3 upgrade cancellation

Herongull

Buzby wrote: »

There is no ability to cancel an upgrade, so no 'cooling off' period. The handset is a red herring, as the agreement is for the SIM, and whilst you might argue DSR allows you to return it, it will not have any affect on your service contract, which will continue regardless. Unless 3UK are willing to waive the contract - and I seriously doubt this - you will be stuck.

YOu've been hit by 'buyer remorse' and it is pretty common once the euphoria of a new purchase has hit home, but it is well-established that there are no cooling-off rights in this scenario. The time to have doubts is before confirming the order and receiving the goods.

By all means ask them politely, but I believe that ship has sailed, and you will need to stand by your original plan.

Much of this is correct, but the phone companies cannot contract out of their statutory obligations under the DSRs.

You do have a cooling off period for the service contract (for the use of the phone network) but if you want the service (new contract) to start before the end of the cooling off period you can agree to waive your rights (by inserting the sim and using the network).

Whether or not it is an upgrade is a red herring.

shakey1981

as soon as you put the simcard in the phone you have accepted the contract