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What rights to cancel do you have when buying from a shop?

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  • smallzoo wrote: »
    I thought the whole point of Martin's superb website is to fight for consumer rights and stop retailers,banks etc taking consumers for a ride. It seems from some of the comments made that if we make a genuine mistake that we should not blame the retailer as they are there to make money but just blame ourselves for a lapse in concentration. The WHOLE point is that if CWP had mentioned the FUNDAMENTAL fact about the Orange contract that there was no cooling off period and NO money back gaurentee I would certainly have thought again.

    CPW said in a recent interview with the BBC..

    "...The Carphone Warehouse says providing expert and clear advice has always been core to its principles..."

    Thats what I am talking about, not trying to moan or bleat as some people have indicated. We should fight for our rights not sit back and let the onus be on the the consumer rather than the 'experts' who are selling us their goods or services.

    Did you ask if there was a cooling off period?

    Again another example, I wanted to buy an Iphone. From its release in Oct/Nov I went into O2, the Apple Store in Regents Street and played with it, always walked away and thought no, will give it time. I must have gone into those stores about 6 times playing with it and eventually I bought one last week, an 18 month contract, and probably not a great tarrif compared to others, but I took my time, I didn't rush and I'm happy with my purchase.

    We use this site as a good way of saving money/advice etc, but just because the answer to your question is not what you want to hear you then go on about fighting for our rights. If there had been a blatent con here against you then you would be getting sympathy, but not in this case.

    You basically are peed off that you are not going to get £300 cashback, so are looking at blaming the salesman/carphone warehouse/Orange/even the reception in your area, I can't see you getting very far with this.
  • smallzoo
    smallzoo Posts: 109 Forumite
    OK..let agree to differ on this point.. I certainly dont want to get into any sort of personal slanging match with other users..

    Yes.. I should have looked at the contract more clearly

    No.. I'm not looking fro £300 just an acknowledgment from CWP that as 'experts' they should have advised me better and mayeb throw in something like a bluetooth device..they earn enough money so I'm sure it wouldnt hurt

    Thanks for people's advice.. I guess it will just be me on my shiny charger battling this point now on my own...

    Good luck with anyone in the same position
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    smallzoo wrote: »
    Today I went on the Carphone warehouse website and they had two deals on both these phones which based on cashback would have saved me £300 !! over the 18 month contract.

    Maybe it would have been a good idea to have done your "shopping around" (including the internet) before making your purchase.
    Its hard, but I think you are stuck with what you agreed to.
  • Woby_Tide
    Woby_Tide Posts: 5,344 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    smallzoo wrote: »
    No.. I'm not looking fro £300 just an acknowledgment from CWP that as 'experts' they should have advised me better and mayeb throw in something like a bluetooth device..they earn enough money so I'm sure it wouldnt hurt


    why would a company give something for free when they have a 'willing' customer sat in front of them who'd agree to sign anything so long as they got a couple of shiny new phones there and then. The salesmen did their job completely. If you'd have turned round and said you'd think about it, they may well have started offering you incentives to sign their and then(which again should have made you even more wary about why they were so keen to get you to sign there and then(so you can't go home and realise you cold get £300 cashback being their biggest incentive)). You sadly played right into their hands and sticthed yourself up. At best you could possibly stop using the 2 new phones straight away and get them boxed up ready to put on Ebay/freeads, then get looking for a new deal.

    Or, if the Orange reception is OK and you were just bluffing us earlier trying to squirm out of the contract then sign up for the same contract online. Then sell the two new boxed phones to cover the costs of that contract and then you get the £300 cashback too. No idea what the phones would get you compared to the contract cost but it might make it more palatable.
  • Okay I bought an iPhone from carphone warehouse at Selfridges 2 weeks ago for my girlfriends birthday. She has opened it, but not registered it and has decided that she does not want it!

    Ok so I looked at my Selfridges receipt and it states that I can return any item within 28days! SO I just called the carphone warehouse at Selfridges to confirm that I can return the iphone tomorrow and was told I could only return it if I failed the credit check at registration!

    I see that carphone warehouse state on there website that they will accept returns within 7 days. Unfortunately I am now on day 15 (her birthday was last week!)

    So my question is what are my rights on this one? I have a receipt that states I have 28 days, but a sales manager at the carphone warehouse who was not very pleasant to me on the phone and says I can only return if I fail the credit check!!

    HELP!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Contact Selfridges - it's your best hope of resolving this.

    CPW stores don't allow you to change your mind and return phones. (The info you have read about returns in 7 days is for internet purchases).
  • Ok thanks. Have spoken to Selfridges and there looking into it for me.

    I thought legally the customer is entitled to a 14 days cooling off period?

    Such a grey area it seems.

    Well lets hope Selfridges come good!
  • Quentin
    Quentin Posts: 40,405 Forumite
    Well it's not really a grey area. There's no cooling off period as a right when you buy something in person at a shop.

    You are thinking of the distance selling regulations which give mail order customers the cooling off period. (7 working days starting the day after delivery).
  • .
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    Hi there, my partner has just gone and signed up with an orange pay monthly contract and chose the phone, but she has got the wrong phone and i have found they dont offer the phone on the orange network.

    Can she cancel the contact?
    she has had it for 1 day, not used it, the shop said she cannot, is this right?? does she have any rights in this situation, i thought they had to give a cooling off period ??


    Thanks Lee

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  • was this a brand new contract or an upgrade to a new contract?
    if it was an upgrade then it may not have cooling off period, if it was a brand new contract there should be a 14 day cooling off period
    The only thing worse than being talked about is not being talked about - Oscar Wilde:beer:
    Big sister to Hayley11 and Before Hollywood and adopted daughter of Vikingero
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