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Returning phone upgrade within 14 day cooling off time, phone used.

I recently upgraded, but made a bit of rushed decision which I now regret, I'm still within my 14 day cooling off period but I have opened the phone, turned it on and have used it briefly over the past few days just internet browsing and testing the camera.. I've not even put my SIM in it yet. I've taken the protective film off the front and back and used the charger.
Would they accept this return or will they make some sort of charge for opening it? This is o2. It says on the T&C it should be unused and in original packaging other than to inspect it. On the website it says you are allowed to do what is necessary to makes sure that what you have received from us is what you thought you were buying and that it all works as expected, but no more. You'll be responsible for any damage.
I'm really unsure if i want to keep it and be committed for the next 2 yrs but I'm worried they might charge me something and I won't know until they receive it back and then I have no choicel! There is no refund as there was no upfront cost.
What do you think?

Comments

  • I'm not not convinced there is actually a 14 day cooling off period on upgrades. Do you have this in writing?
  • Ian011
    Ian011 Posts: 2,432 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    You have committed to two years airtime by signing a contract. However, it may be possible to change the handset for a different make or model if you are persistent.
  • jenniewb
    jenniewb Posts: 12,840 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    I've returned a handset within 2 weeks with O2, it was prior to putting in my sim and wasn't an issue. Refunded the way I paid and in full. Just as the offer states.
  • Thanks, yes I do have it in writing that there is a 14 day cooling off period. It's just not very clear what unreasonable use would be. I haven't even taken the phone outdoors, only used it for some browsing been kept completely secure and undamaged , but obviously the packaging is open so they can't just 're sell it?
    I'm on o2 refresh and changed the tariff I'm not quite sure what would happen with that, whether that is cancelled as well and I go back to the tariff I was previously or if i am committed to that, i don't mind that as I will stick with o2 anyway but would rather just be paying airtime and keep my old phone.
    I felt a bit rushed in my decision as the guy said the deal he was offering may not be available again, however after speaking to him I checked my email and it said I had 72hrs to complete the deal. If i had known I could of had a few days to consider I probably wouldn't have done it!
  • Anthorn
    Anthorn Posts: 4,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Drummer82 wrote: »
    Thanks, yes I do have it in writing that there is a 14 day cooling off period. It's just not very clear what unreasonable use would be. I haven't even taken the phone outdoors, only used it for some browsing been kept completely secure and undamaged , but obviously the packaging is open so they can't just 're sell it?
    I'm on o2 refresh and changed the tariff I'm not quite sure what would happen with that, whether that is cancelled as well and I go back to the tariff I was previously or if i am committed to that, i don't mind that as I will stick with o2 anyway but would rather just be paying airtime and keep my old phone.
    I felt a bit rushed in my decision as the guy said the deal he was offering may not be available again, however after speaking to him I checked my email and it said I had 72hrs to complete the deal. If i had known I could of had a few days to consider I probably wouldn't have done it!

    Urgency is a sales tactic which you can see on shopping channels where an item is nearly gone or the offer is severely limited as in your case with the O2 salesperson.

    O2 is very clear on the 14 day "change-of-mind policy". On O2 Refresh you have 14 days to change your mind but you can only do it once and you have to go back to the previous tariff. BUT if you bought out your previous contract you can't go back to it and you won't get a refund either.
    If you're an O2 Refresh customer, you've the right to cancel your whole O2 Refresh deal (both your Airtime Plan and Device Plan Credit Agreement) within those 14 days. Or you can change your device for another one, but you can only do this once. If you've signed up to O2 Refresh by buying out your old contract early and then change your mind, you can't go back to your old tariff once your new service has started and you can't get a refund on your old contract buy-out fee.
    https://www.o2.co.uk/help/phones-sims-and-devices/our-change-of-mind-policy
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The phone is now second hand and used. I'm sure you would not be happy if you received a phone that had been used and returned, even if in perfect condition.
    As above, there is no statutory 14 days cooling off on upgrades: your rights are limited to whatever terms O2 have put into your contract.
    Deals are always 'must end today': it's the oldest sales trick in the book.
    No free lunch, and no free laptop ;)
  • When I was haggling with Vodafone live chat about an upgrade last week, they kept trying to offer me a phone I had no interest in. They made a big point about the 14 day period which would allow me to "use the phone for a week or two and see if you like it" and change my mind if not. Not sure if O2 is similar, but trying a phone to see if I like it, to me that is not just opening it up and having a look at the case, but installing a few apps, listening to music, and so on.
  • Oh and something else I just remembed. My son recently smashed his screen, but as he had accidental cover from Carphone Warehouse, we took it in and he got a new one the next day. When I was in I enquired would it really be new (as the chap in the shop just said) or refurbished (as the T&Cs stated), he said most replacement "new" phones that go out as warranty replacements are usually new phones that people have returned within the cooling off period, so are indistinguishable from new.
  • Guys_Dad
    Guys_Dad Posts: 11,025 Forumite
    10,000 Posts Combo Breaker
    macman wrote: »
    The phone is now second hand and used. I'm sure you would not be happy if you received a phone that had been used and returned, even if in perfect condition

    I would be a lot happier with a "refurbished" phone than this

    https://www.evemattress.co.uk/mattress-trial
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