Online mobile company wont accept mobile phone return

alexchegwin

I recently bought a phone from mobiles.co.uk.

I have activated it and begun using it but after a few days found it to be terrible at taking photos and calls dropping.

I have rung them to request a return and refund.

They have stated that since I have activated the phone they will not allow me to return it (in their terms and conditions)!

I explained to them that the 14 day distance selling regulations are the law and that I would be taking it up with my solicitor but they still said no.

They said by activating the sim I agreed to their terms and conditions and so the 14 day returns is not valid.

What can I do from this point? Any advice would be appreciated.

Thanks for reading

grumbler

The phone was bought together with cervices contract.
AFAIK, for services cooling off period ends as soon as you start using services.

alexchegwin

For the information... looks like I am stuck with the phone then.

Ta

mobilejunkie

Well, you could have read the t&c beforehand and if not certain not try out the phone and use the new airtime contract. They do make them pretty clear.

diamonds

alexchegwin wrote: »

I recently bought a phone from mobiles.co.uk.

I have activated it and begun using it but after a few days found it to be terrible at taking photos and calls dropping.

I have rung them to request a return and refund.

They have stated that since I have activated the phone they will not allow me to return it (in their terms and conditions)!

I explained to them that the 14 day distance selling regulations are the law and that I would be taking it up with my solicitor but they still said no.

They said by activating the sim I agreed to their terms and conditions and so the 14 day returns is not valid.

What can I do from this point? Any advice would be appreciated.

Thanks for reading

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#services

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

chanz4

you personalised it by using it

grumbler

diamonds wrote: »

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#services

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Well, both prove me wrong:
MSE:

Services and digital content: 14 days from the day after the order is made. If you want to start a service within the 14 days, you will usually be asked to give your agreement in writing. This then means you can't cancel. However you are able to get a refund minus the proportionate cost of anything you have used.

Which?:

If you request a service starts straightaway In this instance you will still have the right to cancel, but you must pay for the value of the service that is provided up to the point you cancel.

chanz4 wrote: »

you personalised it by using it

That's what hard reset is for.

alexchegwin

Since they will not accept a return. Nothing more I can do really.

However it is interesting that if you buy a phone on contract and pop the sim in (I am sure lot's of people might do this) and start useing the phone.

Then like me have issues.... seems odd that because it is with a contract you cannot return the phone.

Bit of a loophole for the phone company's legally.

It is a shame

mobilejunkie

Would you pay for a new phone and get one someone else has played with? Unless it's offered on that basis i.e. often called "refurbished" - I wouldn't.

grumbler

mobilejunkie wrote: »

Would you pay for a new phone and get one someone else has played with? Unless it's offered on that basis i.e. often called "refurbished" - I wouldn't.

This is irrelevant if the law says that the customer has the right to return. What the company's T&C say is irrelevant too if they contradict the law.
The law also says the the customer can inspect the phone, but

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.

It's a different question how big the deduction can be in this case.
Getting returns is an occupational hazard of online selling compensated by smaller business expenses.

forgotmyname

Vodafone tell me teh same when i upgrade, play with the new phone as much as you like as long as you do not insert the SIM. insert that and the phone is mine.