Not allowed to cancel contract after being told I would

[realblender]

I recently (23/01/2009) upgraded by telephone my Orange mobilephone with Carphone Warehouse, but I'm not happy with my new phone and want to return or exchange it for another. I rang up today (28/01/2009) to try and do this and was told that because it was an upgrade the contract is not cancelable, and the only way out of it is to buy it out.

 

However when I rang on the 23rd I was told there was a 14 day period within which I could, at the very least, exchange the phone for a different model. If this was a mistake by the sales rep, is the company bound by it? I've been told that I'll be rung back within 72 hours by the sales rep that gave me the misinformation, and want to know beforehand if I have a leg to stand on.

 

All calls have been recorded by the company, so if I'm capable of obtaining a transcript that clearly states there is a cool-off period, would this make a difference legally?

 

Many thanks!

B

[OrangePrimate]

Hi

 

you are covered under the distance selling regs that allow you 7 days from the day after you recieve your phone to have a look and see if you like it, even on an upgrade. this is if you order over the phone or web and never took away from a store.

 

you are within your time limit even if you call them on the 30th. make sure they note that you are rejecting the goods, get it back in the post TODAY, with a trackable reference. (worry about claiming the postage back from CPW later) and chose another one!

 

Even better, if you are already with Orange and want to upgrade, give CS a call you may get a better deal, or on Orange web site (get a fiver off line rental for a start!)

[buzby]

Distance Selling rules of course DON'T apply if you went into CW in person.