Refund Challenge - (Currys) Device + Rolling Contract -

leonardo

Need guidance:

Purchased the following three days ago, from a store:

http://www.pcworld.co.uk/gbuk/phones-broadband-and-sat-nav/broadband/mobile-broadband/ee-osprey-2-mini-pay-monthly-mobile-wifi-10132535-pdt.html

Personal Hotspot Device - £9.99
+
30 day (rolling) data contract (I choose the 32gb tarrif - £28pm).

At purchase - I had to put my debit card in the pay machine to pay twice -

1st - £9.99 for the device,

2nd - for the 30 day rolling data contract validation (£5).

I've been using both for the last three days (The device box & the separate data sim were both sealed when we left the store). I opened and used both.

I want to return and get a refund for the device + as much as possible for the contract.

I have friends that have warned me 'not to trust this high street retailer - and to understand that they 'game' customers to avoid refunds as much as possible'.

What are my consumer rights - and how should I approach this to get back as much as possible?

My sincere thanks to any and all that help and contribute.

Libertas

Alter_ego

You don't have any rights unless the device is faulty.
On the contract I don't know.

unholyangel

Alter_ego wrote: »

You don't have any rights unless the device is faulty.
On the contract I don't know.

I think you mean you don't have any rights unless the goods/service fail to conform to contract.

There are quite a few situations where goods may not be faulty but don't conform to contract. For example not matching their description.

wealdroam

leonardo wrote: »

Need guidance:

Purchased the following three days ago, from a store:

http://www.pcworld.co.uk/gbuk/phones-broadband-and-sat-nav/broadband/mobile-broadband/ee-osprey-2-mini-pay-monthly-mobile-wifi-10132535-pdt.html

Personal Hotspot Device - £9.99
+
30 day (rolling) data contract (I choose the 32gb tarrif - £28pm).

At purchase - I had to put my debit card in the pay machine to pay twice -

1st - £9.99 for the device,

2nd - for the 30 day rolling data contract validation (£5).

I've been using both for the last three days (The device box & the separate data sim were both sealed when we left the store). I opened and used both.

I want to return and get a refund for the device + as much as possible for the contract.

I have friends that have warned me 'not to trust this high street retailer - and to understand that they 'game' customers to avoid refunds as much as possible'.

What are my consumer rights - and how should I approach this to get back as much as possible?

My sincere thanks to any and all that help and contribute.

Libertas

You have no statutory right to return goods that conform to contract when bought in a store.

You are totally reliant on any returns policy the store may offer.

As for the service, you have used it therfore one months payment can rightly be taken.
As it is a rolling one month contract, presumably you need to give one months's notice of cancellation.
Read your contract terms for details.

leonardo

Is it not the case that I get 14 days to cancel any contract - or is that for a financing contract only?

wealdroam

leonardo wrote: »

Is it not the case that I get 14 days to cancel any contract - or is that for a financing contract only?

You tell us you have used the service.

leonardo

Yes I have started to use the data allowance - but my confusion is whether I get 14 days to cancel a new contract of this sort - with a pro rata refund.

Basically - Instore, I had asked if they sell the 'non-mini' version of the device - i.e the full monty 'big brother' version - but the chap salesperson said "no - we never have". I settled for what he advised.

Turns out he was incorrect or lying - and they do sell the device I had said I wanted.

I'm not going to go in from the angle of "your guy's info was wrong" - as quite simply there is no proof of said conversation - so they can hide behind that all day long.

So if they want to play a game with me, I will approach my goal from a different angle. Surely there's rights within the 14 days? Also can I return the device now that its been opened.

I just need to know what to say - to get to my goal.

bris

They are not playing games, you have no rights here. It may never have been in their store so you cant possibly say they are lying

wealdroam

leonardo wrote: »

Yes I have started to use the data allowance - but my confusion is whether I get 14 days to cancel a new contract of this sort - with a pro rata refund.

As suggested earlier:

wealdroam wrote: »

...you have used it therefore one months payment can rightly be taken.
As it is a rolling one month contract, presumably you need to give one months's notice of cancellation.
Read your contract terms for details.

Have you read your contract?

leonardo wrote: »

So if they want to play a game with me, I will approach my goal from a different angle. Surely there's rights within the 14 days?

You mean after you have used the service?
Probably not.
Here's an idea - have a read of your contract.

leonardo wrote: »

Also can I return the device now that its been opened.

That question has already been answered:

wealdroam wrote: »

You have no statutory right to return goods that conform to contract when bought in a store.

You are totally reliant on any returns policy the store may offer.

Read PCWorld's returns policy, where you will see:

An unwanted product can be returned for a full refund within 21 days of delivery as long as it’s still in its original, unopened packaging. This returns policy for unopened goods is in addition to your statutory rights and applies to purchases made in store, online or over the phone.

fozmcfc

Is it faulty - no, is it unfit for what you purchased it for - no, have you used it already - yes.

You'll probably need to give them 30 days/a months notice of your intention to quit, so I'd get that sorted straight away.

In your situation, I'd give them the required notice, use it for the month, after all, you've used it already and it works and even though it wasn't exactly what you wanted, it was cheap and cheerful.

Then look at selling the device itself or keep it as back up and get the device you really wanted.

Unless they are extra nice and allow you to return the device and/or swap it for the other device, then basically as the device is the problem and it's £14.99, certainly not worth, stress and hassle.

bod1467

£14.99? OP says the device was £9.99 ... the £5 was in relation to the rolling contract.