buymobilephones T&Cs and clause 10.4

DocHants

Ive been looking for 2 new phones since my current contract runs out soon, and was going to use this co for cashback on line rentals. Ive done my research, and have also had my fingers burnt in the past when I used a small independant company for cashback who went bust. I had had 3 years of trouble free cashbacking prior to this with mainstream retailers, when I was running 2 phones for this time, and over this period was actually in credit, due to free line rental and quidco.

Im also aware that these offers are subject to some pretty tough T&Cs with regards to vouchers and dates and what must be sent, but as long as you stick to these terms, there should not be a problem. I alwyas check all docs/vouchers upon receipt and also T&Cs, and keep everything safe til its needed. Copy everything I send, and send it special delivery - and have never missed a cashback yet.

I was doing my research on this company, and found most of the complaints are about one of their clauses, 10.4

http://www.buymobilephones.net/info_terms.php?id=12

10.4. Mobile phones cannot be returned if they have been used. This includes (but is not exclusive to) making calls, sending texts, using the Internet or setting up email accounts, taking photos, copying files or data to the device or using applications.

I assume this excludes phones that are faulty, which can only be found to be faulty by being used? Surely mobile phones come with a warrenty, and also as a consumer I am protected by SOGA 79, which would empower me to return a faulty item within 6 months of purchase (as any fault that becomes evident during this period is assumed to have existed at the time of purchase). Clause 9.8 is therefore misleading, and is infact incorrect and contradicts the SOGA.

9.8. Where goods become faulty within the first 28 days and qualify for an exchange, the faulty items must be returned to us, with the original packaging, within 28 days of the date of Invoice. Items returned as faulty and subsequently found to be subject to customer damage will incur charges. These charges will be pursued by BuyMobilePhones.net.

Ive successfully used this before on an item which had a fault 5 months after purchase, and despite being told by staff a refund could only be given upto 28 days, I stood my ground as I knew my rights, and they eventually gave me a full refund.

Regardless of what is in any T&Cs, the SOGA supercedes them, and any company enforcing otherwise is acting unlawfully. I would not hesitate in pursuing a claim in the small claims court if they tried to do otherwise.

i personally think, from complaints I have read, that some people believe they are entitled to return something just because it is not suitable - no company is obligated to do anything if you simply dont like it, or have changed your mind. You can return something within 7 days subject to Distance Selling Rights if the item is unopened or unused, so it can be resold without any loss to the company.

Ill be contacting them tomorrow to clarify a few things before I make a purchase decision...

Rant over....

Exhortation

10.4 will be referring to the Distance Selling Regulations and is correct.

9.8 does not contravene the SOGA. They are stating that if a phone develops a fault within 28 days they will exchange it rather than send it away for repair, which they are perfectly entitled to do under the terms of the Act. At no point are they saying you cannot enforce your rights under the Act. To do so would render the contract null and void and companies like buymobilephones simply aren't that stupid.