Talktalk Mobile

Splurge

You could just try call up another unhelpful person and hope for the best? Ask to speak to a supervisor too.

grumbler

mobilejunkie wrote: »

DSR are to make up for the fact that you can't physically see what you are buying - that is the only difference.

It's just your interpretation.

If you bought in a shop the shop wouldn't normally let you "try it out" before buying either.

A shop will normally let you try a display model. Making a telephone call or sending a text are the last things that I'd like to do when trying a handset.
When buying distantly I can try it at home with another sim or on WiFi without starting the service.

Peggy0628

If you ordered it online, over the phone of from a catalogue/newspaper ad you are covered by the distance selling regulation. You have the right to change your mind (because when you bought the item you were not able to inspect and see exactly what it was like)... You need to contact the seller and infrom them you wish to return the item within 7 days of receiving it (the actual return can be done later, you just need to inform them withinn 7 days). They should provide you with the return address and a reference number.

Herongull

For the benefit of all those "experts" giving uninformed advice:

Consumers rights under the DSRs are very strong (as long as you are within the cooling off period and you are not dealing with one of the exemptions to the DSRs.

"DSRs do not link cancellation rights with your ability to resell items as new. Unless the item falls under the cancellation exemption , customers can cancel a contract and return the goods to you even if they have opened and tested the goods and, as a result, you are unable to resell them."

"The purpose of the DSRs is to allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods.

In these circumstances, you cannot insist that customers return the goods as new or in their original packaging. You may ask customers to take care when they open the package or return goods with the original packaging, but you cannot insist on this.

The DSRs do not provide for goods to be returned in a fit state for resale."

And if a seller has T&Cs that try to reduce their protection under the DSRs, then guess which wins? The DSRs! You can't contract out of your statutory obligations. You can give consumers more rights in the T&Cs (eg a longer cooling off period) but not less.

So assuming we are just talking about the purchase of a phone (by distance selling: phone or internet or from a catalogue), then you can try out the phone, make calls, send texts, whatever to try it out.

And if you don't like you can return it within 7 days and get your money back (including the postage cost).

(Mobile contracts are also covered by DSRs as they apply to services as well as goods. But if you want the service to start immediately, you can agree to waive your rights to a cooling off period under the DSRs. Some mobile companies have something in their T&Cs to the effect that by you inserting the sim into the phone you are agreeing to waive your rights to a calling off period. But this only applies to services. If you just a buy a phone, you are buying a good not a service and there isn't this sort of waiver is not applicable.)

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/;jsessionid=E23763AB3FF747BE01BA7161292E98BF

Herongull

mobilejunkie wrote: »

And then they can't sell the phone as new so have to take a large hit because you're fickle? Next time I buy Corn Flakes, try then and don't like them the supermarket should refund me too! Gosh, I've been missing out; I could try everything out and get refunded at the supplier's expense if I decide it's not for me.

Yes, of course there is!!

This demonstrates a deplorable level of ignorance :eek::eek::eek::eek::eek:

If you know nothing about the DSRs, so why are you giving "advice"?

Do your homework - there is plenty of information on them online.

Herongull

And if you look in Talk Mobiles T&Cs, in fact they do give you more rights (not less) than the DSRs. They actually allow you to return within 14 days for both goods bought in a shop or by distance selling

"6.1 How do I cancel, return or exchange my order?
If you are unhappy with your purchase you can return it within 14 days. However, we are unable to accept any return or request for a return or replacement after 14 days from your date of purchase should you be unhappy with your choice of purchase.
Please read the information below and follow the instructions depending on where you purchased your mobile from.
6.1.1 Purchased from a store...
You should return your mobile to your point of sale with your proof of purchase.
6.1.2 Purchased via telesales or online...
Please ring our returns team and they shall advise you on what to do next on 0844 873 0333. Please have the following information ready when you call:

• Order number
• Full name
• Full address"

http://www.talkmobile.co.uk/help/termsandconditions.html

Guys_Dad

Herongull wrote: »

(Mobile contracts are also covered by DSRs as they apply to services as well as goods. But if you want the service to start immediately, you can agree to waive your rights to a cooling off period under the DSRs. Some mobile companies have something in their T&Cs to the effect that by you inserting the sim into the phone you are agreeing to waive your rights to a calling off period. But this only applies to services. If you just a buy a phone, you are buying a good not a service and there isn't this sort of waiver is not applicable.)

This point is put in layman's language on Which? site http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/

th written copy of their DSR t&c

Your right to change your mind about your new mobile service or phone
If you take out a pay-as-you-go or pay-monthly mobile contract at the same time, you still have the right to cancel the order and receive a full refund for up to seven working days from the day after you place the order. However, you waive your distance selling cancellation rights if you ask for the mobile phone service to start immediately.

So, putting your new sim in and making a call, text or any data deems you to have agreed to start the service. And if the handset was a free inducement to a 24 month contract, that's it!

But as I wrote earlier, the seller needs to supply you with written copy of their DSR t&c and their web site is NOT considered to be sufficient. That is the best get out

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

Herongull

Guys_Dad wrote: »

This point is put in layman's language on Which? site http://www.which.co.uk/technology/phones/guides/mobile-phone-problems/your-mobile-phone-rights/

th written copy of their DSR t&c

Your right to change your mind about your new mobile service or phone
If you take out a pay-as-you-go or pay-monthly mobile contract at the same time, you still have the right to cancel the order and receive a full refund for up to seven working days from the day after you place the order. However, you waive your distance selling cancellation rights if you ask for the mobile phone service to start immediately.

So, putting your new sim in and making a call, text or any data deems you to have agreed to start the service. And if the handset was a free inducement to a 24 month contract, that's it!

But as I wrote earlier, the seller needs to supply you with written copy of their DSR t&c and their web site is NOT considered to be sufficient. That is the best get out

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

Guy's Dad. I was assuming that the OP just bought a phone (ie a PAYG phone), not a contract phone.

If they just bought a phone, there is no service, so the phone company can't use this DSR services "getout".

In this situation (ie purchase a PAYG phone), you can put a sim in and use the phone and still return it under the DSRs

grumbler

Herongull wrote: »

.... I was assuming that the OP just bought a phone (ie a PAYG phone), not a contract phone.

If they just bought a phone, there is no service, so the phone company can't use this DSR services "getout". ...

Well, unless you meant sim-free, not PAYG, I don't see any reasons for saying that there is no service for PAYG.

Guys_Dad

Herongull wrote: »

Guy's Dad. I was assuming that the OP just bought a phone (ie a PAYG phone), not a contract phone.

If they just bought a phone, there is no service, so the phone company can't use this DSR services "getout".

In this situation (ie purchase a PAYG phone), you can put a sim in and use the phone and still return it under the DSRs

Unfortunately, I think others believed it was a contract, from their posts. Hence different advice. OP wasn't clear.