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No Return on New Mobile Upgraded 2 Days Ago??

Hello,

I upgraded my mobile with Three to a Nokia Lumia 800. I'm really struggling to use this phone, I don't like the lay out. I had a look through my contract as I thought I would have a 14 day 'cooling off' period but the contract states that if the phone has been used (E.g. telephone calls, texts, browsing internet etc) I am not aloud to return it.

Is this correct? I thought that any thing bought online/via phone can be returned within 14 days.

Your help and assistance would be greatly appreciated.

LoLaing

Comments

  • latecomer
    latecomer Posts: 4,331 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Have you phoned and asked? When I upgraded with Orange recently I was told I had 14 days to change the phone although I couldn't change my mind on the contract agreement.
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    It's an upgrade so you do not get a cooling off period apart from what the SP will allow
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Jon_01
    Jon_01 Posts: 5,919 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The distance selling regs are there so you can check you've been sent the right make, model, colour ect. There's not there to give you a free 7 day trail of the item you've bought (what is the seller going to do with a stack of second hand, used stock?).

    You're supposed to have done your research before you buy, not after.
  • I'd phone three, most companies are more generous than their T&C would suggest. If they don't give you any joy you can sell it on ebay at the moment for a good amount of money while they are still new and exciting, then use that money to buy a cheaper android phone.
  • gjchester
    gjchester Posts: 5,741 Forumite
    LoLaing wrote: »
    Hello,

    I upgraded my mobile with Three to a Nokia Lumia 800. I'm really struggling to use this phone, I don't like the lay out. I had a look through my contract as I thought I would have a 14 day 'cooling off' period but the contract states that if the phone has been used (E.g. telephone calls, texts, browsing internet etc) I am not aloud to return it.

    Is this correct? I thought that any thing bought online/via phone can be returned within 14 days.

    Your help and assistance would be greatly appreciated.

    LoLaing

    Unfortunatly its correct.

    Three allow you time under the DSR rules to examine the phone, however if you turn it on and use it in any way then it's deemed that you have "personalised" the software and void the DSR.

    There are exclusions to the DSR, ans software and personalised items are bot excluded, it's a very narrow view Three take but they are within the law.
  • Buzby
    Buzby Posts: 8,275 Forumite
    As suggested, you can sell it as a new phone and use the money to buy one you actually like - and that you've tried in advance.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    Unfortunately 3 have the worst DSR policy re handsets. Breathe on it, and you it's yours!!

    Remember for next time and either test out properly or switch to another network.
  • i sent my upgrade with orange back this week with no problems it was a lumia 800 i just dont like touch screens and ive had mobiles since the 80's.
    i had a htc and sold it and got a s/hand blackberry which i prefer i will probably get a 9900 blackberry
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