Carphone Warehouse returns policy...

[jimmy86]

Hi,
Upgraded orange 18 month contract instore at CPW and got a new samsung handset. Got home and played with the phone and didn't like it so went in today to return it and they say there are no returns with Tmobile and Orange contracts.
Needless to say I am very annoyed at this when I could have upgraded direct with Orange by phone and been able to return handset if i didnt like it. I brought this up with Manager and customer servies who say that it is because of distance laws.

Have I got any hope of an exchange? The phone is in perfect conditon, as is the packaging. I dont want to cancel the contract - i just want a different handset!
Am I not entitled to a return of a product if I have a receipt?

Thanks in advance for any help.

[PrettyPaula]

did the sales person present a leaflet to you informing you that orange and t mobile contracts were not returnable? i know they do have that in one of their leaflets but if you were not advised of this then legally they havent got much choice.

go in, talk to the manager and refuse to leave until rectified.

[OrangePrimate]

Hi Jimmy, welcome to the forum,

The distance selling regs are in place because you are buying products at a distance and dont have a chance to try them before you buy.

As with most products bought from a shop, once you have left the store the goods are yours and only returnable for specific reasons, no longer liking the product is not one of them! Mobile phones are no different than any other products.

Orange used to have a 14 day returns policy from wherever the phone/contract was taken out. Now it has fallen in line with the rest of the networks and no longer offer it. Some independant retailers still have their own policies in place, I think that CPW carried it on for a while but then stopped also.

Contrary to PrettyPaulas post, they dont have to provide a leaflet or spell it out that once you leave the shop with the new phone you cannot return it/exchange because you no longer like it, indeed they would have at one time promoted that you COULD do just that as it was a service above and beyond the SOGA.

Yes, if the phone had been ordered over the phone or on the web you would have the 7 days to return and cancel/exchange for another model, but in this case CPW have every choice in refusing you.

making a fuss instore will get you nowhere, they are more likely to dig their heels in, you may get further with sugar 'n' honey as legally they are within their rights.

[jimmy86]

Thanks for the help.
It seems as though they simply wont budge so my last option is to try and cancel the contract.
I noticed last night that even though I had signed the contract, I had not ticked the box to agree to the terms and conditions. Does this mean that the contract is void as they should not have made the sale without me agreeing to the T&C?

[Hobbie]

It's is very much like the case with Currys/PC World. in which the policy is

"You are unable to open the box to inspect the goods unless you purchase them first"

As OrangePrimate states, simply "Disliking the phone" is not a reason enough in its own that you can return the phone.

But, If you check the contract itself, see if it has a "Right to Cancel" sometimes, it is you have a right within 14 days or something like that.

When you bought the phone, did CPW check your postcode to see if Orange had reception at your HOME or WORK address? If not, then you can claim that the service isn't as expected, and are expirencing problems in using the network.

Another option is to contact Orange Excutive team (Highest Level of Complaints at Orange) on 0800-0790-134 and explain to them.

BUT SIMPLY NOT LIKING THE PHONE IS NOT A VALID EXCUSE TO NOT WISH TO CONTINUE WITH THE SERVCE

I think you understand what i'm saying in regards to the above comment.

[jimmy86]

Yeah thanks Hobbie I understand what you are saying. I've given up hope of them being decent enough to change the phone so I want to try and cancel the contract.

Do you have any idea if what I said about the T&C would work?

Cheers

[Hobbie]

Jimmy,

If you've switched the phone on and connected the SIM Card, you have then entered into contract regardless if you didn't tick the box stating you accepted the T&C. You have in fact accepted them by swtiching the phone on and using it.

How many days into the contract are you?