EE Tablet illegality of returns policy?

Falcons5

Hi MSE Forum. I would like to question my rights as a customer of Orange/EE (over 20 years) whether I can return a tablet that I signed up to having, from my local EE shop. I had no intention to get a tablet at all, but was persuaded by the manager to have one as well as upgrading my mobile. After an hour of trying to set up my mobile and tablet I realised I had made a mistake. Although the tablet (an Alcatel One-touch Pop 7S) was easy to set up initially, the performance of the tablet was far inferior to the mobile, especially the screen. It was hazy, slow to react and far less responsive compared to the very ordinary Samsung mobile. Surely it is unreasonable to be able to make a proper assessment of a tablet only in a couple of minutes in a shop environment. I did not operate it! On EE’s website apparently you can only return a product if it’s faulty or if there’s a bad signal in your area; also you have to return it within 14 days. Surely this is illegal. Don’t I have a cooling off period when I can return a product if I’m not satisfied with it? The staff at the shop said I could only return it at the manager’s discretion. However I have returned 3 times to the shop and I’ve been given various excuses why he can’t see me, i.e. ‘at a conference’ or on a ‘conference call’ etc. What are the consumer’s rights in this situation and can I return the tablet?

wiogs

In essence you wish to return the tablet because you don't like it.

The shop are under no obligation to let you do so but as you say there may be some discretion from the manager, if you can get hold of him.

grumbler

Nobody limited you to 2 minutes in the shop.
And no, it's not illegal. The statutory cooling off period is for distance purchases only - when you really are unable to try the item you are buying.

MSE article: Consumer Rights

wealdroam

Falcons5 wrote: »

Hi MSE Forum. I would like to question my rights as a customer of Orange/EE (over 20 years) whether I can return a tablet that I signed up to having, from my local EE shop. I had no intention to get a tablet at all, but was persuaded by the manager to have one as well as upgrading my mobile. After an hour of trying to set up my mobile and tablet I realised I had made a mistake. Although the tablet (an Alcatel One-touch Pop 7S) was easy to set up initially, the performance of the tablet was far inferior to the mobile, especially the screen. It was hazy, slow to react and far less responsive compared to the very ordinary Samsung mobile. Surely it is unreasonable to be able to make a proper assessment of a tablet only in a couple of minutes in a shop environment. I did not operate it! On EE’s website apparently you can only return a product if it’s faulty or if there’s a bad signal in your area; also you have to return it within 14 days. Surely this is illegal. Don’t I have a cooling off period when I can return a product if I’m not satisfied with it? The staff at the shop said I could only return it at the manager’s discretion. However I have returned 3 times to the shop and I’ve been given various excuses why he can’t see me, i.e. ‘at a conference’ or on a ‘conference call’ etc. What are the consumer’s rights in this situation and can I return the tablet?

Hello Falcons5, welcome to the forums.

As you "had no intention to get a tablet at all", why on earth did you allow yourself to be sold one?
If you really were persuaded to make the purchase, I do not think you can blame the salesman. A salesman's job is to sell.

All sales in a shop should be considered as final.
You have no statutory right to return goods purchased in a shop unless they are faulty or mis-described.

If the shop has a returns policy that allows (say) 14 days to return if you change your mind, then that is in addition to your statutory rights.

The shop has no obligation to advise you that you cannot return the thing if you change your mind.

You say you are not satisfied with it, but unfortunately the time to come to that conclusion is before making the purchase, not after.

Your best bet is to sell the thing to recover some of your outlay.

Next time it might be an idea to make this sort of purchase from a shop that does have a more generous returns policy, John Lewis springs to mind, or buy online where you do have a 14 day statutory cooling off period.

Phayze

Same this just happened to me, well almost, I have also been a contracted t-mobile/ee customer for over 20 years, and until now still had a old Nokia flip dum-phone. I had to switch over to EE as my contract was so old it didn't offer any new phones and my old one wont hold a charge,
So I went in the EE shop in High Barnet and a lovely lady served me, I told her I wanted the most basic smart phone (only because all non smart phones look nasty these days) I didn't need data/internet just wanted the cheapest option they had that I can phone the wife (EE) for free, she goes out back and comes back with a Samsung J5 for £31 a month and a free tablet, I told her that's twice what I am paying, and I I dont want a tablet, so she goes back and speaks to the manager again, next she comes out with a LG phone and tells me £26 is the best they can do, but it does still come with a tablet for free, ok then I said if that's the only option, its £10 more than I am paying but its a new phone and has unlimited txt so I figured £10 more is probably about right 20 years later.
I get home sign up to EE online and it says I am paying £15 for the tablet and £11 for the phone per month, I call EE and say I was miss-sold the tablet as I asked for the cheapest option and didn't want the tablet. The EE spokesman said take it back to the shop and explain what happened and they should change it.


Ha that's a laugh..... Andy the high Barnet manager just basically said hard luck, You signed the contract and there is nothing he can do because it is a shop. BTW the tablet has not even had the seal broken on the box, and I got it 8 days ago.


So I also will never get anything from the shop again, it used to be the best place to buy things as you had a point of contact, not now, keep away from the shops if you want a bit of protection with your purchases, I am now left with a crap tablet that is just a phone with a big screen...


I called EE back and they could not get through to the store so ended up giving me £10 off next bill and £5 a month off for the full 24 months so I am not to upset with EE, just the idiot manager at Barnet EE.


Just want to add, I have just noticed on the contract paperwork I had to sign, the information the sales lady manually filled out saying the mins/txt/ and 500 mb data allowance I have on the phone is the same on the tablet contract, even though the tablet has 2 gig data allowance.


Does this give me any more power as the contract is wrong?

boatman

Misrepresentation
http://www.which.co.uk/consumer-rights/regulation/misrepresentation-act-1967
A misrepresentation is a false statement of fact made by a person or their agent that induces someone else to make a contract with them.

Dependent upon whether the misrepresentation was made fraudulently, negligently or innocently, the party who has relied on the misrepresentation will be entitled to a remedy that may include rescission, refund and/or compensation.

Consumer protection from unfair trading regulations 2008

Since 1 October 2014, these Regulations have provided an additional and alternative right of redress for consumers. Where a trader has used misleading or aggressive selling practices, the consumer may be entitled to claim compensation and/or a reduction in price, or to cancel the contract completely.

The Department for Business, Innovation and Skills (BIS) has produced guidance on consumers' right to redress under the Regulations: Misleading and aggressive commercial practices - New private rights for consumers.

The op was told the best price was £26 a month. False.....