Carphone Warehouse 7 day return?

bsnoopy66

I bought a 24 month contract from Carphone Warehouse but i'd like to return it under the 7 day distance selliing regulation. But Carphone Warehouse replied back with this:


Thank you for your email.

I'm sorry you wish to return the T-Mobile contract you've taken.

If you wish to return the handset and contract, you can do so in any Carphone Warehouse store within 14 days of the first delivery attempt.

There are certain conditions which void the 14 day period. If you've used the handset or simcard we are unable to accept the return and you will be liable for the full contract. This information is contained in the terms and conditions accepted by you when ordering on our website. Below is a link to the returns and exchanges page on our website.

I have used the phone to text and call, but not much and there are no costs for doing aanything outside the monthly limit. Does this still apply to the 7 day distance selling regulation? The phone was bought/ordered online.

Guys_Dad

Here are a couple of references you might find useful.


http://www.which.co.uk/advice/dealing-with-mobile-phone-problems/your-mobile-phone-rights/index.jsp

There is also this
http://www.netlawman.co.uk/info/distance-selling-cancellation.php

From the above, there is this extract - somewhat complicated but may give you wriggle room depending upon when you received the written information about conditions cancelling your contract

Cancellation period for services:

• Where the written confirmation and additional information is provided on or before conclusion of the contract for services, the cancellation period is seven working days beginning with the day after the day on which the contract for services is concluded;

• Where the written confirmation and additional information is provided after the contract for services is concluded but within a period of three months beginning with the day after the day on which the contract is concluded , the cancellation period will end after seven working days beginning with the day after the day on which the written confirmation and additional information is provided;

• Where the supplier has the consumer's consent to begin performance of the services before the usual seven working day cancellation period expires and the written confirmation and additional information is provided before performance of the services begins, the cancellation period ends when the performance of the services begins;

• Where the supplier has the consumer's consent to begin performance of the services before the usual seven working day cancellation period expires but the written confirmation and additional information is not provided on or before the day on which performance of the services begins but is provided in good time during the performance of the contract, the cancellation period will end after seven working days beginning with the day after the day on which the written confirmation and additional information is provided (provided the right of cancellation is still useful) or when performance is completed (whichever is sooner);

• Where the obligation to give written confirmation and additional information is not fulfilled within three months beginning with the day after the day on which the contract for services is concluded, the cancellation period is the period of three months and seven working days from the day after the day on which the contract is concluded, regardless of whether performance of the services has begun or has been completed.

How do the cancellation provisions apply to linked contracts for goods and services, for example a mobile phone and an associated airtime contract, or a modem and broadband service?

In these cases, there are normally two contracts– one for goods (the mobile phone or modem, for example) and the other for a service (such as the airtime or internet connection).

In both cases the cancellation period starts when the contract is made. The time limits for cancellation of the goods and service contracts are as usual (set out above). It is therefore possible to have cancellation periods running at different times and for the service contract to remain cancellable after the goods have been provided.

With service contracts, if you fail to give consumers the required written information before you start the service, or fail to obtain their consent to starting the service early, they will have a right to cancel their contract even though they may have started using the service.

Also, from another site, the following

"Services that are to be provided within 7 working days. If you have agreed that the service will start before the end of the cooling-off period you will not be entitled to cancel once the service has started, but the trader MUST tell you this in writing, otherwise you will be able to cancel (IMPORTANT: you might have other statutory cooling-off periods, depending on how the trader approached you, under the Consumer Credit Act or Doorstep Selling Regulations - get further advice if in doubt)"

Hope this is of some help

bsnoopy66

With service contracts, if you fail to give consumers the required written information before you start the service, or fail to obtain their consent to starting the service early, they will have a right to cancel their contract even though they may have started using the service.

