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No iPhone without a contract, the abuse continues

The iPhone without a contract is a great thing. A novelty arrived only with the launch of 3G and which allows you to have the phone and use it as you prefer, without a contract or fixed monthly expenditure. You pay a little more, but you get free. This is what they thought and, perhaps, continue to think several people interested in Apple's mobile phone who are preparing to buy one. Too bad that for many the prospect of buying an iPhone without a contract seems to be a mirage, a pious illusion, a dream. You choose the term that best suits you to describe a situation where, in spite of everything written and declared, you enter a shop and you are told without half-words that "we will not sell the iPhone without a contract".

Cases like these have been reported to us in dozens in recent days. Our editorial staff initially kept silent on the matter, waiting for some confirmation on a situation that, at least initially, seemed localized to some specific and individual stores. Among the hypotheses that we had also formulated that of not entirely precise information for the benefit of the operators of the points of sale, especially those of large retailers. But now, fifteen days after the launch of the phone, our editorial staff continues to receive reports of points of sale, including some "direct" ones (such as Tim's Cellphones), which refuse to sell the iPhone without a contract and difficult think that you are still faced with material errors or poor information.

The situation in some cases, on the other hand, is particularly unfortunate and detrimental to both the image of the operators and Apple because the shopkeepers put the blame on the commercial policies of Tim, Vodafone and Apple.

"They told me it's an Apple choice that doesn't want iPhones to be sold without a contract," Giuseppe da Torino told us. From Novara we are informed that here too the blame is attributed to Apple "and to Telecom which supplies few phones and asks to sell them only with a contract". Pietro da Chieti: ?I walked around three stores before I was able to find one that would sell me an iPhone without a contract. I managed to get only the 8 GB one because because the 16 GB was available, they didn't want to give it to me without a contract. " From Naples Nicola tells us that "a large Tim store refused to sell me the iPhone without a contract. But the annoying thing that to someone I know, an iPhone with a rechargeable was sold in that store ?. From Milan Andrea had to discuss animatedly before having an iPhone, after receiving a refusal and having learned from a colleague that others had been sold under contract in the same shop where he had been denied. There are those who, like Fabrizio, a lawyer, only by threatening the recourse to a legal action (the iPhone was in the window, exposed with a lot of price) and the rule of the code that refers to the offer to the public with obligation to sell, been able to have it. Luca from Venice, Roberto and Massimo from Milan, "Jonny" from Imola and many others found themselves more or less in the same situation.

The most controversial aspect of this story that is not the case in all of Italy. There are tens of thousands of people who bought without a shot hurting an iPhone without a contract. Telecom itself, which seems to be the one most in the eye of the hurricane, at least according to the information collected by our site, has recently said that it has sold many more iPhones without a contract than with a contract. Our reporters on the night of the White Night for the launch of the iPhone testified to a much higher number in sales for iPhones without a contract than those with a contract.

The reality that there is no provision of Telecom n Vodafone for the sale of iPhones only with a contract. Macity can report in this regard a formal statement by Telecom Italia itself: ?There is no bond – says a spokesman for the company that operates in the field of mobile telephony with the Tim brand – between the iPhone and the contract. No shopkeeper has had a disposition in this sense on our part. It is an initiative of the merchants that we deplore. " There is not another, presumed, constraint often advanced by the shopkeepers according to which there would be iPhones destined for sale with a contract and others for sale without a contract, placed in two waterproof compartments so that once a "tank" is exhausted, you cannot draw on the 'other. The iPhones are actually all the same and each can be sold with or without a contract.

The reason why despite everything, despite the provisions of Telecom and, in some cases rarer (at least among the reports received from our site) Vodafone, are not respected all refer to the complex mechanism of prizes that triggers upon reaching a certain amount of contracts that add up to profit, greater when selling a contract phone rather than that which comes from a phone without a contract. In practice, some stores with a sufficiently tough face are taking advantage of the popularity of the iPhone and the fact that more easily than other mobile phones can be sold with a contract, to increase the turnover and the profit that derives from the percentages recognized by mobile operators.

But then what can you do when you receive a refusal to sell an iPhone without a contract?

The board insist politely, pointing out when above. Demonstrate knowledge of the matter and be aware that abuse is in the process of being a good way of advising against those who are before us to commit that abuse. If the phone is displayed in the shop window with a price and you know for certain that the shop has it in stock (perhaps because you have just seen a sale), you must refer to article 1336 of the civil code, the one that regulates the offered to the public and which provides that the sale cannot be refused when a product is offered for purchase as it happens when displayed in a shop window. If in spite of everything you are unable to convince the shopkeeper you can always predict that you will send a report to mobile operators or to Apple to point out that the shop in which you are located is violating what is publicly announced by the operators themselves and by Apple.

For our part we are interested in collecting any information that in a detailed and concise form lets us know how and where these abuses are taking place by writing your experience at this e-mail address.

Alternatively, you can also report your experience by registering at our forum described in a concise and detailed manner in this topic where we talk about the iPhone without a contract