Right to return contract phone bought online?

grumbler

mobilejunkie wrote: »

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

What exactly choice does the seller have?

Guys_Dad wrote: »

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?

Personally, I possibly wouldn't - if it's just opened and in a perfect condition. However, it has to be sold cheaper as opened/refurb/grade A/...

It's the price the retailer pays for selling remotely.

creasechris

Many thanks for your helpful replies! I'll be extra careful about the returns policy to avoid causing trouble

Guys_Dad wrote: »

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.

While I appreciate your concerns, I must be honest - it's a little presumptuous to assume that I hadn't considered much of that.

I waited until my phone was on its last legs (regularly losing power, several other problems) and made my move when I saw a short-time great deal on a top-spec new-to-market handset, which was effectively 35-40% off the market price. So I'm glad I didn't "curb my enthusiasm" as I was able to get a much more recent phone within budget this way.

I didn't order until I (a) saw the reviews from the five tech sites I follow; (b) read the comments from users in Taiwan on XDA who got theirs a few days earlier and (c) checked it out instore. Yes, my local Carphone Warehouse had one on display. I think it's fair to say I did my research.

However, I posted here to confirm what I wanted to know about the regulations for returning mobiles, since I had a few concerns about a few of my use cases like low-light photography and battery life that can't be checked in store, but can be checked without harming the phone whatsoever.

Would I be happy accepting such a phone that had been used once, handled carefully and then put back in its packaging? If it had been carefully used and carefully inspected upon return, yes. That happens once in the factory anyway, so I have no qualms with doubling down. YMMV.

But whether the seller has to deal with extra bureaucracy or losses because of regulations is none of my business - as a consumer I like to know my rights, which was clearly the purpose of my post. Whether certain regulations were intended as a replacement for physical inspections is, IMHO, not relevant - I just wanted to know my rights. After all, it's not like I'm going to single-handedly put Carphone Warehouse, who own mobiles.co.uk, out of business.

Thank you for your reply.

Guys_Dad

Fair reply, given your circumstances. I am surprised that on a new hot phone you get 40% off - presumably against the Sim-free price - but if there was a time -limited window, then I might have done the same in your circumstances.

However, my main thrust, after watching and contributing on this forum for some time, is that in general there is a cavalier attitude to using DSR as an alternative to actually trying out in the high street first.

Hope the M9 is as good as the reports and that you don't have to send it back.

creasechris

Guys_Dad wrote: »

Fair reply, given your circumstances. I am surprised that on a new hot phone you get 40% off - presumably against the Sim-free price - but if there was a time -limited window, then I might have done the same in your circumstances.

However, my main thrust, after watching and contributing on this forum for some time, is that in general there is a cavalier attitude to using DSR as an alternative to actually trying out in the high street first.

Hope the M9 is as good as the reports and that you don't have to send it back.

Thanks - apologies if I came across a bit strong since re-reading the thread my situation was not clear at all. The deal was £31.40pm (incl a time-limited cashback) for a tariff that is £49.40pm from the one network I can use. (Looking at my deal vs the SIM-free price + a SIM-only tariff on top, the discount becomes far deeper.)

You may have a point about DSR - personally I would only tend to do this with Amazon since their returns policy is so lax they practically encourage it..!

d123

grumbler wrote: »

What exactly choice does the seller have?
Personally, I possibly wouldn't - if it's just opened and in a perfect condition. However, it has to be sold cheaper as opened/refurb/grade A/...

It's the price the retailer pays for selling remotely.

To a certain extent, but doesn't the CCR actually make a distinction between 'checking' and 'using' with regard to returns?

mickey54

Re dsr ... I wanted a phone from virgin.. After speaking to rep .. I took the mini version opposed to full size. I was told to try for 12 days.. If I didn't like it ..ni could return. Seems like different companies have different rules

grumbler

d123 wrote: »

To a certain extent, but doesn't the CCR actually make a distinction between 'checking' and 'using' with regard to returns?

Well, I have to confess that I wasn't aware of such significant changes.

Judging by the comments, now

...retailers are entitled to make a deduction from the refund for any diminution in value of the returned goods due to handling which “goes beyond the sort of handling that might reasonably be allowed in a shop”.

My understanding is that for a mobile a customer allowed to do the same that s/he would have allowed to do with a display model in a shop.

mickey54 wrote: »

Re dsr ... I wanted a phone from virgin.. After speaking to rep .. I took the mini version opposed to full size. I was told to try for 12 days.. If I didn't like it ..ni could return. Seems like different companies have different rules

Yes, this is called 'policies' that can be more relaxed than the law.

forgotmyname

When i have had upgrades Vodafone tell me to try it but do not put the SIM card into it. If i do then its mine.

mobilejunkie

grumbler wrote: »

Well, I have to confess that I wasn't aware of such significant changes.

Judging by the comments, now My understanding is that for a mobile a customer allowed to do the same that s/he would have allowed to do with a display model in a shop.

Yes, this is called 'policies' that can be more relaxed than the law.

The choice the seller has is whether to accept it back or not (if it's been used).

Your interpretation is misplaced. The purpose if the DSR is to allow the purchaser to examine the product, not to use it and turn it into a used item. In a shop the purchaser would not be able to try out a brand new phone - only a demonstration one - and there is no obligation for any shop to provide a demonstration phone to play with.

grumbler

mobilejunkie wrote: »

The choice the seller has is whether to accept it back or not (if it's been used).

The choice is limited by the law. Quote where it defines 'used' and excludes it from returns.

Your interpretation is misplaced.

Why is it misplaced?

The purpose if the DSR is to allow the purchaser to examine the product, not to use it and turn it into a used item.

Firstly, DSR don't exist anymore.
Secondly, when they existed they didn't exclude used.
The new law is less clear, but again, quote the definition where examination ends and using starts.

In my opinion, what the OP meant in this thread was examination, not using. You are entitled to your opinion, but prove it with something more material to say that it's a fact.

In a shop the purchaser would not be able to try out a brand new phone - only a demonstration one - and there is no obligation for any shop to provide a demonstration phone to play with.

If the shop doesn't provide a demonstration one, then very few people will buy a phone without checking it functionality first.
There is no point in creating a law for distance selling only to give customers right to check the colour, dimensions and weight of the goods. This makes sense for clothes and footwear only, not for all goods bought remotely with very few specific exlusions like, say hygienic or custom-made products.