone.
So when the time comes to send my old phone:
How long does it take for Samsung to acknowledge the Trade-in receipt?
After the receipt, how long does it take for Samsung to make a decision whether to accept or reject the trade-in?
If the trade-in is rejected, do we get a chance to understand why the trade-in was rejected?
Also, if the trade-in is rejected, is it possible for us to send another phone? or is the trade-in decision final?
Is there any way to get the trade-in confirmed (by sharing pictures) before-hand?
Any help is appreciated.
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I personally have never had a problem. You shouldn't have any problems as long as all functions work, no cracks in screen, device powers up and keeps a charge, not blacklisted, and device is paid off.
This should answer any and all questions:
"The devices must be in good condition (meaning it powers on and holds a charge; has a functioning display; has no breaks or cracks or other visible defects that go beyond normal wear and tear; and is not on a black list of any kind) to be eligible for Trade-In. Prior to trading in device, you must perform a factory reset and remove all personal information from device and eligible devices must have reactivation lock, Google Factory Reset Protection and all other anti-theft locking software disabled. Trade-ins must be received within 15 days of qualifying purchase. Devices not meeting these criteria will not qualify for the trade-in program. Samsung reserves the right to modify or discontinue this offer at any time." -Samsung website-

Khwoo685 said:
I personally have never had a problem. You shouldn't have any problems as long as all functions work, no cracks in screen, device powers up and keeps a charge, not blacklisted, and device is paid off.
This should answer any and all questions:
"The devices must be in good condition (meaning it powers on and holds a charge; has a functioning display; has no breaks or cracks or other visible defects that go beyond normal wear and tear; and is not on a black list of any kind) to be eligible for Trade-In. Prior to trading in device, you must perform a factory reset and remove all personal information from device and eligible devices must have reactivation lock, Google Factory Reset Protection and all other anti-theft locking software disabled. Trade-ins must be received within 15 days of qualifying purchase. Devices not meeting these criteria will not qualify for the trade-in program. Samsung reserves the right to modify or discontinue this offer at any time." -Samsung website-
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Thanks. But, I have some apprehensions as this is the first time...

Since you are seeing the glass as half empty....
Dents may not be considered normal wear and tear. Ive used phones for decades and never had one dent. Consider that a potential red flag if i were to be nit picky.
Its up to the person handling the ingest of the product. If they have a bad day or if they were giving some leeway to trade ins prior to getting yours, maybe yours may cause them to not be so lenient.
Perhaps look at other sources over the internet for other reviews on this trade in. Look at older note forums on this forum. You are likely to hear/read varied results.
In the end they (Sammy)may not care as long as the unit powers on and the screen is in good condition because the screen can potentially be used for surplus spare parts for other devices in that model range so the response you recieebvd above may indeed be a fair assumption that the trade in process will be smooth, you will get your asking price for the trade in, and the overall proces wont take too long.
Then you can ask yourself this: how much would I make if i were to sell it on Craigslist ?

marctronixx said:
Dents may not be considered normal wear and tear. Ive used phones for decades and never had one dent. Consider that a potential red flag if i were to be nit picky.
Its up to the person handling the ingest of the product. If they have a bad day or if they were giving some leeway to trade ins prior to getting yours, maybe yours may cause them to not be so lenient.
Perhaps look at other sources over the internet for other reviews on this trade in. Look at older note forums on this forum. You are likely to hear/read varied results.
In the end they (Sammy)may not care as long as the unit powers on and the screen is in good condition because the screen can potentially be used for surplus spare parts for other devices in that model range so the response you recieebvd above may indeed be a fair assumption that the trade in process will be smooth, you will get your asking price for the trade in, and the overall proces wont take too long.
Then you can ask yourself this: how much would I make if i were to sell it on Craigslist ?
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Thanks for the detailed reply. I will check other sources too for more details. As mentioned, I am doing the first of its kind transaction with Samsung; hence some anxiety.

I was one of the Note 7 buyers/returners.
I recently took advantage of the promotion to buy a Samsung Note 8 (unlocked) (w/ a free Gear 360), and I indicated during the order process that I would trade-in a Galaxy S5. I paid a little over $500 for the Note 8 that day.
Fast forward to today: so I received the Note 8 today, but the box has no trade-in instructions, shipping pouch, or pre-paid postage. Did I do something wrong, or does Samsung just not want this ancient S5 hardware?
Did anyone else (who previous returned the Note 7) get further instructions for the trade-in with the Note 8? Should I just follow the instructions found here: http://www.samsung.com/us/trade-in/terms-and-conditions/
It says "Samsung will provide a shipping label and instructions to send us your Trade-In Device." So I'm very confused.
I'm going to call Samsung. They said the correct office is closed for the day.
In a desperate attempt to resolve the issue more quickly, I sent an email.
The CS rep I did talk to did say that once I reach the correct person then Samsung will email me a shipping label. But I have to call back to talk do a different rep in a different dept.

