Informed of price inrease within 14 days of starting contract

dijital

Hi all,

I started a new orange contract last week via Phones4u online, I got a text message stating the price of the contract is going up yesterday (for me it will go up in six months).

WHAT THE HELL!?!

The problem is, phones 4u state they don't have a 14 days return policy and it has been over 7 days.

What's the situation with me cancelling the contract and sending the phone back?

Thanks.

d123

14 days is just an arbitrary figure that you seem to think means something, it doesn't have any legal standing, perhaps you are confusing it with the old satisfaction guarantee some networks allowed?

The only legal time period that could be relevant is 7 working days (and only if you bought online or by telephone).

If you bought the phone in store, the contract became valid from the moment your pen signed the paper.

matttye

d123 wrote: »

14 days is just an arbitrary figure that you seem to think means something, it doesn't have any legal standing, perhaps you are confusing it with the old satisfaction guarantee some networks allowed?

The only legal time period that could be relevant is 7 working days (and only if you bought online or by telephone).

If you bought the phone in store, the contract became valid from the moment your pen signed the paper.

Where do you get seven days from? The Sale of Goods Act says:

"35 Acceptance.

(1)The buyer is deemed to have accepted the goods [F35subject to subsection (2) below—

(a)when he intimates to the seller that he has accepted them, or

(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract, and

(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.

(4)The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.

(5)The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.

(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—

(a)he asks for, or agrees to, their repair by or under an arrangement with the seller, or

(b)the goods are delivered to another under a sub-sale or other disposition.

(7)Where the contract is for the sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit.

(8)]Paragraph 10 of Schedule 1 below applies in relation to a contract made before 22 April 1967 or (in the application of this Act to Northern Ireland) 28 July 1967."

What constitutes a "reasonable amount of time" ? That's something you'd have to argue in court if they refuse to take it back.

DUTR

matttye wrote: »

Where do you get seven days from? The Sale of Goods Act says:

"35 Acceptance.

(1)The buyer is deemed to have accepted the goods [F35subject to subsection (2) below—

(a)when he intimates to the seller that he has accepted them, or

(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract, and

(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

blah blah snipped

Either way the answer to the OP is no!, there have been tiresome threads on the topic, and the network is not going to back track on this descision Amen.

Herongull

7 days comes from Distance Selling Regs which enable you to change your mind and end contract.

Soga allow a reasonable time, not specified, rule
of thumb is a month. But relates to faulty goods.

Only DSRs relevent here so 7 days is the limit
.

d123

matttye wrote: »

Where do you get seven days from?

The clue is in the post.

only if bought online or by telephone

The Distance Selling Regulations allow 7 working days to return an item or reconsider a contract if bought online or by mail order.

I also didn't say seven days, it's 7 working days, which isn't the same thing.