Mobile phone.

[TexasTom]

I recently signed up for a new mobile contract with 3, on reflection I decided that it wasn't I wanted to so I returned the phone etc., in order to take advantage of the 14 day money back offer. However, I was told that because I hadn't got the original box that the phone came in I was not entitled to now cancel the contract despite the fact that it was never pointed out to me that the phone should be in the original box if I wanted to return it. The box was nothing special as it was a re-furbished phone. I have been told by 3 that they cannot take the phone back because they would need the box in order to then sell the phone to another customer. I have been told however that by law they would have to completely repackage the phone anyway before they could re-sell it? Is this in fact true as it would mean both that they were lying to me, which is not very ethical, and it would rather negate their argument too.

[Law Student]

No. They can sell anything they like, in any condition, with or without packaging, as long as it is safe, of reasonable quality, and matches the description.

However, you can't force then to take the phone back unless there's something wrong with it.

[gina32]

i think you will find if you look at your contract that is says it must be in original packaging

[Oneeyedvic]

Under statutory rights, as Law Student suggests, you cannot return the goods unless it is not of merchantable quality.

They have given you extra rights (14 day exchange) - to take advantage of these extra rights, you may have to do certain things (like keep the original packaging)