Somebody suggested to take this conversation elsewhere. I'm starting this to really help Nokia as to why I returned my N97, and maybe somebody else looking to buy one, it will help them decide its nothing that matters to them.
After reading Nokia's return policy I found that you really only have 7 days to return the phone with the California exception being 30 days but having to pay a 15% restocking fee.
I returned my N97 because of all the hoopla about being the new flag ship phone that was a touch screen phone. When I tried to use the phone for 4 days and the back light would not turn on (This has since been fixed in the latest software update) Knowing I only had 7 days (30 really in my case) I called tech support and they quickly decided to have me send my phone in for repair, they said they had not heard of this problem and it was better to get it in earlier than later. All was so far ok, not great, about 4 days after they received the phone I received a call from the "executive offices of Nokia" telling me they understood I purchased their flag ship phone and they didn't want me to be without a phone, they were going to send me a N71 because the parts for my phone would not be in in 2-3 week. I said ok, and hung up the phone. Then my partner asked if this is a new phone without parts, why not just send you a new phone. I called back and the story changed, now it seemed they didn't know if it was software or hardware. I lost it, and asked for a refund, they said being a new phone they would give me 100% refund and send me out a box that day, and my refund would be mailed out in 6 weeks or more. 1 week later and no box to return the phone in, I called back, Seems they did not send a box out, its going out on Monday, When I said if I didn't get the box by Wednesday I would dispute the charges on my credit card. They also admited that the refund check has already been mailed and if I disputed the charges they would stop payment on the check.
Issue
#1 - Customer support never gave me the same story twice, it kept changing
#2 - I own an iPod touch to listen to music at the gym. The web browser blows the N97 browser away, I don't think Nokia even looked at the iTouch/iPhone to enhance their browser. I found I couldn't use the browser
#3 - Out of the box the phone software was bad, had they waited till July 1st to ship the phone (about 2 weeks) they would have had a phone that seemed to work
#4 - OVI prices on application are too high, why are there not any application for $0.99 everything seems to be $2.99 and up
#5 - Days after the phone release, when the software still didn't work, Nokia lowered the prices for 1 day, Would not give a refund of the difference.
#6 - Memory for the C: default drive is limited, when I send over some ring tones via blue tooth, I filled it up, after reading the forums I found I could set the memory to the 32G partition, Why does a $700 phone cause me to tweek it like that.
These were my major complaints, I figured for $700 (usd) I would get a phone that worked and smoked all the other phones out there.