Orange contract via Phones4u - Cooling of period

charltonjames

Hi,

hope you can help me.

Around 11 days ago i got a call from Phones4u about a new contract after registering my interest for a new phone on their website. I was quite happy with the contract they offered, a renewal of my current orange contract, but i had planned to leave orange for 3. However, the two guys i talked to on the phone both told me that the phone i was after wasn't due for release on the 3 network. However, i have just learnt that it will be coming out on three on Friday.

I was therefore wondering if i have any ground to cancel the deal made with phones4u? As i was informed on the phone that they didn't offer a cooling off period for contract upgrades. However, could they be mistaken?

Also to add to this problem, i have read that the release of the phone (via phones4u) may be delayed by up to 5 days, although phones4u have not been in touch to inform me.

Any help would be appreciated,

Thank you.

grumbler

charltonjames wrote: »

...could they be mistaken? ...

No.
http://www.phones4u.co.uk/contact-us/help_terms.asp#tac8

8. Your returns options It’s very unlikely that you will need to return any goods to us, and we certainly hope that you don’t have to. However, we do recognise that there are rare occasions when this is necessary so to help you in such an event, here is the detail of our returns policy.
1. What if I change my mind?
Under the Distance Selling Regulations, you have 7 working days after the delivery date (not including the day of delivery)

It is stupid, but DSR don't apply to upgrades.

charltonjames

Thanks for the quick reply.

As i have yet to receive the phone, or suspect it has yet to be delivered, do you think i will be able to cancel? If so, would there be any legislation i could use to aid my request, as i'm sure phones4u will put up a strong fight.

latecomer

AS you haven't recieved the phone you should be in a better position but I'm no expert. If they have been late in deliverying it you should be able to use that as grounds for cancelling.

charltonjames

I have been told via email that i can cancel the phone but not the upgrade . They say their is no legislation that allows me to cancel an upgrade.

grumbler

This makes perfect sense.
When I said 'stupid' above I meant that DSR apparently applied to the phones with new contracts and didn't apply to the upgrade phones.
However, it is understandable that DSR apply to the new contracts, but don't apply to the upgrade contracts.

charltonjames

to confuse things slightly, according to the orange website, they allow you to cancel upgrades, no questions asked. So, i'm trying to find out if i could cancel the upgrade via them. I fear not, as they aren't sending me the phone. But surely if they allow it, it cant be out of phones4u control to cancel an upgrade.