Do distance selling regulations apply here?

zorgan

I have a friend of mine, she purchased on-line a new blackberry Z10 which does not do what she wants it to do, the apps are very limited, she also wishes to use Gmail etc (basically really unhappy with the limitations and design of the phone)

1. the phone was purchased via the "car phone warehouse" on-line and then uplifted from the nearest store option.

it's been 10 days and repeatedly they have visited the store with issues and asking if they can exchange for another handset as the one she has is really not suitable.

what rights does she have in this respect having purchased on-line but uplifted from the local store?

any consumer advice appreciated thanks.

Quentin

Her DSR rights aren't impacted by picking the item up.

She should get in touch with them to arrange the return.

Cycrow

If you order and buy online then the store is just the delivery point and would still be valid for DSR.

However, there is a limit of 7 days which sounds like she might have passed.

Did she buy the phone as part of a contract, or outright?

grumbler

It's not very clear whether the DSR apply if collected in a store:
http://whatconsumer.co.uk/mail-order-goods-and-distance-selling/

If you have physically met face to face at any point, ... you won’t be covered

http://www.legislation.gov.uk/uksi/2000/2334/contents/made

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

However, AFAIK the DSR cooling off period stops regardless as soon as the services start being used.

That said, I don't believe that Gmail can't be used on Z10. Any generic e-mail app will do the job fine.

Quentin

Cycrow wrote: »

However, there is a limit of 7 days which sounds like she might have passed.

CPW extend the DSR 7 days to return to 14.

Quentin

grumbler wrote: »

However, regardless the DSR cooling off period stops as soon as the services start being used.

CPW allow you to try the phone and change your mind.

grumbler wrote: »

It's not very clear whether the DSR apply if collected in a store.

CPW do allow their online customers to return irrespective of whether the goods are delivered or picked up. (Official DSR only allow 7 days so no good for the OP)

NFH

Cycrow wrote: »

However, there is a limit of 7 days which sounds like she might have passed.

No, Regulation 11(2) of the Consumer Protection (Distance Selling) Regulations 2000 states that "the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods".

zorgan

this is all very confusing!!

ioscorpio

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{1ff75c90-bcb9-11de-e56d-000000000000}