Returning an unused phone to Phones4u???

i3lade4life

Last weekend I ordered a Samsung Galaxy S3 LTE on a Pay monthly deal(upgrade from my old phone) from phones4u and was told that it would be delivered in 3 days. Basically it hadnt turned up after 6 days, so when I called them they said that phone was no longer being produced.
They then offered me the original S3 for a lower price PM. Which I reluctantly accepted.
I am now regretting this decision.
The phone has been dispatched but has not been delivered yet.
Am I entitled to send this phone back (untouched)? The info I have read about this matter is slightly confusing, so if anyone could shed some light on this I would really appreciate it.

gjchester

i3lade4life wrote: »

Last weekend I ordered a Samsung Galaxy S3 LTE on a Pay monthly deal(upgrade from my old phone) from phones4u and was told that it would be delivered in 3 days. Basically it hadnt turned up after 6 days, so when I called them they said that phone was no longer being produced.
They then offered me the original S3 for a lower price PM. Which I reluctantly accepted.
I am now regretting this decision.
The phone has been dispatched but has not been delivered yet.
Am I entitled to send this phone back (untouched)? The info I have read about this matter is slightly confusing, so if anyone could shed some light on this I would really appreciate it.

You say upgrade but then it sounds like you took out a new contract, did you keep the same number and it was a true upgrades, if so then your rights under the distance selling rules are diminished as it's seen you are an existing customer not a new customer. In that case you can ask for a different handset but you have no rights to cancel the upgrade

If you ordered it online, and its a NEW contract you can return it under the distance selling rules you can return it within 7 days for any reason.

If you ordered it in store, then you have no rights to return it.

Details are here http://support.phones4u.co.uk/pe/action/km/viewelement?id=10100262&channelID=10&portalPageId=10256075

macman

No cooling-off period on an upgrade.

i3lade4life

I have now contacted Phones4u, as I wanted to return the S3 and swap it for a Iphone 5 (with a more expensive contract). They told me that I can not swap it for the iphone or the blackberry and gave me some BS about why they couldnt do it.
Im starting to really regret upgrading with them.
Now I am going to be tied into a contract for 2 years with a phone that I didnt want in the 1st place.

gjchester

i3lade4life wrote: »

I have now contacted Phones4u, as I wanted to return the S3 and swap it for a Iphone 5 (with a more expensive contract). They told me that I can not swap it for the iphone or the blackberry and gave me some BS about why they couldnt do it.

Unfortunately P4U have the tightest restrictions on returns of any provider, you have no rights under the distance selling act to return an upgrade, (although many shops offer the same as the DSR out of good will)

They don't even need to give you a reason as it's an upgrade.

You only real option is to sell the S3 and buy an iPhone, Ebay has the selling for the £300 to £400 pound mark. You need to pay fees from that, and add some money to get to the iPhone price.

You may even find it cheaper overall with a the lower monthly contract cost than the iPhone contract will be.

Herongull

Under Distance Selling Regulations, you should be able to cancel within 7 days (irrespective of P4U's policy on cancellations as they can not contract out of the DSRs or the DSR cooling off period).

However you can lose the 7 day cooling off period is if you agreed for the service to start immediately and you waived your statutory rights to the cooling off period.

Sometimes with existing customers they persuade you to start the new contract immediately and there is something in the T&Cs to say that if you agree to this you are waiving your statutory rights to the cooling off period.

So when was it agreed that the service would start? Immediately or when the phone arrived or when?

Herongull

gjchester wrote: »

Unfortunately P4U have the tightest restrictions on returns of any provider, you have no rights under the distance selling act to return an upgrade, (although many shops offer the same as the DSR out of good will)

They don't even need to give you a reason as it's an upgrade.

This is incorrect. See my post (no 6).

There seems to be quite a lot of confusion about DSRs and phone contracts.

gjchester

Herongull wrote: »

This is incorrect. See my post (no 6).

There seems to be quite a lot of confusion about DSRs and phone contracts.

This is however an upgrade, it's not a new contract so not covered by the DSR.

Herongull

If you get an extension to an existing contract, the DSR cooling off period may not apply.

But extensions don't have to involve an upgrade and upgrades may not necessarily be extensions.

It all depends on the situation. For example:

If the "upgrade" (ie you got a new phone as part of the deal) is with a third party, but the old contract was directly with the network provider, this is unlikely to be considered an extension to the existing contract because the two contracts are with different legal entities. The fact you are keeping the same phone number is not relevant.

If the upgrade is with a the same company, but you change your package, this could make it more likely that you have a new contract rather than an extension.

Transferring from PAYG to pay monthly with the same company would always be a new contract AFAIK. Similarly going from one-month sim-only contract to a 12 month (or longer contract) with "free phone" would probably also be a new contract. Changing to a different package of minutes, texts, and data might (or might not be) considered a new contact. But simply extending the duration (without changing much else) would probably be considered to be an extension.

The key thing is whether a court would consider the deal to be an extension or new contract. (NB I am a layperson not a lawyer).

The fact that you got a "free phone" as part of a deal ("an upgrade") is irrelevant.

Guys_Dad

I think the fly in the ointment is if you start the service within the cooling off period, then you lose the right to return the handset under DSR.

With an upgrade, there is no break in service so you are using the service within any cooling off period and consequently lose the right.

But P4U do give you other rights of exchange on an upgrade, so be pushy about those.

Herongull

Guys_Dad wrote: »

I think the fly in the ointment is if you start the service within the cooling off period, then you lose the right to return the handset under DSR.

With an upgrade, there is no break in service so you are using the service within any cooling off period and consequently lose the right.

But P4U do give you other rights of exchange on an upgrade, so be pushy about those.

Yes, this was the other possible loophole associated with "upgrades", I mentioned in my earlier post (#6).

But we don't yet know whether the new service was agreed to start - see the questions to the OP in my post #6. NB The OP hadn't yet received the phone when he/she posted.