refund on times subscription offer

tim8765

Hi
I recently signed up to a offer from the Times involving a nexus 7 & a 18month digital subscription.
There was 2 offers in place, the first offered a nexus 7 for £50 when you take out a 18 month subscription for £17.99 a month.
The second offer was a nexus 7 & a 18 month subscription for a one off payment of £299.
I purchased the second option & recieved my nexus 7 today after a 2 week wait. On opening the nexus 7, it wont turn on (this apparantly being a common problem ) . I phoned the times to cancel & was informed that the 7 day cooling off period was over & the best they can do is replace the nexus 7 or give me a £50 refund for the nexus 7.
I argued that i purchased the subscription & nexus 7 together as a inclusive package & both should be subject to the distance trading laws giving me 7 days to cancel after reciept of goods,
but they still refuse to refund the suscription.

Can anybody advise me if i am wright in thinking, as i bought them together as a package for a one off payment i shoud be able to cancel both together up to 7 days after i recievd the nexus 7 .

thanks Tim

vuvuzela

Why not accept a replacement ?

I suspect they would argue that as you signed for a contract for a newspaper on digital delivery, this is exempt from DSR as per http://www.lawdonut.co.uk/law/sales-and-marketing/distance-and-online-selling/distance-selling-and-marketing-21-faqs#10

...and also, as your subscription has started, "The customer's right to cancel automatically ends if you start performing the service "

tim8765

youre possibly right
The reason i didnt want to accept a replacemnt, is having googled the problem with the nexus 7 I also found a lot of people complaining about the times android app having also signed up for the same deal
thanks
Tim


thanks Tim