Problem with mobile phone return

[uriel]

I bought a mobile earlier in the week (ordered Tuesday night, delevered Thursday morning), a Samsing Tocco on an Orange Contract. I don't really use the phone that much for calling these days, but wanted one that would be good for mobile internet, e-mail, MSN etc. I ordered it through a well known dealer, the sort that offer PS3s and TVs free with contracts etc (I didn't go for any offer like that though).

It arrived yesterday and the phone itself is nice. I called Orange and got it connected so I could use it. I tried the proprietary browser and it's rubbish. It doesn't seem to work very well at all with most of the site I'd use and doesn't work at all with Google Maps, Youtube etc. I tried Opera Mini, but that doesn't work well either.

At this point I regret the choice of phone and wished I'd gotten one with Windows Mobile 6.

So I call them to see about an exchange and they say that since it's been used, there is nothing at all that can be done. Is this true? The guy did the usual trick of telling me that he can't help and gave me a number that can - the same number that I used to get to through to him in the first place!

AIUI I have a 7 day cooling off period for contracts, but not if the service starts within that 7 days? What if I was happy to retain the contract, but just change the handset? With phones is the handset bound with the service?

Basically, do I have any options other than to live with the handset for 18 months or payout the contract?

Any help greatly appreciated.

[Rossatron]

It's 14 days you have to return the phone IIRC and the whole point of that is so you can return the phone if you are not happy with it so obviously you have to use it before you know its rubbish.

Failing that put the tocco on eBay and buy something else sim free. An iPhone sounds perfect for what you want, excellent for broswing PH - I'm posting from mine now.

[anonymous-user]

Your covered by distance selling regs.........

[trooperiziz]

Dave_ST220 said:

Your covered by distance selling regs.........

Not if you've used the item.

[uriel]

trooperiziz said:

Dave_ST220 said:

Your covered by distance selling regs.........

Not if you've used the item.

This is my concern

I've e-mailed them to tell them that I'm not happy with the handset and will be sending it back for an exchange, but will be happy to keep the contract if it can be switched to the new phone.

Can't see it happening and from what I can find about the company by Googling, I'm not even expecting a reply.

[bigTee]

it's seven days. Even if you have used the phone.


used to me 14 - now 7.

[anonymous-user]

trooperiziz said:

Dave_ST220 said:

Your covered by distance selling regs.........

Not if you've used the item.

Cancellation periods
The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

How can you examine the if you can't get them out of the box? For the record i think the rules are silly-what is the retailer supposed to do with the opened item that someone has examined? They can't sell it on as the security seals have gone.

[V8mate]

Dave_ST220 said:

trooperiziz said:

Dave_ST220 said:

Your covered by distance selling regs.........

Not if you've used the item.

Cancellation periods
The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

How can you examine the if you can't get them out of the box? For the record i think the rules are silly-what is the retailer supposed to do with the opened item that someone has examined? They can't sell it on as the security seals have gone.

But people go into mobile phone shops, ask to look at phones (which are then unboxed and switched on) and then decline to buy, all the time.

[Digger.]

You are fully within your rights to return the phone and used contract under DSR. Just not sure whether its 7, or 14 days.


EDIT Have a read here. . .


http://www.consumerdirect.gov.uk/after_you_buy/buy...

Edited by Digger. on Friday 12th September 12:59

[uriel]

Digger. said:

You are fully within your rights to return the phone and used contract under DSR. Just not sure whether its 7, or 14 days.


EDIT Have a read here. . .


http://www.consumerdirect.gov.uk/after_you_buy/buy...

Edited by Digger. on Friday 12th September 12:59

I've read that (and previously the same text from the OFT site), but I think the stumbling block is the "But please note that you might lose your right to cancel once the service has started." part. I registered the phone with Orange, which started my contract running and it was only then that I was able to use the phone and find it lacking.

Still no reply from Dialaphone.

[bigTee]

just call Orange.

Tell them you are trying to cancel within 7 days but the dealer is delaying.

you CAN cancel within 7 days. Fact. Fact FACT!!!!!


you will however be billed for line rental and usage during the time of connection.

Dialaphone cancel it with Orange, obtain a RA number, return the stock and get a full refund for the kit.