Sent wrong phone, sent back, cooling off period.

BrendanRoberts

Hi I recently have been accepted for a 24 month contract with a phone company. I asked for a HTC One in BLACK which worked out £3 dearer that the standard SILVER colour.

I then received the parcel and the invoice included states BLACK, but the item is actually the silver one, the IMEI on the invoice matched the silver one too, but it states black on the invoice and i ordered black.

When i called them, they said they can see i had ordered black and apparently they had a batch of supposedly "black" ones which were intact silver.

So i sent the phone back with a copy of the invoice and a note explaining as the customer service agent stated to do.

Now 7 days later, i keep calling and they say they have escalated it to their warehouse and still awaiting a response, theres nothing they can do until they get a response.

The phone has been showing in-stock on their site for at least 4 days now.

Now all i have is a sim card, which i have activated.

Its been a week since they have received the incorrect phone, and no further updates vie email etc, i have to ring them.

When i do actually get the phone, they said they will refund the time used on the contract as i don't have a phone to put the sim into. and they will refund the return postage.

This is all well and good, but will my cooling off period be effected? as I've not actually had a chance to see if i like the phone or signal issues etc with network.

I might just ring them on Monday and ask to cancel the whole order, tp see if it makes them actually give me some sort of response.

Thanks.

grumbler

If you mean the DSR cooling off period, then it applies to both the phone and the sim as a bundle. You either keep both or return both.

If it's the company internal policy, you have to check it.

BrendanRoberts

yes i have read it, and it states 7 days cooling off period.

but the question I'm asking is its now past the 7 days cooling period as they have had the phone with them.

I have the sim card here in a box here as i don't have another phone.

I had the phone for 3 days (due to weekend) and sent it on the monday when i contacted them (this was the next available time they were open to notify them)

So i've not been able to test the network or phone as i can't because of their error.

BrendanRoberts

Guess ill have to find out tomorrow from them when i threaten to cancel my contract as i have no phone...

thanks for the help.

mobilejunkie

Since you've activated the sim card you will not be able to cancel the contract without a large dose of goodwill from the dealer - which is most unlikely to be forthcoming.

keith1950

As above, if you were returning the phone why on earth did you activate the sim, the best you can probably hope for is that you will eventually be sent the correct phone.

You should have returned everything that you received together.

You will just have to hope there's some goodwill coming your way.

BrendanRoberts

OK so i stupidly activated the sim, they actually advised for me to only send the phone back and keep the sim with me.
So the 7 day cooling period is only if its never been touched? whats the point in that? how do you know its for you if you've not opened it to check?

i've literally made 1 single phone call to let someone know my new number, apart from that i've not actually tested the network or phone at all.

I'm not after sending it back anyway, hopefully i get the phone i ordered, but just incase, i was just wondering.

grumbler

BrendanRoberts wrote: »

...
So the 7 day cooling period is only if its never been touched?..

As said above, it's now covered by the seller's Cancellations and Returns policy only.
It can be more generous than DSR.

mobilejunkie

BrendanRoberts wrote: »

OK so i stupidly activated the sim, they actually advised for me to only send the phone back and keep the sim with me.
So the 7 day cooling period is only if its never been touched? whats the point in that? how do you know its for you if you've not opened it to check?

i've literally made 1 single phone call to let someone know my new number, apart from that i've not actually tested the network or phone at all.

I'm not after sending it back anyway, hopefully i get the phone i ordered, but just incase, i was just wondering.

Then there's no need to wonder any more. The DSR are only to inspect (merely because you had no opportunity to examine before purchasing) not to use. The amount of use is utterly irrelevant.

BrendanRoberts

Thanks for the information. I pestered them throughout today, at first they said they would look into it as its not showing as it reached their warehouse yet on their system. They have signed for it last Wednesday!

So i asked what will happen if you cannot find it?

Her reply: Oh we'll just send you one anyway.

What!?! couldn't they have done this last week when it was signed for? They had me ringing and ringing for updates (not one single update to say they even received the phone back) and they would have just sent me the phone anyway. I'm nearly 2 weeks into a contract which I've not even used yet!

If that were me, and i knew that this is whats going to happen, then i would have sent it ages ago to keep customer satisfaction up.

Anyhow i should receive it tomorrow, gave me tracking details too (straight after the agent stated she couldn't give me a second tracking number, only the first ever tracking number of the incorrect phone, as that's how they work!)

Thanks, eagerly waiting (Cannot live without phone)..... :rotfl: