Hi,
Just an update to my progress. I emailed the CEO and a representative from his office replied. Here is an excerpt ..
"As you are unable to return the packaging we are unable to offer a full refund, we can offer you a credit note for the full value of the faulty product as a gesture of goodwill.
Once again I apologise for any inconvienence you feel you may have suffered and hope that as a valued customer of ours, you will continue to use us for any of your future mobile communication needs."
Ha ha! I think they should replace "gesture of goodwill" with "because it's the minumum we are required by law to offer".
I've written back reiterating the events and also saying that I would be lodging a complaint with the small claims court.
I spoke to Consumer Affairs and they agreed that I did not need the packaging to obtain a refund, however I am still waiting on a written response. Gauloise, I wrote directly to your contact and also the contact on the ODCA website.
I'll keep you updated with what happens next.