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Carphone Warehouse - Cooling off / Companies Liability To Notify.
Hi guys
12th May 2009 I went to Carphone Warehouse Guisley To take out another 02 contract as I was cancelling my old one.
The salesman managed to cock up the order and put my address validation for chip and pin through 5 times which locked the internal security system they have in place to detect card fraud. Apparently once this lock is on with CPW it doesn't drop off for 6 weeks. The only amusing part was him asking me not to shout at him for blocking my card and locking my account.
So.. in need of another phone i took a contract with orange with an N96 on a £40 per month tariff. No probs. I got home and was then told by my neighbour that although there is limited call coverage in parts of the house, there is no 3G coverage and the net wont work. So today I spoke with 02 who offered me a much better deal and who have perfect coverage here as I've had for the past 18 months with them. I returned to CPW to tell them and the advisor stated they wouldn't accept the 'un-used 2 day old phone' because it wasnt their policy.
Naturally I questioned the fact that this was not mentioned at the time of sale and the advisor apologised and stated he should have written 'non-returnable' across the top of the agreement. Either way.. he didn't write anything. I have checked the contract i signed and It states nothing about not being able to return, however all the reciept says in tiny print on the back is "in certain circumstances we may accept refunds or exchanges, please see our on line terms" etc etc.
My questions to the forum are these:
1. Are the CPW obliged to point this fact out at point of sale?
2. Should it be clear and concise that Orange contracts are non-returnable in-store?
3. With the final words "Any problems bring the phone straight back" could that be a fair assumption that returns are accepted?
4. Do i have a basis for a miss-selling claim should i need to escalate this issue?
Re: Carphone Warehouse - Cooling off / Companies Liability To Notify.
It's doubtful there is anything in law that entitles you to a return.
Here's a checklist (in no particular order of importance)
Is there anything in the contract granting the right of return?
Did the advisor say it could be brought back or imply it? (you need evidence).
Was anything said in conversation that should have made it known that you were using these services in your home and that coverage is not available there for that purpose?
Really, they should have made it clear on what basis they will accept returns, but this is not a requirement. There is no legal requirement for any seller to say whether or not goods are returnable or services cancellable (unless bought by distance or there is a statutory obligation to say there is a cancellation period).
"Any probs, bring it back" is ambiguous. Of course you would bring it back, but what for and for what action? A refund? repair? It is not said and I doubt it could be presumed.
As to the point about the advisor saying he should have written "non returnable" on the receipt, well that goes back to what I said before. It could be construed that there is a general policy of returns, but that is pushing it. And it is your word against his in any case that this was said.
This is like being pecked to death by ducks - slowly. There is nothing to say that duck pecks can kill, and little evidence of which ducks where pecked you or which one delivered the final mortal peck. Yet you were pecked (that sounded really profound when I though it but never mind).
I would sat a polite and detailed letter to CPW, showing your disappointment in them, would be in order. Either that or go to the CAB to see if they can take apart the contract for anything.
Carphone Warehouse - Cooling off / Companies Liability To Notify.
with an N96 on a £40 per month tariff. No probs. I got home and was then told by my neighbour that although there is limited call coverage in parts of the house, there is no 3G coverage and the net wont work. So today I spoke with 02 who offered me a much better deal and who have perfect coverage here as I've had for the past 18 months with them. I returned to CPW to tell them and the advisor stated they wouldn't accept the 'un-used 2 day old phone' because it wasnt their policy.
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