Can a shop do this legally?

Vegetarian

Vegetarian

Vegetarian

Soldato
Joined
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My mum today got a new nokia 5800 on orange from carphone warehouse high street shop - she made a mistake as all her friends use vodaphone to call her using free favourate numbers.

She phoned Carphone warehouse to see if she could not have this contract and told her she could not end the contract as there was no cooling off period!

What? she got it today and an hour later after relising mistake theres no return - the phone is not even used. Shes nearly 70.
 
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Just had a look on their website and it seems that her T's & C's should be something they gave her and she'll have to see what they say. I changed a vodafone unit after using it for 13 days with Phones 4 U.

EDIT: Might be better off in the mobiles section of the forum.
 
Just looked this up dont know how accurate it is, " Contracts are, by definition, legally binding, therefore it’s difficult to cancel without financial penalty unless you can prove breach of contract. In many situations however, such as buying goods from shops, you are able to cancel the contract and get your money back. But unless the goods are faulty, this is not an automatic right, and you must refer to the individual shop or supplier’s returns policy."
 
There are cooling off periods for distance sales, but for a store sale it's probably at the store's discretion.

Buyer beware and all that.
 
I'm sure there is a cooling off period for phone networks as they can not garuntee network coverage or some such, even though that point is rather antiquated now days.
 
AFAIK yes they can do this, they dont HAVE to let her return it, why should they?

As said, distance selling thing only applies if its non-instore.
 
djmc0 said:
I'm sure there is a cooling off period for phone networks as they can not garuntee network coverage or some such, even though that point is rather antiquated now days.
Click to expand...

Really, I can think of plenty of places where my Vodafone 3G+ mobile broadband thingy doesn't work or can only get a 2G connection. About 75% of the places I try to use it, for example.

Sadly it's a work one, so I don't get a choice about whether the contract is cancelled or not.
 
Carphone are stating no returns full stop - I phoned orange and they told me yes there are returns - 14 days. But as we got it from CPW we need to speak to them - any tips to get out of this contract?
 
There is no right of return just because you change your mind. It's unlikely you can get out of the contract now it's underway.
 
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