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Phone "Upgrade"

12
Found 19th Aug 2017
My partner was offered an upgrade over the phone to an Xperia XA from an Xperia Z3+. The person who was selling said it was a better phone - it was free/no upfront costs. We haven't got round to actually putting the sim in the new phone but we've had it for more than a month now. I looked up the spec and it's definitely NOT an upgrade on the Z3+, and in no way is it a better phone. The Z3+ is waterproof/dustproof, has a 20.7mp camera (compared to XA's 13mp), a much higher pixel density, twice the built in storage, a better battery, more RAM...
I know we've had it for a while, so can't return under distance selling regulations, but it's still unopened and unused - has anyone had a similar situation where they can offer advice on returning the phone and swapping it for something that is actually an upgrade?
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Who offered the 'upgrade'?
Original Poster
Not sure, I think it was a call from carphone warehouse?
so you agreed to a new contract from a company that you weren't even sure who it was? without even checking to see the details of the phone they were offering? sorry but i doubt there is anything you can do.

You basically bought something without having any idea what you were buying
Edited by: "sparxuk" 20th Aug 2017
Original Poster
I didn't agree to anything - It was my partner who took the call, and it was probably from carphone warehouse or o2. The person on the phone said this upgrade was a better phone.
so she agreed to a phone, without knowing anything about it, she doesn't even know who sold it to her, and then left it in the box for a month. theres no chance of getting it cancelled now, take it as a lesson learned not to just buy something when someone phones and offers you it
Original Poster
I don't know who called because *he isn't here to tell me who called. When the person called on the phone they said the phone was better than the Z3+. The call came either came from o2, or carphone warehouse. I'm thinking that if a company sells you something and they've lied about it (it's not a better phone) - then we might have a reason to ask for a return/exchange.
If you don't know who sold it to you, how do you know who to return it to? If you've had it a month, how can you prove the person who spoke to your partner, and you don't know what company they are from, actually said it was an upgrade? If you are happy with the original phone, why not just sell the upgrade on? I'm sorry to sound negative but if you don't know who sold it you, I don't see how you can return it.
After a month you've no chance.

They give you 14 days to return it so in that time you can check that what you've been sent is what you ordered. If you don't do that for whatever reason you have no come back and can't shift the blame back to the company.
If they have managed to palm off a slightly worse phone for free why would they give you an upgrade on the same terms?
The 14 days is only for you to check compatibility, quality and things. I'm fairly sure misleading advertising doesn't come under that.

Do you have any proof that the claim about it being a better model was made? If it's just your word against theirs then you might not get very far, but if you got e-mail confirmation or it's part of the terms and conditions of the offer then you may get a result.

Finally, have you contacted them? It's always worth asking nicely first before bringing up legal challenges.
If someone says something is better than something else, that is their opinion. For instance, if said phone has a better camera than old phone, that doesn't make it a better phone. If it has more memory. That doesn't make it a better phone etc etc. It's an opinion based on a lot of factors. Might be better for them and not you or the other way about. You have no chance in returning. I have no idea how you or your partner ended up with it in the first place from a random phone call from who knows who.

I agree with above post, take this as a lesson learned for you or your partner. Try and sell it privately and buy another. Cut your losses.

Rule of thumb, don't take anything to do with anyone who calls you to sell you something. Worst case, do some research into the caller and the product.
The XA is an old phone.

Are you sure it isn't actually a XA1 which is actually a better phone?

The XA1 was released this year as opposed to the other phones that were 2015/16.
Edited by: "Gynx" 20th Aug 2017
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