Advice on cancellation rights after 3 days/sale of goods

**Goldlady** · 19th August 2008 20:45

Friend's son has signed up for contract with o2 icon

for 18 months - he is 17 and his aunt signed the forms on his behalf. Contract states he has 14 day cancellation rights. After two days the screen on the phone went wrong and he went back to the shop with it, and said he had decided he didn't want to continue with the contract after all. They refused to cancel as there are some minor scratches on the back of the phone, due only to him putting it in his pocket, no misuse. My friend argued that as the phone was faulty the scratches were of no relevance, and also that if the case was as easy to damage then that was in fact another manufacturing fault.

After various phone calls icon

they have agreed to cancel the contract but have told her she still has to pay £35 a month for the next 18 months for nothing - the phone is now back with the shop.

I am going to suggest she contacts Trading Standards, but wondered what anyone else thought.

Thanks

Goldlady

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**installspark** · 20th August 2008 07:02

Was the handset purchased from an o2 icon

retail store? If so then the 14 day cool off period should have been honoured regardless of the fault or scratches. If this is the case then the account holder will need to go back to the store and get them to cancel the contract, contacting the retentions department if needs be (i.e now gone outside the 14 day period).

Should the handset have been purchased through a 3rd party retailer such as Carphone Warehouse or Phones4U, then you are at the mercy of the store in regards the 14 day cool off, as experience of talking to such customers has shown that each store interprets the T&C differently. This, however, does not absolve them from their obligations under the Sales of Goods Act in relation to the faulty handset

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Advice on cancellation rights after 3 days/sale of goods

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