e2save 7 day cooling off period Can I cancel if I used the sim?

pineapplepieces

I bought a contract with cheapy phone on t mobile via e2save which arrived on the 25th. I have used the sim card (in a different phone) to send a few texts and according to their terms and conditions this means "i have accepted the airtime contract". Under the distance selling regulations can i still return this phone and cancel the contract even though I have used the sim to send 2 texts?
(Can't call them to ask as theyre returns centre only open on weekdays)



Does the DSR and any statutory rights overide their terms and conditions below which seems to suggest I wont be able to cancel now I've used the sim?


E2SAVE T&C copy pasta
If you change your mind we will be happy to cancel your agreement and provide a refund of any amounts paid in
respect of the products provided:
• You have not have used any of the products. Usage of your SIM card or handset signifies acceptance of your
airtime contract and handset. Usage means, but would not be limited to using the network for example by
making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of
the product for example amending settings, saving any data, adding a contact or appointment, taking a
photograph or using an application. You will not be able to return your handset or cancel your airtime contract
if the SIM card or handset has been used. If you use your handset whether before or after notifying us of your
wish to cancel, you will be responsible for all charges incurred under your airtime contract and these may not
be refunded. Additionally, you may not be permitted to cancel your airtime contract under the terms thereof.
Please refer to the terms of your airtime contract for further information.
• You notify us of your intent to cancel within seven working days starting the day your order arrives. If your airtime
provider has required a deposit and the airtime contract is cancelled, you will need to request a refund of your
deposit from the airtime provider directly.
• You must take care of the products (including all equipment, manuals and accessories) until received by us so
all products must be returned undamaged and unused otherwise you may be charged for the cost of
collecting them or the value of the missing, damaged or used items.
• If you use your product whether before or after notifying us of your wish to cancel, you will be responsible for all
charges incurred under your airtime contract and these may not be refunded.

gjchester

pineapplepieces wrote: »

I bought a contract with cheapy phone on t mobile via e2save which arrived on the 25th. I have used the sim card (in a different phone) to send a few texts and according to their terms and conditions this means "i have accepted the airtime contract". Under the distance selling regulations can i still return this phone and cancel the contract even though I have used the sim to send 2 texts?
(Can't call them to ask as theyre returns centre only open on weekdays)



Does the DSR and any statutory rights overide their terms and conditions below which seems to suggest I wont be able to cancel now I've used the sim?


E2SAVE T&C copy pasta
If you change your mind we will be happy to cancel your agreement and provide a refund of any amounts paid in
respect of the products provided:
• You have not have used any of the products. Usage of your SIM card or handset signifies acceptance of your
airtime contract and handset. Usage means, but would not be limited to using the network for example by
making or receiving a call, SMS or MMS, accessing the Web or downloading, or using any of the functions of
the product for example amending settings, saving any data, adding a contact or appointment, taking a
photograph or using an application. You will not be able to return your handset or cancel your airtime contract
if the SIM card or handset has been used. If you use your handset whether before or after notifying us of your
wish to cancel, you will be responsible for all charges incurred under your airtime contract and these may not
be refunded. Additionally, you may not be permitted to cancel your airtime contract under the terms thereof.
Please refer to the terms of your airtime contract for further information.
• You notify us of your intent to cancel within seven working days starting the day your order arrives. If your airtime
provider has required a deposit and the airtime contract is cancelled, you will need to request a refund of your
deposit from the airtime provider directly.
• You must take care of the products (including all equipment, manuals and accessories) until received by us so
all products must be returned undamaged and unused otherwise you may be charged for the cost of
collecting them or the value of the missing, damaged or used items.
• If you use your product whether before or after notifying us of your wish to cancel, you will be responsible for all
charges incurred under your airtime contract and these may not be refunded.

The DSR is to give you the same rights as is you were in store, it's aim was to help stop fraululant description or images being used as a reason to reject a refund.

Lets say you order some black jeans but on getting them they turn out more like dark green and the image was taken in a pooly lit studio. Or to see that the phone on screen is the size and weight you expect not tiny or huge

It's NOT a trial period, once you use the goods then the DSR can be seen as voided, by using them you accepted the terms, you don't need to send a text to examine the phone.

I suspect you are now stuck with the phone but E2Save may accept it under a goodwill gesture, but thats it a good will gesture not a right. If you bought it in store you would have no rights to return it because you've changed you mind just the same.

paulwellerfan

no sorry op u will still have to pay