Returning A Sim Free Mobile Phone under Consumer Contract Regulations

FlexiPack

Hi,

I bought a sim free mobile phone online. The phone is not faulty but after a few hours use I've realised it doesn't really fit my needs. I would like to return it but the website of the company I've bought it from states they'll only accept returns if the phone is 'new and unused'. Im confused, I thought under the new CCR's (and the old DSR's), consumers are allowed to switch on and test a device and still return it as long as it's an as new condition.

To clarify, this is not a pay monthly contract phone. I did place a PAYG sim card I'm the phone to test the signal but this sim card is not from the company with whom I bought the phone.

I would appreciate some advise please.

shaun_from_Africa

FlexiPack wrote: »

, I thought under the new CCR's (and the old DSR's), consumers are allowed to switch on and test a device and still return it as long as it's an as new condition.

You are entitled to inspect and test goods but only to the same degree that you would be able to in a shop.
I can't think of a single shop that would allow you to test a phone for a few hours.

From the CCR's

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

neilmcl

Having said that most shops will allow you turn on the phone, albeit a demo perhaps, and examine the features. If you reset the phone to factory setting how will the retailer know you've "used" it to the extent you have.

OP, have you told the retailer that you've used the phone for a couple of hours? Who are they BTW?

shaun_from_Africa

Some mobile phoes keep a record of how long they have been powered on for (my old Nokia had this) and resetting the phone back to factory settings didn't clear this.

unholyangel

shaun_from_Africa wrote: »

You are entitled to inspect and test goods but only to the same degree that you would be able to in a shop.
I can't think of a single shop that would allow you to test a phone for a few hours.

From the CCR's

I've done that twice. Once in carphone warehouse but I cant remember the other one (mightve been o2).

Didnt have a display model so they unpackaged a new phone, put in the battery etc and let me play around with it.

So may not be out with the realms of shop inspection.

shaun_from_Africa

unholyangel wrote: »

I've done that twice. Once in carphone warehouse but I cant remember the other one (mightve been o2).

I don't dispute that you should be entitled to turn the phone on and check it out but I think that using the phone for "a few hours" is in excess of what you would normally be able to do in a store.