Wrong Phone Model

Sugarfreemint

My partner and I have a contract with EE that includes TV and both our phones.  Our contracts had ended and we went in to look at phone upgrades.

I have small hands and the size and weight of phones is beginning to give me a lot of pain in my wrist.  I explained this and asked about availability for a small phone.  It was confirmed that the Samsung Galaxy S24 was available and there was a deal on.  I was pleased.  It was late in the day so they asked us yo return the following day to complete paperwork.

We duly attended the appointment the following day (yesterday).  The phone my partner wants was not in stock.  I (the account holder) signed the paperwork for his phone.  A box was brought out for a Samsung Galaxy.  Things were done to it and I was asked to leave my existing phone with them whilst they did the transfer.  I returned an hour later and was handed a bag with the two phones in it and the contract for my partner's phone.

It was only once I had returned home that I realised I have been given a completely different model, an A26, which is huge.  This model was never discussed and had it been shown to I would have declined it.  It's no exaggeration when I say that it's as long as my forearm.

I went in today and was essentially told that they don't have a returns policy and the only thing they'd be prepared to do was give me the S24 for an extra £25 a month.  I have pointed out that I did not in fact sign a contract for this phone.  

What are my consumer rights with this?  The phone they've given me is a completely different model and at no point was this model ever mentioned.  They're telling me that they've tied me into a contract for a phone that will exacerbate a physical injury.

Thank you for any advice.

eskbanker

Are you sure that the contract you signed only covers your partner's phone - it seems odd that a phone shop would allow a customer to walk out with a new phone without any sort of payment or contractual formalities being completed?

Grumpy_chap

Sugarfreemint said:

My partner and I have a contract with EE that includes TV and both our phones.  Our contracts had ended and we went in to look at phone upgrades.

I have small hands and the size and weight of phones is beginning to give me a lot of pain in my wrist.  I explained this and asked about availability for a small phone.  It was confirmed that the Samsung Galaxy S24 was available and there was a deal on.  I was pleased.  It was late in the day so they asked us yo return the following day to complete paperwork.

We duly attended the appointment the following day (yesterday).  The phone my partner wants was not in stock.  I (the account holder) signed the paperwork for his phone.  A box was brought out for a Samsung Galaxy.  Things were done to it and I was asked to leave my existing phone with them whilst they did the transfer.  I returned an hour later and was handed a bag with the two phones in it and the contract for my partner's phone.

It was only once I had returned home that I realised I have been given a completely different model, an A26, which is huge.  This model was never discussed and had it been shown to I would have declined it.  It's no exaggeration when I say that it's as long as my forearm.

I went in today and was essentially told that they don't have a returns policy and the only thing they'd be prepared to do was give me the S24 for an extra £25 a month.  I have pointed out that I did not in fact sign a contract for this phone.  

What are my consumer rights with this?  The phone they've given me is a completely different model and at no point was this model ever mentioned.  They're telling me that they've tied me into a contract for a phone that will exacerbate a physical injury.

Thank you for any advice.

Did you see the phone you thought you were buying before agreeing?

The Galaxy S is the "flagship" range in the Samsung product portfolio, is a large phone (with even larger "+" option) and is expensive.  Expensive even though the 24 is not the latest iteration.

The Galaxy A26 is a rather more moderate performance phone and a lot cheaper, but as standard is the same as the "+" size of the Galaxy S series.

eskbanker

Grumpy_chap said:

Did you see the phone you thought you were buying before agreeing?

The Galaxy S is the "flagship" range in the Samsung product portfolio, is a large phone (with even larger "+" option) and is expensive.  Expensive even though the 24 is not the latest iteration.

The Galaxy A26 is a rather more moderate performance phone and a lot cheaper, but as standard is the same as the "+" size of the Galaxy S series.

But in terms of the physical dimensions that OP is concerned about, the sizes of the standard models are noticeably different, with the S24 being circa 80% of the size of the A26:

S24: Dimension 147.0 x 70.6 x 7.6mm  Weight 167g
A26: Dimension 164.0 x 77.5 x 7.7mm  Weight 200g

Ergates

Grumpy_chap said:

Sugarfreemint said:

My partner and I have a contract with EE that includes TV and both our phones.  Our contracts had ended and we went in to look at phone upgrades.

I have small hands and the size and weight of phones is beginning to give me a lot of pain in my wrist.  I explained this and asked about availability for a small phone.  It was confirmed that the Samsung Galaxy S24 was available and there was a deal on.  I was pleased.  It was late in the day so they asked us yo return the following day to complete paperwork.

We duly attended the appointment the following day (yesterday).  The phone my partner wants was not in stock.  I (the account holder) signed the paperwork for his phone.  A box was brought out for a Samsung Galaxy.  Things were done to it and I was asked to leave my existing phone with them whilst they did the transfer.  I returned an hour later and was handed a bag with the two phones in it and the contract for my partner's phone.

It was only once I had returned home that I realised I have been given a completely different model, an A26, which is huge.  This model was never discussed and had it been shown to I would have declined it.  It's no exaggeration when I say that it's as long as my forearm.

I went in today and was essentially told that they don't have a returns policy and the only thing they'd be prepared to do was give me the S24 for an extra £25 a month.  I have pointed out that I did not in fact sign a contract for this phone.  

What are my consumer rights with this?  The phone they've given me is a completely different model and at no point was this model ever mentioned.  They're telling me that they've tied me into a contract for a phone that will exacerbate a physical injury.

Thank you for any advice.

Did you see the phone you thought you were buying before agreeing?

The Galaxy S is the "flagship" range in the Samsung product portfolio, is a large phone (with even larger "+" option) and is expensive.  Expensive even though the 24 is not the latest iteration.

The Galaxy A26 is a rather more moderate performance phone and a lot cheaper, but as standard is the same as the "+" size of the Galaxy S series.

Whilst the Galaxy S range are the "Flagships" for Samsung, it's not true that they're all "large".   

The S24 is the successor so the S10 - and is specifically designed for people who want a smaller phone.

The A26 whilst not the largest phone is significantly bigger and is definitely *not* designed for people who want a small phone.
S24: 147 x 70.6 x 7.6 mm
A26: 164 x 77.5 x 7.7 mm

@Sugarfreemint - when you say "I have pointed out that I did not in fact sign a contract for this phone."  Do you mean that you signed a contract with them that specified it was for an S24?

born_again

If you were in store & they brought the phone out, why did you not ask to look at it & see how it was to handle?

Which phone is your partner getting? Are you sure they did not get things messed up & this was their phone?