Phone contract question - Need to return phone

[LaurenceGough]

Hi guys,

My friend has an issue with her phone, it's very painful to type on and needs to be exchanged as she can't use it.

The phone/contract was bought from Carphone warehouse, in store. They were told it couldn't be returned (but I'm sure this is not true, maybe a mix-up?).

She has decided on a new phone (with a better designed keyboard) and they sell it there, so just an exchange as it is the same amount of money per a month.

Contract details:

Bought from Carphone warehouse, through Vodaphone.
Unlimited anytime any network texts, 300 minutes any network and unlimited internet.
Duration: 24 months
Had phone for about 8 days so far.

She has tried once and they said they couldn't exchange it.


Could you please give any advice on some laws perhaps that we could use? Or do we have to just go in there and ask to speak to the manager?

Cheers,

Laurence

[sacko]

How long has she had it? You normally sign yourself up to having 14 days to chop and change phones.

[cupracing]

what tariff, I think only 02 tariffs do a 14 day exchange. otherwise im afraid she is stuck with it unless she sells it on ebay

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{11a18a50-bcb7-11de-e56d-000000000000}

[LaurenceGough]

Sorry forgot to mention, only about 8 days. Thanks for the help :).

[sacko]

Its in the paperwork somewhere, have a read then get back to the shop and dont leave till its swapped :)

[Boggy]

im with vodaphone and im sure its 7 days. but if you say she has already complained then maybe call vodaphone customer services and explain her problem to them.(carphone whorehouse will do what they can to avoid any cost to themselves!!)

vodaphone customer services (just dial 181) are excellent

[Mark_T]

I think that for once Carphone Warehouse may be correct, found this elsewhere regarding Vodaphone :

---------
Over the phone and online you still get the 14 days cooling off period. This hasn't changed.

Our retail stores have changed their returns policy on the 16/3/09.
[LIST][*]The policy for modems and datacards is staying the same[*]There is no longer a 14 day return policy in store for phones[*]If your phone develops a fault we can swap it anytime in the first 28 days from your in store purchase[*]If you find you have no network coverage you can cancel within the first 7 days[/LIST]
---------

Looks like it is going to be a plea for mercy to Vodaphone, but no 'right to change' so try to be humble rather than demanding when she phones.

[Gaza07]

I was told all contracts have by law a 14 day cooling off period you should be able to cancel the contract you have, And then take out a new one for the phone you want,
They dont have to do you a tade but cannot refuse if you cancel

[inferno]

You might want to look at your contract, if you took it out before 1st june you could be in with a chance..

[url=http://www.bitterwallet.com/can-i-cancel-my-vodafone-contract-new-statement-on-new-data-charges-but-theyre-still-wrong/29277]Can I cancel my Vodafone contract? New statement on new data charges, but they’re still wrong | BitterWallet[/url]

Unfortunately other than this it looks like a 7 day cooling off only, id be inclined to return it to the store as 'faulty' as you cant type... what phone was it im assuming its touch screen? With o2 i had a n95 8gb that went 'faulty' 4 times before they changed it to a new model.

Generally when i buy a new fone now its fully tested from day one. If you made the initial complaint within 7 days you should be entitled to swap/opt out. Personally id avoid the shops ad buy online from the service provider.

[Mark_T]

[quote=Gaza07;486558]I was told all contracts have by law a 14 day cooling off period you should be able to cancel the contract you have, And then take out a new one for the phone you want,
They dont have to do you a tade but cannot refuse if you cancel[/quote]

Not true unfortunately.

There are a number of rights you have specifically in respect of financial products (loans, credit cards etc.) and rights you have when people sell to you in your own home or via a distance method such as internet or phone.

However when you walk voluntarily into a place of business and willingly enter into a contract you have very few rights to cancel unless they are actually written into the contract and the few rights you do have pertain mostly to defective goods or non-delivery of services hence the comments about those two points in the quote I posted earlier.

If you just simply decide you don't like the product a week later you are going to have to depend on goodwill to get out ofthe agreement that has been signed.

[glen_j]

if it is painful to use the phone it is not fit for purpose, might be able to take it back on that route possibly

[Mark_T]

First thing to do is just call Vodaphone and see if they will take pity on the phone owner in this case.

We still don't know which phone we are talking about but I'd be amazed if there was any route to resolve this based on 'fitness for purpose' on physical design issues given the testing and approval all handsets go through before launch.

One thing though, I would strongly suggest that the phone is carefully packed away to avoid any accidental scratching or other damage while this is resolved as if it is marked in any way I suspect the possibility of a goodwill gesture is going to be very much reduced.

[LaurenceGough]

Hi guys, just a quick update, they tried phoning Vodafone today and they're not interested as it was bought through Carphone warehouse...

[Mark_T]

[quote=LaurenceGough;486645]Hi guys, just a quick update, they tried phoning Vodafone today and they're not interested as it was bought through Carphone warehouse...[/quote]

Then unless there is a demonstrable fault with the phone I suspect this is the end of the line.

Also a good reminder why buying phones on the high street from a 3rd party is not always a good idea sadly.

These days you have a lot more rights and options when you use a distance method for purchase.

[Mark_T]

Only other route I can think of would be a claim for 'miss-selling'.

If she went in and asked for a specific phone which they sold to her then this does not apply, but if for example she went in and asked for a phone that was 'very easy to type on' and they sell her one that isn't without giving her an opportunity to test it for herself before purchase then she has an outside chance to argue she was miss-sold or the fetures were 'misrepresented'.

Lots of things weight against success including waiting over 7 days before complaining about something that should have been apparent within 24 hours if it really is that bad.

No easy path to go down though really, our actions have consequences and sometimes we need to spend a lot longer thinking about that before we sign the contract ...

Edit: useful page here - [url]http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{c8feeec0-1641-11df-fb6b-f20203001e3d}[/url]

Only hope based on that would be if she actually upgraded from a previous Vodaphone contract. If this was a new contract then no hope at all it would seem unless there is a fault and even then they would probably not let her change to a different model.