Orange Cooling Off Period

Abi_2010

Hi,

I have just order a mobile phone from orange over the phone, the phone has arrived and I don't like it. I have called them up and they have said that I can return the phone for an exchange but am not able to cancel the contract I will have to take another phone with them.

Am I not covered under the Distance Selling Regulations for this? I am within the 7 day period and I am really looking for some advice please.

Thanks

grumbler

They are lying.
You can cancel everything within 7 days and pay only for the services you have actually used (if any).

Buying on the web / from home

gas4you

I've done this with Orange before.

No problems, everything was sorted and the refund for the phone came through after about 2 weeks.

Guys_Dad

grumbler wrote: »

They are lying.
You can cancel everything within 7 days and pay only for the services you have actually used (if any).

Buying on the web / from home

Orange are pretty good with not placing any restrictions on testing handset within the 7 day period, so Grumbler is correct in Orange's case.

However, 3 place the stupid, but somehow legal, restriction that if you open the handset and switch it on and use any of its features, then you are deemed to have started the service and you can't return the handset. Check out other threads on this point.

gjchester

Guys_Dad wrote: »

However, 3 place the stupid, but somehow legal, restriction that if you open the handset and switch it on and use any of its features, then you are deemed to have started the service and you can't return the handset. Check out other threads on this point.

I agree it's a narrow reading but lets remember the intent of the DSR. It's so you have the same rights over the phone / web as you would in a store to check colour, shape, feel etc.

The spirit is so you can order a pair of blue jeans and know if when they turn up are really green but the vendor had take an really bad photo they can be returned.

It's not and was never intended to be a trial period for anything (phones or jeans), just an examination period in the case of jeans you can try them on, as you might in a shop but not expect to wear them out a few days then return them. In that respect you can understand why Three take the view that is use you use it then you are no longer inpecting the goods but have accepted them.

robt_2

Guys_Dad wrote: »

Orange are pretty good with not placing any restrictions on testing handset within the 7 day period, so Grumbler is correct in Orange's case.

However, 3 place the stupid, but somehow legal, restriction that if you open the handset and switch it on and use any of its features, then you are deemed to have started the service and you can't return the handset. Check out other threads on this point.

To be honest, if anything, 3 take the correct action. It is not, and has never been a trial period.

As for how it is legal, software is exempt from DSR, therefore by turning the phone on you are using the software.

grumbler

robt wrote: »

As for how it is legal, software is exempt from DSR, therefore by turning the phone on you are using the software.

This is just a pathetic and ridiculous excuse. Calculators, cameras, TVs etc. come with software nowadays. This dosn't mean that I cannot return them after switching on.

When they said 'software' they definitely meant the one that comes on, say, CD - to prevent it from being installed and then returned. As usually, our lawmakers just are not literate enough to write unambiguously what they actually mean.

System

Abi_2010 wrote: »

Hi,

I have just order a mobile phone from orange over the phone, the phone has arrived and I don't like it. I have called them up and they have said that I can return the phone for an exchange but am not able to cancel the contract I will have to take another phone with them.

Am I not covered under the Distance Selling Regulations for this? I am within the 7 day period and I am really looking for some advice please.

Thanks

The contract can not be cancelled because the service started as soon as you agreed to it over the phone. They do not have to cease this if they do not wish to

You have the right to return the phone and either have it replaced or a refund. However as the phone is free that leaves you with a phone contract and no phone if you go for the refund

grumbler

This is absolutely wrong.
The contract can be cancelled because it was sold over a phone.
The phone can be returned similarly.
The money has to be refunded.

robt_2

robt wrote: »

To be honest, if anything, 3 take the correct action. It is not, and has never been a trial period.

As for how it is legal, software is exempt from DSR, therefore by turning the phone on you are using the software.

grumbler wrote: »

This is just a pathetic and ridiculous excuse. Calculators, cameras, TVs etc. come with software nowadays. This dosn't mean that I cannot return them after switching on.

When they said 'software' they definitely meant the one that comes on, say, CD - to prevent it from being installed and then returned. As usually, our lawmakers just are not literate enough to write unambiguously what they actually mean.

I didn't say otherwise.

!!!!!! wrote: »

The contract can not be cancelled because the service started as soon as you agreed to it over the phone. They do not have to cease this if they do not wish to

You have the right to return the phone and either have it replaced or a refund. However as the phone is free that leaves you with a phone contract and no phone if you go for the refund

Totally wrong.

Guys_Dad

!!!!!! wrote: »

The contract can not be cancelled because the service started as soon as you agreed to it over the phone. They do not have to cease this if they do not wish to

You have the right to return the phone and either have it replaced or a refund. However as the phone is free that leaves you with a phone contract and no phone if you go for the refund

No, you are wrong.

You have made the mistake of quoting DSR/SOGA and not the t&c of Orange which are more generous.

Don't believe me? Then look here

http://shop.orange.co.uk/mobile-phones/deliveryandreturns.