Returning phone and contract. Rules on this.

macman

Ah yes, those pesky dales persons! I refuse to buy anything from Yorkshire myself...
There's a simple solution to unwanted sales calls..it's known as 'putting the phone down'.
Who mentioned petty crime?

grumbler

macman wrote: »

.... why did you agree the contract knowing that it was 'too expensive'?

What was the point in asking this OOT question? Wasn't it made perfectly clear?

raindropsy wrote: »

...I was pressured ...

macman

To which the response is 'no thank you'. And end the conversation.

Herongull

gjchester wrote: »

I agree. However the DSR has a clause that once unsealed software becomes void from the DSR. Unless there is a company policy other wise you have no right to return software once the seal is broken.

As I said I think its pretty poor from a customer service point of view but it's position Three take.

There is definitely an exclusion in relation to CDs (and probably DVDs) if the seal is broken. You are probably right about software too.

I think this exclusion was to prevent an abuse of the regs where otherwise people could order CDs, DVDs and software, and then copy it/install it and then return it for a refund.

The situation is different with phones, tablets, laptops, cameras and clothes. You only order them because you want one.

People normally only return them (under DSRs) if they find they don't like them (or possibly if they see them cheaper during the cooling off period, but John Lewis would do a price match anyway). This is the intended purpose of the DSRs. The sellers have an incentive to describe the products as accurately as possible, so the buyers get what they are expecting.

Herongull

macman wrote: »

Secondary contract? If it's an additional phone on the same contract, then that may not count as a new contract, but as an upgrade. If so cooling-of,f does not apply.
Since you presumably knew the price when you signed up, why did you agree the contract knowing that it was 'too expensive'?

Upgrades are not one of the exclusions under the DSRs, so the OP should definitely have the DSR cooling off period if the service is not used.

Safer not to make any phone calls or texts or data to avoid the "waiving right to cooling off period for services" potential "loophole".

OP has been sensible to record the phone call. There is a distinct possibility that the mobile company could "forget" what was said in the phone conversation.....

gjchester

Herongull wrote: »

I think this exclusion was to prevent an abuse of the regs where otherwise people could order CDs, DVDs and software, and then copy it/install it and then return it for a refund.

This is the intended purpose of the DSR.

The intention of the DSR is so you get to touch and see something to check size,colour, feel, weight and so on.

Consider this you bought blue jeans on line but when the arrived they were an almost black shade of blue as the photo was under strong lights, if you has been in store you would have realised.before buying and possibly bought something else. Before DSR you had no return rights as the jeans were blue if a dark blue. The DSR tries to give you the same experience as in store.

As I said three have a very narrow view that the phone can be looked at, touched, but not turned on. I think it's a poor policy from a customer service point of view, and yes it's a very narrow reading of the DSR but what they take. It's been like it a few years so either no-one has challenged it in law or it's a valid reading of the DSR.

gjchester

Herongull wrote: »

Upgrades are not one of the exclusions under the DSRs, so the OP should definitely have the DSR cooling off period if the service is not used.

Another gray area. DSR covers new contracts. An upgrade is often not a new contract but a continuation of the old.

However most companies apply DSR to all sales regardless of new or upgrades as its good customer service, and an upgrade may be a new contract rather than a continuation, so it's not always the case the DSR applies.

Herongull

gjchester wrote: »

The intention of the DSR is so you get to touch and see something to check size,colour, feel, weight and so on.

Consider this you bought blue jeans on line but when the arrived they were an almost black shade of blue as the photo was under strong lights, if you has been in store you would have realised.before buying and possibly bought something else. Before DSR you had no return rights as the jeans were blue if a dark blue. The DSR tries to give you the same experience as in store.

As I said three have a very narrow view that the phone can be looked at, touched, but not turned on. I think it's a poor policy from a customer service point of view, and yes it's a very narrow reading of the DSR but what they take. It's been like it a few years so either no-one has challenged it in law or it's a valid reading of the DSR.

As has been said previously, if three has narrow view of the DSRs this not relevant in relation to consumers statutory rights under the DSRs.

Sellers cannot contract out of their obligations under the DSRs, nor can they choose how to interpret them.

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.
You may provide instructions to the customer about how to take care of the goods and packaging, however, any instructions cannot restrict a customer’s reasonable opportunity to inspect and assess the product. Customers have the right to cancel even if they fail to take reasonable care of the goods, however, you do have a right of action against customers for any breach of their statutory duty to take reasonable care.

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

Herongull

gjchester wrote: »

Another gray area. DSR covers new contracts. An upgrade is often not a new contract but a continuation of the old.

However most companies apply DSR to all sales regardless of new or upgrades as its good customer service, and an upgrade may be a new contract rather than a continuation, so it's not always the case the DSR applies.

There seems to be confusion here about the legal status of "upgrades".

In the context of mobile phone contracts, the term "upgrade" is a marketing term not a legal term.

Mobile phone contract "upgrades" are normally for a different minimum contract period and a different monthly payment.

Legally these are new contracts and are covered by the DSRs.

grumbler

Herongull wrote: »

There seems to be confusion here about the legal status of "upgrades".

In the context of mobile phone contracts, the term "upgrade" is a marketing term not a legal term.

Mobile phone contract "upgrades" are normally for a different minimum contract period and a different monthly payment.

Legally these are new contracts and are covered by the DSRs.

I agree, but a different minimum contract period is absolutely irrelevant - unlike monthly price and allowances.
For a genuine upgrade of some service contract the new term doesn't necessarily have to be the same.