Mobile Phone Return - Affordable Mobiles. And voda contract

[Tholan]

I bought a phone contract at the end of november in the black friday deals.

Upon receivng it, i used it for a few days and found that there was no signal at my home or work places.

Therefore i requested a return and refund/cancellation of contract.

 

This was processed and the phone was returned within a week.

It has taken the company over a month to process my return and apparently it is not in a pristine conditon (wear, scratches) of which I am not sure about.

I cleaned the phone up and returned it in original packaging.

I am awaiting picture evidence.

 

Their T&Cs state that if it isnt pristine then a 30% fee from the phones RRP would apply.

 

My question is,

is this acceptable?

Isn't the consumer allowed to use their purchase before deciding if it is fit for purpose or meets expectations?

 

If they are allowed to charge this fee, and the damage is real, then I will happily pay it.

It just seems a bit unfair to me.

Edited January 8, 2019 by dx100uk
spacing

[dx100uk]

who?

 

if you cancelled within 30 days because the service was not fit for purpose, then they shouldn't and cannot be charging anything under CRA short term right to cancel

 

dates please

[renegadeimp]

They also cant charge 30%. As it isnt a figure due to any damage. its just a random fixed figure they plucked out of thin air.

 

Which company is it. Is it an actual provider, or a third party distributor.

[Tholan]

Hi

 

I thought that may be the case!

The company is Affordable Mobiles.

I will also add they have not cancelled my contract yet, and I am still being charged £38 per month by vodafone.

 

I bought the contract on 23rd Nov,

received it on 3rd Dec,

issued return on 6th

and was returned to them by 12th dec.

 

All i've been told so far is that it is not in "Pristine condition" therefore the 30% charge applies.

 

Having just been on the phone and received some images, there appears to be some scuff marks and very small scratches (which i dont really believe as i polished the phone and packed it and didnt notice it).

 

Their 30% is due to the fact they will sell it now on eBay and make a loss on the phone.

 

Still seems fishy, could I hit them with some laws saying this is acceptable?

or should i take the hit and pay?

Edited January 8, 2019 by dx100uk
Merge

[renegadeimp]

so its a silly third party company. Prob ran by someone out of their spare room. Still cant charge a fixed amount like 30% and like dx said. The laws on your side. You can still cancel without penalty. SOunds like this retailer doesnt know UK law.

[Tholan]

I have spoken with the citizens advice line and the law states that the device needs to be handed back in a resellable condition (as new) basically.

As these pictures show, the phone has damage, which i am not sure where there when i shipped it. But thats not the point.

 

They did say that a 30% arbituary fee cant be charged, that a accurate fee to repair should be charged. As both the front and back are damaged, it would come close to the 30% mark anway.

 

I have opted to just buy the handset back off them and either sell it on privately or use it without the contract that was sold with it.

 

Thanks all for your opinions and feedback.

[BankFodder]

Of course citizens advice are not really giving you accurate information.

 

If you are returning the item simply because you have changed your mind and you are returning it within the 14 day cooling off period then yes, of course, it must be pristine resalable condition.

 

If you are returning it because there is some defect in the contract then the condition of the phone is not relevant.