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. 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.





(initially posted this on the mobile section but think it may be more appropriate here? sorry mods!)

bod1467

If you perform an action that starts a service contract then you are deemed to have accepted the contract. So DSR no longer applies - you have lost the cooling off period. Not sure where you stand though with respect to the phone itself.

pineapplepieces

Thanks bod

The phone was a free alcatel budget phone I was only really interested in the contract which is 18month cashback deal. I have found lots of conflicting advice via google searches and it seems people have different experiences dependent on the T&C of diff companies in regard how easy it was to cancel a contract within 7 days and whether they'd used the sim card to call/text etc.

Was really hoping for a way out of this one and am open to any further advice.

Elle7

Why do you want to cancel the contract?

Maybe that will help us to advise you...