caj27 said:
I was one of the Note 7 buyers/returners.
I recently took advantage of the promotion to buy a Samsung Note 8 (unlocked) (w/ a free Gear 360), and I indicated during the order process that I would trade-in a Galaxy S5. I paid a little over $500 for the Note 8 that day.
Fast forward to today: so I received the Note 8 today, but the box has no trade-in instructions, shipping pouch, or pre-paid postage. Did I do something wrong, or does Samsung just not want this ancient S5 hardware?
Did anyone else (who previous returned the Note 7) get further instructions for the trade-in with the Note 8? Should I just follow the instructions found here: http://www.samsung.com/us/trade-in/terms-and-conditions/
It says "Samsung will provide a shipping label and instructions to send us your Trade-In Device." So I'm very confused.
I'm going to call Samsung. They said the correct office is closed for the day.
In a desperate attempt to resolve the issue more quickly, I sent an email.
The CS rep I did talk to did say that once I reach the correct person then Samsung will email me a shipping label. But I have to call back to talk do a different rep in a different dept.
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On the order details on the website you can print the shipping label that is tied to your order. Same place everyone kept checking their status...Look beside the trade in you will see the print label button

Deleted

I spoke with them yesterday and was told you will get a reply about the trade in in 10 business days, just long enough so that you can't return the Note 8 if they screw you.

ggrant3876 said:
I spoke with them yesterday and was told you will get a reply about the trade in in 10 business days, just long enough so that you can't return the Note 8 if they screw you.
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Lol, if it comes to that, just kick up a fuss! They'll let you return it.

Afternoon people.
I've been having an issue with Samsung UK because they state on their website that care can be purchased 30 days after purchasing the phone.
The staff at Samsung web shop are adamant that it cannot.
They sent me terms and conditions to argue the case but the terms also state that I can purchase up to 30 days after buying the handset.
Has anybody else had this sort or experience?
They've managed to take it over the 30 days now but if they knew what they were doing I would have been within so I'm standing by that.
The care advisor suggested I send my phone back and buy another one. No problem with that except they wont honour the £150 trade in value of the phone I traded in, so I'd lose the phone I traded in, and pay an extra £150!! She doesn't seem to agree that I'm losing out if I do that...
Any ideas??

Well, you are right of course as it is clearly stated
"..
In case You did not purchase Samsung Mobile Care at the same time as Your Insured Product, You can benefit from a 30 day period from the Insured Product purchase date to purchase Samsung Mobile Care . In this instance You must return to the seller of Your Insured Product or go to Samsung directly. Please note that Yo ur Insured Product must be eligible for Samsung Mobile Care (e.g. see Clause 1 . General Validity Conditions and Clause. 3 General Exclusions).
.."
file a complaint, maybe you'll get some compensation/satisfaction

Good luck filing a complaint. One thing I learned from dealing with the numerous issues I had after buying my Note 9 from Samsung directly is don't... Do not. They're the WORST customer service team in existence. They will lie and scam their way out of any ordeal for their own benefit. Either buy directly from the carrier or buy an iPhone in the future (I will be doing the latter because f*ck Samsung).

raul6 said:
Well, you are right of course as it is clearly stated
"..
In case You did not purchase Samsung Mobile Care at the same time as Your Insured Product, You can benefit from a 30 day period from the Insured Product purchase date to purchase Samsung Mobile Care . In this instance You must return to the seller of Your Insured Product or go to Samsung directly. Please note that Yo ur Insured Product must be eligible for Samsung Mobile Care (e.g. see Clause 1 . General Validity Conditions and Clause. 3 General Exclusions).
.."
file a complaint, maybe you'll get some compensation/satisfaction
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Ironically the manager I spoke to sent me the terms and conditions you've just stated as an argument. Lol!
Yes, I've filed a complaint, but I'm not holding much hope.
Will keep you guys up to date.
Thanks for taking the time to comment (both of you, can't quote both), it's good to know I wasnt making this up in my own head!

So..
Just to confirm what happened. It only got resolved on Friday!
After hours on the phone and Facebook messenger banging my head against a wall (several sales assistants who just didnt want to help), I finally was put through to an understanding senior manager.
She agreed that the terms and website say I can purchase insurance up to 30 days after purchasing the phone - whereas the others were stating that I "forgot" to purchase it and didn't understand the difference.
She agreed to let me purchase another one, arranged a voucher for the trade in phone (£150) and for the employee discount (£100) and a little extra for the hassle I had been given.
Ended up ok after she took over, but if you want insurance with Samsung, buy it while purchasing the phone!
Got myself a blue one instead of the black one now

Congratulations! ?