I just looked at the receipt, invoice, etc. It says on the back to go to the website to see the terms of refunding or returns, etc. Would that give me the right to cancel. When I placed the order it said I had 7 days from day of first attempted delivery to return an item. Under the distance selling regulations. I'm sorry if I sound a bit stupid, but I don't want to make a fool of myself by demanding anything, etc.

Guys_Dad

bsnoopy66 wrote: »

With service contracts, if you fail to give consumers the required written information before you start the service, or fail to obtain their consent to starting the service early, they will have a right to cancel their contract even though they may have started using the service.

I just looked at the receipt, invoice, etc. It says on the back to go to the website to see the terms of refunding or returns, etc. Would that give me the right to cancel. When I placed the order it said I had 7 days from day of first attempted delivery to return an item. Under the distance selling regulations. I'm sorry if I sound a bit stupid, but I don't want to make a fool of myself by demanding anything, etc.

Sorry - I am no lawyer. I suspect that they may be covered, but they have a habit of starting the service on the day they send out the goods. So, there is an argument that they started the service before you had the goods. But again it depends upon if you ordered over the phone or internet as you may have ticked a box in the latter case confirming you had read the t&c.

If there is a reception service quality issue, then that is another ball game. If you have simply changed your mind, seen a better deal etc, then don't make the same mistake again and check things out in the shop first before ordering over the net!

bsnoopy66

I didn't know that if I used the services it would void the 7 day return. But if I paid for the days I used the services would that help?

bsnoopy66

What you can do with the phone before you make a change of mind return or exchange

• You can turn the phone on and try it out. But you can't make any calls or send texts, or add anything to the phone's memory (such as saving numbers or taking a photo).
• Don't push the SIM card out if the card it comes in until you're happy with your phone. You won't be able to return the phone once the SIM has been used.

It's my fault for not reading every last bt of detail. But the part about the sim card, some phones don't start up if a sim card is not present.

Guys_Dad

bsnoopy66 wrote: »

I didn't know that if I used the services it would void the 7 day return. But if I paid for days I used the services woud that help?

You would have if you had read the cancellation rights in their t&c. What I tried to give you was their responsibilities in respect of supplying you with that information in writing and the leeway you had after they had done so.

Failing to read these and "not knowing" carry absolutely no weight in law I am afraid.

Distance selling regulations protect the buyer - but they also protect the seller. Any distance seller of mobile phones plus the networks have the same sort of t&c and if you don't read up on these things before you buy, then you can't blame the vendors for using the law just as you would if the boot was on the other foot.

They clearly don't want to lose their commission and get landed with a 2nd hand phone, so they are sticking to the DSR. What you need to do is see if they have complied fully with their side and if they haven't then use the law to make them take it back.

But you have to realise that from their point of view the cancelled sale will have cost them money - them, not the network. The network will have lost the value of the sim, CPW will have incurred postage and have a refurbished value phone because you changed your mind. They would rather that DSR laws were scrapped, but they won't be, so if you fail to read the small print, that's one against the head for them and experience gained at a cost for you.

So, do some work - read the escape clauses, see if any apply in your case - search the web like I did and see if there is any way that you can redeem the situation that you got yourself in by not reading up BEFORE you ordered based upon any slip ups they may have made in not applying their side of DSR properly.

Don't hang around as time is of the essence.

bsnoopy66

Is it possible for Carphone Warehouse to alter contracts or monthly costs or does that have to be done with the service provider only. If they can sweeten it up a bit i'd be happy.

Guys_Dad

Why should they unless they have cocked up? You agreed a deal and now want to renegotiate???

Quote from Gordon - "Get real."

In any event, they can't change the network monthly charges. If you want to swap plans, they might let you - as long as you want to spend more not less!!!

Look, you have seen a better deal after you entered a contract. It happens. If you can't find anything they have done in breech of DSR, then you need to understand that you are contracted by law to a deal you made freely. You will need to live with it and use it as a lesson for life to remember to do proper research before buying and read the t&c so you know exactly where you stand before "signing" anything.

I think your hand has been held sufficiently for now.