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Carphone Warehouse, cancellation, 14 day cooling off period

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Hi,

 

Some advice would be much appreciated.

 

1 week ago I took out a 24 month contract with CPW instore on Tmobile and an Xperia T.

 

I have read the info regarding the 14 day cooling off period for distance sales, however in my case there was no 'demo' phone in the store (although I did ask if there was one I could 'play' with) and the sales assistant, despite being very helpful, mistakenly misinformed me about a couple of things to do with the phone.

 

Will I be able to cancel this contract?

 

Regards

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You cannot cancel under 14 days cooling off period as you have rightly said that this was purchased in person, not via distance selling. You have an opportunity to examine the goods before purchase.

 

However, you are covered by the sale of goods act, specifically the part that mentions that goods must be 'as described'.

 

Copied from the office of fair trading website:

By law everything that is said about the product must not be misleading - whether this is said by a sales assistant, or written on the packaging, in-store, on advertising materials or in a catalogue.

 

Therefore, you need to return to the shop with the phone packed away in the packaging given and explain to them that you are rejecting the goods within a reasonable timeframe under the sale of goods act as they do not conform to the description given by the sales agent. Be sure to be very clear as to what was described by the salesperson and exactly how the goods purchased differ from this.

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Thx for the response, the issue in question relates to the sim card. I was advised that I would be able to use my old sim/number, however the new phone has a micro sim - unlike mine.

 

Do you think this is a valid point?

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i think if you take it into the shop they maybe able to copy your sim to the new micro sim


PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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I'm sure the store can copy your phonebook to the new micro sim, but i'm guessing it's the fact that you want to keep your number that's the issue.

 

If you specifically asked the salesperson whether it would take standard sims and he said yes, and you have since realised that it only takes micro-sims then you still have a right for refund due to it not being as the sales person described it.

 

However, you might not actually need to do that, depending on a few things. Is the main thing you want to get sorted is keeping your mobile number? Are you not planning on using the contract that you signed up to with the phone? The sim that you wanted to use, is this PAYG or contract, and which network is it on?

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Well the reason for using my old sim was because of the number - all my contacts are synced to my Google account anyway - and it is a contract sim with Tmobile, as is the new CPW one.

 

TBH i would like out of the whole arrangement but not sure if this would be possible?

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Your number can easily be transferred to a new SIM card. Just pop into a T-Mobile shop and ask them for a Micro SIM. They can do the transfer there and then. Your number will just be transferred from one SIM card to another.

 

When I upgraded from an LG Optimus 3D (which uses normal SIM) to my Galaxy S3 (which uses Micro-SIM) then the T-Mobile shop just got a blank Micro sim and did the transfer in store. The Micro-Sim was working within minutes.

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These are two seperate contracts .... and the old one has three months left to run ...

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These are two seperate contracts .... and the old one has three months left to run ...

 

That shouldn't make any difference.

 

If you were planning on putting the SIM from the old contract into the new handset anyway, then having it changed to a Micro SIM wont have any effect on that. You can have your SIM card changed at any point during the contract without having any effect on it. At most they might charge you up to £10 for the SIM card. The T-Mobile shop will even give you an adapter that will allow you to continue to use the Micro SIM in the old phone that takes normal SIM cards.

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