Unable to cancel 4 day old contract

[duane72]

I bought a phone on an 18 month contract from mobile phones direct (online store) on Wednesday and phoned up on Saturday to return it as I wasn't happy with the phone. I was informed that the distance selling act doesn't apply as I broke the seal on the phone box and therefore would have to keep the phone. Is this legal??

[stroke a badger]

Have a look at clause 7.3 under Cancellation Rights,Returns and Refunds.

 

Terms & Conditions - Mobile Phones Direct

[hightail]

How much did you use the phone? If you only used it to check it worked then I don't think this clause will hold water. You are entitled to inspect the goods under DSRs and it's not unreasonable to insert a sim card and see if the phone works as part of that inspection. If you used it a fair bit for 4 days and then changed your mind that's different.

[duane72]

How much did you use the phone? If you only used it to check it worked then I don't think this clause will hold water. You are entitled to inspect the goods under DSRs and it's not unreasonable to insert a sim card and see if the phone works as part of that inspection. If you used it a fair bit for 4 days and then changed your mind that's different.

 

the phone hasn't been used, the sim was put in but no calls or texts sent.

[hightail]

7.3 No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) Regulations 2000 once you have used your product, unless the product is defective and you are returning it for this reason.

 

If you didn't use it then this clause is not relevant. Opening the box to inspect it isn't using it and I reckon DSRs do apply.

[buzby]

Agreed - the 'broken seal' is a bogus argument, and even ignoring this, if you found AFTER using the phone the network coverage was not good enough for your purposes, you STILL have 14 days to cancel. **

 

Return the phone by Registered Mail, copy you letter of termination to both the vendor AND the network, so there is no doubt that you are not keeping the phone ot the contract.

 

**This won't apply if the phone was an upgrade on the same network.

[installspark]

They may well argue that you cannot return under this clause:

 

7.5 No right of cancellation exists for Goods where you have agreed to a connection or service contract with a mobile phone network as specified in that networks separate terms and conditions.

However, that in itself is an unfair contract term as most networks allow you up to 14 days (depending on which network you have chosen) from receiving your order to cancel the airtime contract - note this does not apply to upgrades.

 

Provided that you have not made any calls or texts, nor used any form of data e.g internet, and you did not make any changes to the settings on the handset including, but not limited to, changing the time and date then you will be able to return the handset under the DSR and cancel the airtime contract without ay termination fees.

 

As Buzby states, send copies to both the supplier and the network.

[duane72]

Thanks all!!

Took the advice offered and recieved an email today informing me of the cancellation of my account. :-)