Am I 'tied in'?

haven't_got_a_clue!

I've been with Sainsbury's Mobile (more recently handled by Carphone Warehouse) for several years - I've always been happy with the customer service and tariffs for my usage. I'm eligible for a 'free' handset upgrade - if I accept it ties me in to them for 12 x months (I've done this each year quite happily). I rang to discuss an upgrade at the end of last week - the guy told me I could have a Sony Ericsson Z520i (silver, flip-up phone, no charge - these were all on my 'wish' list). He confirmed that they would send a silver one to me today, and stressed that I would be tied-in if I agreed for him to send the phone out - which I did agree to. The phone arrived today and is white (and I don't like it in white - very female, I know!). I rang Carphone Warehouse and they said that they had no more silver ones. They are saying that I can only exchange the phone (but all the other silver, flip-up phones would come at a cost), or that I can return the phone and upgrade at a later date, however they insist that I am tied-in for the next 12 x months. I am disputing this with them - as far as I'm concerned they haven't kept their side of the 'agreement' (ie, a silver, flip-up phone at no extra cost), so why should I keep mine (to tie-in for 12 x months). I have said that I will accept a like-for-like phone (at no extra cost) and stay tied-in, or if I return the phone I refuse to be tied-in. Does anyone know where I stand?
Many thanks

pennypincher_2

They broke the agreement, you should seek advice from trading standards/lawyer/citizens advice ,a similar issue was raised recently in a magazine where the 'phone company' sent the wrong colored handset that was specifically part of the customers order-however if the the deal clearly states 'if we have no blue ones left we'll send a green one' you'd have no grounds for complaint.If you ordered a specific color it forms part of the agreement between you and the vendor.This may not have any effect on your commitment to 12 months with the provider,its not a get out of jail card.

jimmymac87

Also, depending on their own terms in the small print (sorry dont know wh operates for sainsburys) most networks have their 'cooling off' period - whereby any new phone you receive with a new contract, or upgrade can be returned and cancelled.

haven't_got_a_clue!

They've agreed to swap the one they sent with a better-spec flip-up silver one (at no cost). Thanks for the replies!

viccig

They've agreed to swap the one they sent with a better-spec flip-up silver one (at no cost). Thanks for the replies!

Must congratulate you on standing your ground and getting what you wanted