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Brokens seals. Can I cancel contract

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Hello, I would be grateful if anyone could offer some advice on a
dispute I have with phones4u.

Two weeks ago my wife took out a 24 month contract with phones4u
for a mobile phone with tablet deal. She received the phone in store
and was told they don't hold the tablets in store for those deals and that it
would be sent out by courier.

The tablet arrived 2 days later with one of the seals broken on the box but it
was still possible to open the box. The seals clearly say do not accept if broken.
So we contacted phones4u and they said they would send out another
one. When it arrived the seals were intact but it was completely the wrong
device 7 inches instead of 10. So we contacted them again and they sent out another
one. This was opened in front of the clerk at the parcel depot. This time both seals
were broken and the box was a bit shabby. So we refused to accept the tablet.

We went straight to phones4u to solve or cancel the contract. We were told by the manager that we could not cancel the contract. We were told that you can only cancel the contract if you have a bad signal. The manager said the tablets come from a different depot and that they open 90 percent to check for quality . The manager wasn't very helpful at all.

To get to the point there is no way of knowing if the tablet is ex demo, refurbished, used unused , tampered with malicious software added. We were promised a new and sealed product at point of
purchase.

Do we have the right to cancel the contract on the grounds that they will not supply
a tablet without broken seals even though the manufacturer says do not accept. And if we do have the grounds to cancel how would we do it. As the manager is unwilling to help.

Thanks for any advice given.

Comments

  • forgotmyname
    forgotmyname Posts: 32,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Worrying too much. Test it and make sure all is well before you decide to return the next one.

    Wouldnt surprise me if they open them all to make sure there is something inside.
    Received too many complaints saying the boxes are empty?

    They can come out of the factory with malicious software. Its so rare though your more likely to win the lorry triple roll over 3 times.
    Censorship Reigns Supreme in Troll City...

  • phil12
    phil12 Posts: 2 Newbie
    Sixth Anniversary Combo Breaker
    edited 5 November 2013 at 11:43PM
    Hello forgotmyname
    Yes I could stop worrying about it and just accept it but why should I? We paid for brand new and sealed in box and was assured by the phones4u sales rep, that would be the case.

    If they had said to us when we were taking out the contract, oh by the way there is a high probability the box will have broken seals we would not have taken the contract.

    And as to they open the boxes to check there's something inside. If you go in store and buy a phone or tablet which is sealed they don't say you will have to open this box in front of us to prove there is something inside.
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