help please

gixer750

was just wondering if anyone knows where i stand with a mobile phone contract......story is last saturday went into carphone warehouse and ordered a galaxy s4, they didint have one in stock so had to order one, but only if i signed contract and paid the £79.99 for the phone, which i did.
yesterday i saw a better deal (phones 4u) with same provider and tarrif but free phone, so got a text today to say my phone was in the shop, i said i would like to cancel and they said no, distance selling regs and 7 day cooling off periods do not apply, i have the phone in a bag and have not broken the security seal so was wondering as they had to order it in does this count as distance selling or is there another law that i can use to cancel their contract and get the same contract through another shop??

many thanks for any info or help

visidigi

gixer750 wrote: »

was just wondering if anyone knows where i stand with a mobile phone contract......story is last saturday went into carphone warehouse and ordered a galaxy s4, they didint have one in stock so had to order one, but only if i signed contract and paid the £79.99 for the phone, which i did.
yesterday i saw a better deal (phones 4u) with same provider and tarrif but free phone, so got a text today to say my phone was in the shop, i said i would like to cancel and they said no, distance selling regs and 7 day cooling off periods do not apply, i have the phone in a bag and have not broken the security seal so was wondering as they had to order it in does this count as distance selling or is there another law that i can use to cancel their contract and get the same contract through another shop??

many thanks for any info or help

DSR's do not apply - you ordered and paid in store.

The question comes down to the terms of the contract you signed - check what return policy they have in place.

gixer750

ok thank you,just thought there may be another law or something easier than trawling through a contract

ZhugeEX

So you've got the phone already?

In that case nope. The only way you can attempt to return the phone is either
-Through a good will gesture
-Mis Selling
-Poor coverage (good will gesture)
-Or faulty handset.

Why did you order in store when you could have gone through TCB or Quidco online and gotten cashback... and probably a much better deal.

visidigi

ZhugeEX wrote: »

So you've got the phone already?

In that case nope. The only way you can attempt to return the phone is either
-Through a good will gesture
-Mis Selling
-Poor coverage (good will gesture)
-Or faulty handset.

Why did you order in store when you could have gone through TCB or Quidco online and gotten cashback... and probably a much better deal.

Not true. A number of contracts have periods where you can return the handset. The detail is all in the contract.

ZhugeEX

visidigi wrote: »

Not true. A number of contracts have periods where you can return the handset. The detail is all in the contract.

Once again i'm going by Carphone Warehouse's returns policy.

It varies for others but what i've said above applies to carphone warehouse.
Unless the guy was on O2? But then he wouldn't have been turned away at the store.

grumbler

A faulty handset hardly ever can be a valid reason for cancelling the contract.

Returns policy is usually a separate document, not a part of the contract.

UsetheFORCE

From http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{f0022f20-041a-11df-f38f-000000000000}

4. Cancellation, Returns and Exchanges

4.1. Without prejudice to our rights under Clause 1 above, if either party breaks the terms of these Conditions in any material way, the other party can terminate these Conditions by giving the other party 7 days' written notice.
4.2. In certain situations, we may be prepared to give you a refund or exchange for Goods if you change your mind. For details on our Returns and Exchange Policy please visit http://www.carphonewarehouse.com/help/returnsandexchanges, call us on 0870 0870 168 or ask in store for details.
4.3. Subscription Services only:

4.3.1. Subject to Clauses 4.3.2 and 4.3.3 and without prejudice to Clause 4.1 above or to any other rights we have under the terms of these Conditions, either party can terminate this agreement at any time by giving the other party no less than 30 days written notice.
4.3.2. If Subscription Services come with a minimum term contract, without prejudice to our rights in Clauses 1 and 4.1 above, we will not terminate the Subscription Services during such a minimum term.
4.3.3. You can terminate the Subscription Services within such a minimum term but if you do so other than in exercising your rights under Clauses 1.6.1 and 4.1, we may charge you a cancellation fee.





1.6. Subscription Services only:

1.6.1. If you subscribe to Subscription Services, we will give you prior notice of any withdrawal of or changes to the Subscription Services or these Conditions.

(i) where these changes are to your substantial detriment (which shall include but not be limited to an increase in the price of your Subscription Services of more than 10%), you can choose to cancel any unused portion of the Subscription Services without penalty before any such changes take effect. Your continued subscription to the Subscription Services following such change taking effect shall be deemed to be your acceptance of such change.
(ii) Your right to cancel under Clause 1.6.1 (i) above does not apply where:

(a) any price increase in relation to the Subscription Services does not exceed the Retail Price Index figure, the Consumer Price Index figure or similar in any twelve month period; or
(b) the increase is as a result of any increase in VAT or other taxes or the introduction of a similar or new tax on the Subscription Service.



http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{11a18a50-bcb7-11de-e56d-000000000000}

THE ABOVE LINK TELLS YOU WHAT YOU CAN DO DEPENDING ON WHICH NETWORK THE CONTRACT IS WITH!

gixer750

thanks, i am going to be on a t-mobile 24 month contract!

ZhugeEX

grumbler wrote: »

A faulty handset hardly ever can be a valid reason for cancelling the contract.

Returns policy is usually a separate document, not a part of the contract.

Thats why i specifically said "can attempt to cancel".

I was just giving a list of eligible reasons that a contract can be cancelled within first 7 days/reasonable time for.

I've quite clearly laid out everything the OP needs to know.
There is no returns policy for his contract/phone. Unless he was on O2 then he could return/exchange.

gixer750

i am on o2 at the moment, but going to have to switch to t-mobile