disstance selling law?

[Ploppy1999]

hi

i bought a phone online but then got offered a better deal its still within 7 days but i have used the phone, (sent an email and downloaded an app) can i still send it back and cancel?

[ojread2]

No
It is now used. You haven't changed your mind, you just found a better deal.

[ChuckFickens]

You'll need to provide more info...

Was a a contract phone, or a PAYG phone, and if it was contract was it an upgrade to an existing contract or a totally new contract.

[Ploppy1999]

it was bought from a mobile phone website £20 per month for my wife as her handset is broken. Its the same company as hers so i thought i would just cancel her current contract and have her number swiched over to the new one but for some bizzar reason they can't do that it has to goto a differnet supplier before coming back!! anyway they guy on phone said her could match my offer and give me extra texts all i have to do is send the phone back as i'm still within 7 days i told him i've used it but he said that doesn't matter the phone is still perfectly resellable. I'm now sitting here with the matched offer (i haven't taken it out of the box) and my orginal i only want one and i don't want to end up paying for 2 phones!!

[ojread2]

So, you have both phones in your possession and they are form the same company?

If you have been told to send the older one back, do so, by a signed for method of postage.

[Ploppy1999]

no not from same company one from website one from t-mobile direct but both phones are on t-mobile network

[ojread2]

So the guy on the phone is with the original phone, yes?
They are the ones who can match it - if so, why did you not just do that?

[Ploppy1999]

the guy on the phone was t-mobile he said he could match the deal i got from the website and told me to send the website phone back but i've used it and he said thats fine your still within your 7 days so he has sent me the better deal however the website won't take the phone back because ive used it so who is telling the truth do i have 7 days grace regardless if i've used it?

[fadeout73]

What website did you buy the phone from?

Have you read the terms & conditions on that site as there may be a bit that says, for example, "if you find a better deal and the phone is unused within seven days you may return it"

[factor-fiction]

Hindsight is a wonderful thing I know, but I think it would have been safer to check that the first company would take it back before you agreed to take the second company's phone.

[tonywiltshire]

As you are aware the Consumer protection act (distance selling) regulations provide, in addition to your other rights, a cooling off period of 7 days, which usually starts from the day after the goods were received. The object of this cooling off period is that you did not have an opportunity to inspect the goods or ask the questions you may have done in a face-to-face sale, so you have 7 days in which to cancel the contract.

By using the goods though you have accepted them and if they are not faulty you are now in a difficult situation, I would keep the original phone and send the matched offer back. You could try to claim you were advised you could use the phone and still return it, though as this was a telephone discussion it may be denied.

[ojread2]

glad you made some sense of that Tony
So back to my original answer, which is no .....

[tonywiltshire]

Yes, ojread2, the answer isno.

[IggyB]

see the relevant section of the consumer protection (distance selling) regs here
http://www.legislatio...34/regulation/11/made

Refer to the contact information you will have signed / agreed to with the company regarding returning the handset, they will def include information about this. I would say that even though you have used the phone you may be unsatisfied with it (don't mention the other offer) and wish to return it - you don't have long though!