Cancelling a Mobile Phone (one day old)

2bFrank

Thank you very much for your replies and support.

I too rang the sales line today as a dummy sale to see what they would say to a potential customer.

I explained that I liked the phone and wanted more information, after they gave me the sales pitch I stated that I was still unsure and like to go in store, have a play with the phone and if I like it purchase the phone and contract in store.

Now here comes the main question, I asked that since I was unsure of the purchase if I didn’t like the phone or contract could I return it. They stated "Within 14 days if I was unhappy they would replace the handset or contract" when I questioned why they would not cancel the agreement, after umming and ahhhring the sales girl said "If you are unhappy with the phone or tariff, they would honor a cancellation but she was sure that I would be pleased ("Yeh right :mad: ")”

I will also try the mis selling approach as well. Your right ash333 I hope this will teach my girlfriend a lesson, she impulse buys nearly everything, if I had a pound for every arguments I have had with shop staff when taking stuff back for her, I could afford 10 phones on this tariff at the crapphone warehouse.

Thanks again for all your comments and advice they are all much appreciated, keep them coming. :T

user1234_2

2bFrank wrote:

..I too rang the sales line today as a dummy sale to see what they would say to a potential customer...

You have more rights when dealing with a telephone sales line than if you were to pop into their store so that doesn't really prove anything.

Suggest the OP read the back of your receipt to see what it says your rights are to cancellations or exchanges.

Good luck

Halaku

From the horse's mouth:

http://www.bbc.co.uk/watchdog/guides_to/goodsandservices/index.shtml

"You have NO statutory rights if you simply change your mind about something you have bought, made a mistake, or were told about the fault before you bought it. The shop may operate an exchange policy allowing you to return goods for any reason within a specified time (e.g. 28 days). Check before you buy. If not, then a shop is not legally obliged to change goods or offer a refund if there is nothing wrong with them."

BUT



"They must be 'as described' - if you buy a product that has a label stating the product is 100% fat free, then that is what you should get. "

I'm not a legal eagle, but I think if CPW claimed you can only exclusively get it from there, that counts as a misdescription. But I'm sure CPW wouldn't be stupid enough to advertise such an outlandish claim without putting in a get out clause of some sort in their ToC.

WelshTust

Orange offer a 14 day no question's asked returns policy, the only time you can't return is if it was an upgrade, I'm sure that this is the same with any contract phone. Call in an O2 shop and ask.

mike_wall15

The Carphone Warehouse Group are the only ones selling this phone, any other companies will have gone and bought the phone from CPW.... it was a deal between CPW and Motorola

It will be ashame if you can't get your money back, I'm sorry to sound harsh, but maybe this will stop your gf doing this in the future?

charlotte3

I have one of their catalogues from their store, they say the following:

14 Day Exchange
If within 14 days of buying your mobile phone you are not entirely satisfied, we will be happy to change your phone, network or tariff for you where permitted*.
Exchanges are subject to stock and availability and limited to one exchange per product. You will either be asked to pay the extra or we will reimburse you any difference in price in accordance with our refund policy. The original phone must be returned in a perfect or 'as sold' condition, with the original packaging and receipt. For details of our return policies for all other products, please ask in-store.
*14 day handset exchanges are not permitted on T-Mobile, Orange upgrades. Network exchanges are not permitted on T-Mobile or all upgrades. This does not affect your statutory rights under the Consumer Protection (Distance Selling) Regulations 2000, which apply if you buy from us via Direct Sales, our website or Sky Active and will enable you to return your purchase for a full refund within 7 working days of receipt of the product or date on which the service was made available (excluding weekends and bank holidays.)

So it looks like they do not have to cancel the contract for you, but they are obliged to change the tariff you are on if you are not happy with it. I would find one of the better deals you have looked at and go in to the store and ask them to match it.

Good luck!!

ash333

Has it been sorted yet?

Ash333

Amba_Gambla

yeah, let us know what happens....

skimshandy

As a consumer, you have the right to a 14 day cooling off period. Just take it back and tell them you want to cancel! Bish bosh bash!

daveboy

Having read the thread, a bit late, but hey, just remember one thing.

There is no cooling off period in law when you get married!