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Can I return my mobile phone?

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Hello, I got an upgrade to a SE w850i, and got the phone on Saturday. Been using it and its a freat phone and everything. Previous contract was to finish in February this year. But signed onto a 18m… Read More
Ravster Avatar
1d, 5m agoPosted 1 decade, 5 months ago
Hello,


I got an upgrade to a SE w850i, and got the phone on Saturday. Been using it and its a freat phone and everything. Previous contract was to finish in February this year. But signed onto a 18month contract.

However, is there a chance I can return the phone and cancel the contract since I have seen that I can get better deals since I was only 'offered' 500mins and 100texts for £30 a month, and I took it.


Dealing with e2save by the way. On o2 network.
Ravster Avatar
1d, 5m agoPosted 1 decade, 5 months ago
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Comments/page:
#1
If you purchased online right?.......

You can have a 7 day cooling off period, and can return for a full refund, as long as it's in the condition it was received.
#2
^It was done over the phone, and it was an upgrade.
#3
When did the phone arrive?
#4
Last Saturday.
#5
Assume you have no more 7days to return it, call up asap, get an address to return it, send it TODAY via special delivery only, nothing else, package it right (damaged box = they charge you) and I just hope u kept every piece of packaging and spoiled nothing on it you should be ok.
#6
E2Save are saying that I can not return the phone because it was an upgrade and I upgraded from a 12month contract to an 18month. The lady told me that all their deals were only running on 18months from now on.


So I rang o2 to try and downgrade to a cheaper tariff with a duration of 12months, but he said that because you have agreed to a 18month contract, you can still downgrade, but I will still be on a 18month contract.


The new tariff takes effect from tomorrow so need help to see if theres anything I can do..
#7
Under the Consumer Protection (Distance Selling) Regulations you have special rights as a consumer when you shop from home.
But remember, you still have your normal statutory rights if something goes wrong.
Normal statutory rights

If you receive faulty goods:
[LIST]
[*]If there is something wrong with what you buy, tell the supplier as soon as possible. Do this via email or phone and let them know why you are complaining.
[*]Keep a written note of a phone conversation.
[*]Keep a copy of any email exchange.[/LIST] Please note that:
[LIST]
[*]If you sign an acceptance note when you receive the goods, this does not mean you have signed away your right to reject them.
[*]Allowing the seller to try to put faulty goods right also does not affect your rights. If the repair fails, you still have the right to reject the goods.
[*]If they are faulty, you should not be charged anything, including the cost of returning goods.[/LIST] If you are buying a service, it should be carried out:
[LIST]
[*]With reasonable care and skill.
[*]Within a reasonable time - particularly if you have not agreed a completion date.[/LIST] Your rights when shopping from home

When shopping from home, you additionally have the right to:
[LIST]
[*]Clear information about the goods or services before placing an order
[*]Written information about a purchase.
[*]A 'cooling off' period of seven working days, during which an order can be cancelled without any reason and a full refund made.
[*]A full refund if goods or services are not provided by an agreed date, or within 30 days of placing an order if no date was agreed.
[*]Protection against credit card fraud.[/LIST]


All from http://www.consumerdirect.gov.uk/general/shop_home/fs_y01.shtml
#8
Ravster. e2save are a child company of Carphone Warehouse, try ringing their Customer Services, 0800 0491008 and see if they can shed more on this.

Upgrades can be a nightmare, i always upgrade with the service provider. I have however decided i wanted a 2nd phone, and got one, on a new contract with e2save, and i am less than impressed

Good luck :) Off back to bed now.....zzzzz
#9
If you don't like the goods or have changed your mind, you can cancel the order. This is usually within a seven-day 'cooling-off' period. (Please note that the rules for financial services (including consumer credit) may allow a different withdrawal period. Please contact Consumer Direct for further advice).
You have the right to return or cancel your order for any reason. But please note that there are some exceptions, as described below.
Top
Cancelling an order

When to cancel

You can cancel at any time until:
[LIST]
[*]The end of the seventh working day after the day on which you receive your goods; or
[*]The end of the seventh working day after the day on which the trader agreed to go ahead with the service.[/LIST] But please note that you might lose your right to cancel once the service has started.
You also have a further three months to cancel if you were not given all the necessary written information. If the trader gives you this information late - but still before the three months are up - you will have seven days to cancel from the day you receive that information.
How to cancel

To cancel your order, you must tell the seller in writing - by letter, fax or e-mail.
Refunds after cancelling

If you have already paid for the goods or services, the seller must refund your money within 30 days of you cancelling the agreement.
If you have paid for the goods by a credit agreement suggested or organised by the seller, the agreement will be automatically cancelled.
Top
When you can't cancel

Please note that there are circumstances when you cannot cancel unless the trader has given you a specific contractual right to do so.
These are if:
[LIST]
[*]The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel.
[*]You had the goods made to your specifications or personalised.
[*]The items are likely to go off or deteriorate quickly, such as flowers or fresh foods.
[*]The goods by their nature cannot be returned.
[*]You have opened sealed audio or video recordings, or computer software.
[*]They are newspapers, periodicals or magazines.
[*]You bought betting, gaming or lottery services.
[*]The price is dependent on fluctuations in the financial market.[/LIST]



7th working day - so no rush. just email them as cancellation needs be in a written form. Then send phone back (with a trackable & insured service!)
#10
On the e2save website, it states that I can return the phone for a full refund, under the Consumer Protection (Distance Selling) Regulations 2000.

But it also says that, ' If you have upgraded your handset, you will not be entitled to cancel your airtime contract.'
#11
That would come under:
"The trader has already started to provide the service within the cancellation period and you have agreed to this. You must have been told in writing - before the supplier agreed to carry out the service - that you would then lose your right to cancel."
Worth moaning to Customer services though.
#12
Ive just rang o2 and I tried to get a downgrade to a cheaper 12month contract, because when I rang for the upgrade I was told that I could only be offered a 18month contract because the 12 month contracts are no longer available. Thats clearly not the case because Ive seen loads of o2 contracts that are on 12months just now on e2save


I rang them just now regarding this and they said because it was a verbal agreement, there is nothing I can do. The new tariff doesnt take place till the 11th though.
#13
Just argue that what you ordered was not as described verbally.. they cant prove otherwise so will agree to cancel your arrangement.

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