Right to return contract phone bought online?

creasechris

Hi all,

I'm about to take delivery of my new HTC One M9 phone bought from mobiles.co.uk, and I was wondering what my rights are to return the phone if I don't like it. I was under the impression that something along the lines of a contract cooling-off period of 7 days would apply, or perhaps a European directive supplanting the DSR giving me 14 days, but I've been browsing online and it's all very confusing!

Their returns policy is detailed here:
http://media.mobiles.co.uk/tandc/Mobiles_/Mobiles%20co%20uk%20Terms%20and%20Conditions%20Returns%20-%20June%202014%20.pdf

They seem to have a 14 day satisfaction guarantee, at first glance. However one of the Ts and Cs is very worrying:

"Ensure the Sim/Handset/Free gift has not been used (use signifies acceptance of your contract)."

Several other retailers pull the same trick in their wording. How on earth am I supposed to find out if I like the phone without using it?! This is utterly nonsensical and has left me even more bamboozled.

Just wondering if anyone can give me a summary of my rights in this case since I really don't want to be stuck with a phone I dislike for the next two years!

Many thanks
Chris

grumbler

What is certain, is that you must not use the sim (i.e. start using the services). You can use the phone very carefully, but not with the new sim.

Their requirement not to use the handset is unlawful, but do you really want to spend your time on proving them wrong?

creasechris

grumbler wrote: »

What is certain, is that you must not use the sim (i.e. start using the services). You can use the phone very carefully, but not with the new sim.

There requirement not to use the handset is unlawful, but do you really want to spend your time on proving them wrong?

Hi, thanks for your reply!

That sounds good - I can try the phone's features on WiFi and so on. By "carefully" do you mean making sure it stays in mint condition physically, ready to return, or should I also avoid using certain features?

As long as I can check the phone's features and battery life, I'm a happy bunny!

grumbler

Yes, keep the protective film untouched, delete all photos that you make etc.
Possibly, a hard reset will do the job, but I am no expert.

gjchester

creasechris wrote: »

Just wondering if anyone can give me a summary of my rights in this case since I really don't want to be stuck with a phone I dislike for the next two years!

That is not the point of the DSR Rules.

The DSR rules were brought in to give you the same rights as in store shopping. So lets say you bought Blue jeans on line and in "normal" light they turn out to be grey ish. If you had bought them in store you would have noticed but online you have to rely on a photograph by the vendor.

The DSR rules let you get the item at home and look at the item (in this case the phone) as you would in store, so you can see the colour, weight, feel, taste even, but its NOT a trial period.

If you do more than you could in a shop then you may fall out of the DSR protection. So moving to an slightly easier example, if a memory card is in a sealed blister, and you open it up when it arrives at home then you have probably voided the DSR, as you would not be able to open the blister pack in a store. You not not need top open the package to assess the suitability. Phones are different as generally the seal will be on the box, not the phone itself, but you should be able to inspect the item the same as in store. Would that have inclidedthe ability to assess features or battery life, maybe, maybe not, most stores ahve dummy phone or ones powered by mains, so is it reasonable you could have done that in store?

The DSR as it stands was though up in the early days of E-commerce, and like many other laws uses vague terms to convey its meaning, and so there are many ways to read the same thing, it really need to go though the courts a few times to get some clarification on what is and is not allowed under the DSR.

On top of this Companies MAY offer a trial period under their own T&C but you have no right to one in the law, only the right to inspect the item at home...

grumbler

gjchester wrote: »

...
The DSR rules let you get the item at home and look at the item (in this case the phone) as you would in store, so you can see the colour, weight, feel, taste even, but its NOT a trial period.

If you do more than you could in a shop then you may fall out of the DSR protection. ...

Surely in a store you can really try how a phone works, not just see and smell it.

Also, I don't know if it changed under CCR, but the DSR never said that the goods had to be returned unused.

mobilejunkie

You may be able to try one out which is a display model. Would you be happy paying full wack for a used one which someone else tried and didn't like?

grumbler

No, I wouldn't be happy, but I would have no choice if I decide to sell remotely (thus increasing sales while cutting/keeping running costs).
No business is happy with the laws protecting customers.

creasechris

It seems there is a slight disagreement...

Would it be safe to assume that, realistically, it's their decision whether to accept a return/exchange, especially if they can see any evidence at all that it has been used for more than a 'quick look'?

I mean to say: if I try and return it and they say "no", there would be very little I could do about it?

mobilejunkie

Yep. That's why the remote seller does have a choice. So does the purchaser.

Guys_Dad

creasechris wrote: »

Hi all,

I'm about to take delivery of my new HTC One M9 phone bought from mobiles.co.uk, and I was wondering what my rights are to return the phone if I don't like it.

I am now ready for a flaming, but here goes anyway.

Surely any sensible person would want to try out and examine a £500 plus piece of technology before ordering ? But clearly the impatience of many mobile users can't wait till they can see the real article on a high street shop.

We all pay, one way or another, for people who don't do their own research first and then just take it back because they don't like it.

Yes, provided that you don't use the sim and reset the M9 back to factory settings, don't break it and keep all the wrappings, you should be able to return it.

What happens if you get one that has been opened and tried out by someone else? would you be 100% happy with that? Or would you complain bitterly that it was 2nd hand?

Can the supplier sell the handset as brand new once you have had it for a week or so and returned it or have they to take a hit and market it as a "refurbished" handset?

It's a pity that you couldn't curb your enthusiasm and give one a thorough testing in the shop.