Carphone Warehouse 14 day returns period - when does this expire?

dvs

I'm having a bit of an issue with the Carphone Warehouse over when the 14 days return period expired. I bought the item on Friday 27th September so I assumed that the 14 days return period would be up to and including Friday 11th October. The Carphone Warehouse say that the last day to return the item was Thursday 10th October. They believe that day 1 is the day of purchase which makes day 14 Thursday 10th October.

I believe that the last day would be the Friday (11th) and not the Thursday (10th) on the following basis:

If they said you must return the item within 1 day of purchase, this would be Saturday 28th September (i.e. the next day). Therefore, Saturday becomes within 1 day, Sunday would be within 2 days and so on. This would make Friday 11th 'within 14 days'.

Do you guys agree or am I completely wrong?

sdduk

I would agree with you...You would count Saturday as the first day and so on.

JJ_Egan

First day of use has to be the first day you would have been able to use the phone .
That would be the day of purchase .

You owned the phone on Friday 27th that is day one not the day after .

sdduk

JJ_Egan wrote: »

First day of use has to be the first day you would have been able to use the phone .
That would be the day of purchase .

You owned the phone on Friday 27th that is day one not the day after .

Yeah you are right thinking about it again it would be the day you use the phone so CPWH are right.

grumbler

What CPW actually say is "Within14 days of purchase".
They don't say anything about 'use' etc.

As an analogy, we all know that DSR say: "7 working days".
In fact for for supply of goods they clarify: "seven working days beginning with the day after the day on which the consumer receives the goods".

I would argue that at least for a PAYG/sim-free phone it has to be the same unless CPW clarify this differently somewhere in the small print.

IMO interpretation that the first day is the day of purchase makes no sense whatsoever. What if the purchase is made 5 minutes before the store closes?

Also, 14 days is here for a reason; it's not some random figure. The reason is that if you buy a phone, say, on Saturday, the last day you can return it is Saturday in two weeks, not Friday.

dvs

Thanks for the replies. I think Gumbler sums it up with the question what if I purchased the item 5 mins before closing? Whilst I can see the arguments for both sides, establishing day 1 as the purchase date means that the user could never have a whole 24 hour period to test the phone. If you purchased the phone at midday, technically you're 1st day does not end until 11:59am the following day. Another example - If you go on a 7 day holiday, you have 7 nights away and leave the destination the same day the following week (but you don't call it an 8 day break).

Anyway, I went directly to the CPW store this afternoon and they were adamant that day 1 was the day of purchase. I really don't think they could argue this in a court of law. Fortunately for me, the device was faulty (proved by Apple) so I was able to return the device under the 28 day faults policy (and I was definitely within the 28 days period - whatever day was day one!)