O2 Mobile Upgrade

Buster23

I upgraded my mobile phone at my local O2 shop, but when I got home, I didn't like the phone, so went to return it. I was told that I couldn't because the phone was an upgrade and not a new contract!
When I phoned customer services, they told me this was because I purchased the phone in the shop and not over the telephone, if I had bought over the telephone, then I would have been entitled to the 14 day cooling of period.
Feel I am being punished by O2 for being a loyal customer.
Has this happend to anyone else, or have you got any ideas as to what I can do to get them to take the phone back?
:easter_os

purpleluvbug

Threaten to never use them again. Might make them think

Buster23

Tried that! I wanted to cancel my contract and they told me that I would have to pay over £300!!

scbk

Sell the phone and buy a different model?

loofer

As far as I am aware, upgrade is just a renewal of the contract. Some may call it an extension of the rolling contract whereas some may think of it as a new contract. Maybe someone with a bit of knowledge on contract law can provide bit more info.

Think of it as a pair of shoes or any other product. They don't have to take it back unless it affects your statutory rights (not fit for purpose etc.) Also, with buying something online/over the phone you get extra protection with Distance Selling Regulations.

If they, however, have some charter or returns policy that states you can return if you change your mind (unused etc) if bought in store... then I would write to customer services and kick up a fuss... especially the fact that you are being treated unfairly because you made the choice of keeping your custom with O2. Is that something they don't appreciate?

matrix999

As far as i was aware you had 7 days if you want to change a phone that has been purchased in the O2 Shop when upgrading.

Any other time the 14 day return policy would apply or has this been abolished?

bringmeshoes

you only get 14 days 'cooling off period' over the phone due to the distance selling act. when you get a phone instore you can see it so you know whether you like the handset before you get it home. they are under no obligation to let you change the handset