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Cooling off period?

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Hello,

I am with Orange and yesterday upgraded my contract (an early upgrade as my phone broke). I paid £40 to upgrade early and chose a free phone. I initially spoke on the phoneto upgrade as it is much easier but they were out of stock of the phone I want so the person on the phone looked at stock levels on line and found there were phones in 2 stores close to me. rather than wait overa week I chose to go in store. I didn't know that the tariffs are different! (yes maybe I should have but that's not the point - aren't they obliged to be transparent and help the customer make the best choice?)

I signed up to a 2 year contract but once home discovered the tariff I was offered in store was half what I was offered on the phone. No one said anything! I was bamboozled by all the information at the time and had had a horrible time fighting off sales assistants trying to get me to upgrade to tariffs £10 more than I wanted.

After this experience I really don't want anything more to do with Orange. Does my contract have a cooling off period ? I feel totally misled.

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 January 2013 at 3:14PM
    crystalcag wrote: »
    ...aren't they obliged to be transparent and help the customer make the best choice?
    Transparent? Possibly.
    The best choice? I don't think so.
    After this experience I really don't want anything more to do with Orange. Does my contract have a cooling off period ? I feel totally misled.
    Generally for in-store purchases it depends entirely on the store policy. There are no any legal requirements to offer cooling off period.

    Get a cheap spare phone. Next time your phone breaks down you'll be able to act more reasonably without rushing into anything.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No cooling-off period on an upgrade AFAIK.
    And since you purchased in store, you can't invoke the distance selling regs.
    No free lunch, and no free laptop ;)
  • crystalcag
    crystalcag Posts: 25 Forumite
    edited 14 January 2013 at 5:19PM
    and to top it all it has developed a fault! grr

    Thanks for your comments

    Grumbler I used to have a cheap spare phone but gave it away to someone a couple of weeks ago!. I literally spent hours poring over internet sites to decide on the phone. I didn't rush into it at all so it's doubly annoying. I think I acted very reasonably- it seems to me reasonable to expect to be treated fairly. mutter mutter. When it came to the tariff I assumed that Orange who advertise their "best plan" service would actually offer me the best plan.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unfortunately a lot of users spend far more time choosing the phone rather than the contract. One is easily changed, the other is not.
    The best deals are invariably online or by phone to retentions, not over the counter: bricks and mortar stores have massive overheads, which are reflected in contract prices.
    No free lunch, and no free laptop ;)
  • Not 100% sure but if it has developed a fault that can't be remedied without replacing the phone, then you might be able to get around it that way.

    Like I said, I'm not sure but it might be worth checking out.
  • cgk1
    cgk1 Posts: 1,300 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Not 100% sure but if it has developed a fault that can't be remedied without replacing the phone, then you might be able to get around it that way.

    Like I said, I'm not sure but it might be worth checking out.

    Makes no difference, the contact is for the sim card and network services not the phone.
  • cgk1 wrote: »
    Makes no difference, the contact is for the sim card and network services not the phone.

    This is true but it used to be Orange policy that if a new or upgrade phone developed a fault (that meant said phone needed replacing) within 28 days of purchase, you were given the option of cancelling the agreement.

    I know because I used to process the cancellations myself!

    It was a good few years ago though so this may have completely changed now.
  • I just found this: It is from the EE website. The shop where I upgraded was actually an EE shop although the upgrade was with Orange. Very confusing all this EE/Orange business
    We want you to be happy with what you’ve bought from us. If you’re not, here is how you may be able to return your purchase.
    This policy is for new and existing customers who join or upgrade in this store only, apart from the purchase of:
    • EE home broadband ;
    • accessories;
    • any extra services added to your account after you join or upgrade; and
    • insurance services (where separate insurance terms will apply).
    If you take out or upgrade more than one line with us, this policy applies to each separately.
    We do not offer a change of mind policy on any of our products in store. However, we do offer a 14 day return on our products if you are experiencing coverage issues or our coverage does not meet your expectation.You’ll have 14 calendar days from when you join or upgrade, including the day of original purchase or upgrade, to return your phone and/or plan to the store where you purchased. You can only make one return within this time.
    You’ll need your original receipt and the phone/device you’re returning must be complete and in “as new” condition. That means you’ll have to return the phone and any inclusive ‘in-box’ accessories (including the charger) supplied. You’ll also have to return any free or promotional items that you got at the same time as joining or upgrading in “as new” condition too. We’ll then refund you what you paid us, bearing in mind the points below.
    If you’re returning an upgrade, you’ll then go back onto your previous phone and plan and any remaining minimum term commitment will still apply. If you’re a pay monthly customer, we’ll refund any deposit or upfront payments back to you, using the payment method that you originally used.
    You will have to pay your line rental and charges for any services that you’ve used before you returned your phone to us. We’ll set off any services you use against your allowance, based on the number of days before you returned your phone. This will be reflected on your final bill, plus any refund of any upfront payments you paid for with your first bill.
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