Returning phone and contract - buying online. Need advice! mobilephonesdirect.com

doddsyboy99

Afternoon all

I'm hoping for a bit of advice with where I stand in this issue.
Here is the story...

On Sunday I ordered an new HTC One M8 and contract with tmobile from mobilephonesdirect.com. It arrived yesterday evening no problem.

All sales were done online.

I spent last night turning it on and giving it a go I was initially unsure about it because it is slightly on the large side after previously having an an iPhone 4.

I decided today that the phone is far too big and I dont feel comfortable holding it. When i am using it with one hand to reach the top left of the screen it is simply laying on my hand while i reach and i dont have sufficient grip. I would constantly have to use it with 2 hands to be secure.
As I am not 100% comfortable with it I have decided its not for me and I would like to return it.

The phone is still in perfect new condition with no calls or texts made.

I have since realised that the return policy states:

'(a) Your Consumer Right of Return and Refund
This clause 13(a) only applies if you are a consumer.
If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”). This means that during the relevant period set out below if you change your mind or for any other reason you decide you do not want to keep the Product(s), you can notify us of your decision to cancel the Contract and receive a refund.
Your legal right to cancel starts from the date of the Order Despatch, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
If the Products have already been delivered to you, you must return the Products to us as soon as reasonably practicable.
No right of cancellation, refund or return exists under the Distance Selling Regulations in the following circumstances:
· once you have used your product. For clarification ‘used’ would be identified in the instance of a mobile phone or other electronic device, that has been turned-on and/or a SIM card inserted so causing the a change to the default software settings and a personalisation of the phone or device to you or to a Network or Service.
· Software or airtime services that you have successfully downloaded or activated.
· Products that have been made to your specification or that have been clearly personalised.
Details of your legal right to cancel and an explanation of how to exercise it are in the Order Despatch.
To cancel the Contract please contact us in writing by sending an email to [EMAIL="webshop@mobilephonesdirect.co.uk"]webshop@mobilephonesdirect.co.uk[/EMAIL] or by contacting our call centre. We will then send you by email, to the address that you provided, a Returns Authorisation Number (RAN) and give you the necessary return instructions.'

I have unfortunately put the SIM card in the phone :mad: as without putting it I wouldnt have been able to use, try and test the phones features.

I'm looking for advice on this issue please.

Do I have any leg to stand on with returning this phone and contract?

Have I no option but to keep this phone and see out my 24month contract simply because I put the SIM card in to test the phone?

Any advice would be great.
Craig

bris

If you activated it you keep it, if it registered on the network you have started the service regardless of whether or not you made a call so you have no right to cancel.

A phone contract is a service, DSR gives you the right to cancel within seven working days but only up to the point where you access the service.

Call them right away and tell them you want to cancel under DSR followed by an email of course, and they will tell you whether or not it was activated.

doddsyboy99

I received a text from T-Mobile before I received the phone saying 'Thank you for adding a second line'. So as soon as I put the SIM card into the phone it would activate it?

Okay doke I guess I'll have to learn to love this phone then haha .