Dial A Phone and Distance Selling

[james141]

Hi All,

 

I orderd a new phone from Dial A Phone which I recieved.

 

Upon trying to cancel my original contract with o2 they offerd me a much better deal.

 

Now I wish to return the new phone to dial a phone but their returns policy states that the phone must not be opened otherwise you cant return it. Unfortunatly I have opened it.

 

I am thinking this is in strong contrast to the distance selling regulations which state something along the lines of you can return anything you buy online within 14 days without even having to give a reason.

 

Am I correct in thinking I am well within my rights to return it?

 

Thanks

 

James

[james141]

Anyone?

[jampot]

The DSR allows for 7 days, but excludes some types of goods - eg bespoke items, goods with a software license, perishable goods etc.

 

I'd be less interested in their "policy" and more interested in your statutory rights. It certainly would be better if you hadn't opened it, but:

 

"The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop. "

 

Hopefully you've already let them know you wish to cancel, and haven't let it go beyond 7 days?

[james141]

Hi thanks for the reponse.

 

I have not let them know yet but it has only been about a day.

 

I thought I would find out how to proceed first.

[complete]

Have you used the phone. ie. Made/received a call or accessed web etc.

 

If not and the phone is in as received condition you should be able to return under 7day DSR.

[buzby]

Mobile phones are a bit different from buying, say - a DVD Recorder. The phone requires a contract, a legally binding agreement with a network, so unless you can cancel this with no penalty, you;re stuck with the obligation you agreed to. There is no automatic right of cancellation because someone made a subsequent better offer. Providing the phone itself had not been used, DAP should be able to take it back, but at best it is brinkmanship, and you may end up having two contracts.

[rdm2006]

Beware with the distance selling directive as this may only apply if they called you to sell you the phone. If you rang them to buy one then this directive may not apply.

[jampot]

Beware with the distance selling directive as this may only apply if they called you to sell you the phone. If you rang them to buy one then this directive may not apply.

 

Eh? With a few notable exceptions, the Consumer Protection (Distance Selling) Regulations 2000 cover sales made at a distance between businesses and consumers, such as the following:

 

Mail order, catalogue shopping

Internet sales

Digital TV sales

Phone

Fax

 

They have nothing whatsoever to do with who initiated the transaction.

[jampot]

If the phone is OPENED but otherwise UNUSED, and you contact the company within 7 days of receipt, you should be able to cancel the order and return the phone.

 

If you have used the phone, made calls, sent texts, or if the phone (as mine did) has included (licensed) software which has been installed, then you are at the whim of the company I'm afraid - as you will be assumed to have accepted the phone.

 

The DSR are there to allow you chance to view the item as if in a shop - so, to my mind, opening the packaging (providing you keep it) is fair enough.

 

Don't forget their company policy does not (and cannot) override your statutory rights. I've seen some very big companies which advertise carefully tailored "Return Policies" which appear to contradict your rights.

[rdm2006]

Eh? With a few notable exceptions, the Consumer Protection (Distance Selling) Regulations 2000 cover sales made at a distance between businesses and consumers, such as the following:

 

Mail order, catalogue shopping

Internet sales

Digital TV sales

Phone

Fax

 

They have nothing whatsoever to do with who initiated the transaction.

 

 

Thanks Jampot I stand corrected (I was probably thinking of ther pre 2000 regulations ) Or i just had a senior moment LOL