Mobile Phone Contract

workingboy

My son who's previous contract expired.

So he looked for another Contract with a new phone and Airtime usage etc.

Found at the time Car Pooh Warehouse to offer the best deal, so he had the phone and contract.

But since then his original Contract supplier VodaPooh offered a better deal with the same Phone, so he took it up. At present his new phone is still boxed and Sim still intact (not removed from master card). Intention of returning this package.

But when returning the first new phone, they refused to take the phone back or cancel the contract although only 3 days old. Because he inserted the Sim to activate the phone to the carrier, although no data was used or any calls made.

He was under the impression that he had a cooling off period to cancel and added to this the employee of that company did not explain any small print details of any part the Contract for cancellation etc.

The Online Car Pooh Warehouse (so say) has no influence over the shop deals/contracts. Its all down to the manager. My son explained that although the sim was inserted and no usage was made and the fact the Contract was not fully explained, just a quick sale with airtime details, phone model and monthly payments.

The manager refuses to take the phone or contract back.

So the question is, Where does he stand with this contract etc.

Thanks

SeduLOUs

There is no cooling off period when you buy in a store - it applies to distance selling (i.e. if he had ordered the phone online). Unless there is specific provision in the contract for him to return the phone (unlikely) then he has no rights to cancel.

It's irrelevant whether the contract was explained in the shop - your son signed and agreed to it, and should have taken the time to read what he was signing.

If Voda offered the deal by phone you'd have a better chance of attempting to cancel that one if you haven't already run out of time...

Silk

workingboy wrote: »

The manager refuses to take the phone or contract back.

So the question is, Where does he stand with this contract etc.

Thanks

There's not much he can do as it's down to the Manager, it may be best for him to try and cancel the other contract otherwise he will be liable for both contracts.
If it was an upgrade that might not be too easy though.

grumbler

workingboy wrote: »

...At present his new phone is still boxed and Sim still intact (not removed from master card). ...
....they refused to take the phone back or cancel the contract although only 3 days old. Because he inserted the Sim to activate the phone to the carrier, although no data was used or any calls made.
...
My son explained that although the sim was inserted

This makes no difference, but how could he insert the sim without removing it?

He was under the impression that he had a cooling off period to cancel and added to this the employee of that company did not explain any small print details of any part the Contract for cancellation etc.

He had to explain the cancellation rights only if they existed of if your son asked (instead of 'being under impression').

The Online Car Pooh Warehouse (so say) has no influence over the shop deals/contracts.

Their returns policy for shops is published online:
http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{11a18a50-bcb7-11de-e56d-000000000000}

So the question is, Where does he stand with this contract etc.

He has to serve the contract (and learn the lesson).

gycraig_2

Unfortunately he has ticked a box saying he read and agreed to the terms and conditions. Will be a case of returning the other phone to Vodafone within 14 days if purchased online.