Change of Mind Period - O2 Contract

Jorus

Hi,

I have been with O2 for years and i was due an upgrade a while ago. I decided to get an iphone a couple of weeks ago - so I did.
The phone is not very good - fine is you use it for the internet & games but as a phone its useless (loads of things you cant do.)
I do not know if it is related to the iphone but i have been getting headaches since I've been using it too (i prob use the phone too much but never had headaches before )

I called O2 customer care on Saturday and the lady i was speaking with said that i am still in the change of mind period (14 days on that day) and that I can bring the phone back on Sunday, but because my local O2 shop wasnt open on Sunday, they said i could bring it back on Monday.(she put this on my account that this was appoved)

This was great, finished work early on Monday, gathered all the iphone stuff together, some things still in plastic as hadnt used it - and when i brought it to the store they said that i cant return it cause there is no change of mind on the iphone.
I was furious - I would not have signed a contract for 18 months if i taught i did not have the change of mind period. This was never mentioned to me when i bought it - (actually i was not even given a contract or shown terms and condition, just asked to sign a application form type paper)

What are my rights on this - because I was told that I could return it - do they have to uphold that promise?

Any advice would be great.

Thanks

Rob_l

Jorus wrote: »

Hi,

I have been with O2 for years and i was due an upgrade a while ago. I decided to get an iphone a couple of weeks ago - so I did.
The phone is not very good - fine is you use it for the internet & games but as a phone its useless (loads of things you cant do.)
I do not know if it is related to the iphone but i have been getting headaches since I've been using it too (i prob use the phone too much but never had headaches before )

I called O2 customer care on Saturday and the lady i was speaking with said that i am still in the change of mind period (14 days on that day) and that I can bring the phone back on Sunday, but because my local O2 shop wasnt open on Sunday, they said i could bring it back on Monday.(she put this on my account that this was appoved)

This was great, finished work early on Monday, gathered all the iphone stuff together, some things still in plastic as hadnt used it - and when i brought it to the store they said that i cant return it cause there is no change of mind on the iphone.
I was furious - I would not have signed a contract for 18 months if i taught i did not have the change of mind period. This was never mentioned to me when i bought it - (actually i was not even given a contract or shown terms and condition, just asked to sign a application form type paper)

What are my rights on this - because I was told that I could return it - do they have to uphold that promise?

Any advice would be great.

Thanks

Eh the forms they gave you to sign would be your contract I reckon as a first rule you should read them

Chardee MacDennis

Jorus wrote: »

What are my rights on this

you have none, no retailer is required to take anything back from you unless it breaches the sale of goods and supply of services act.

you have no legal right to return it just because you dont like it, i suggest you do some research next time before shelling out ~200 euro on something...

Jorus

Rob_l wrote: »

Eh the forms they gave you to sign would be your contract I reckon as a first rule you should read them

Rob, I was not given a contract to sign - I was given a photocopied piece of paper that had NO terms and conditions attached to it - just details of my name, address etc. I would think there should have been terms and conditions attached to it - and looking back on it I should have asked for them - but is it not the retailers repsonsiblity also to make the terms and conditions available to the consumer or let them know where they can get them?

Yes i prob made a mistake not asking about eveything - but I was told by an O2 employee that i can bring the phone back and this is in writing on my account! and now they are trying to say that i cant. Surley - they cannot tell you one thing and then backtrack on it.

Chardee MacDennis

Jorus wrote: »

Rob, I was not given a contract to sign - I was given a photocopied piece of paper that had NO terms and conditions attached to it - just details of my name, address etc. I would think there should have been terms and conditions attached to it - and looking back on it I should have asked for them - but is it not the retailers repsonsiblity also to make the terms and conditions available to the consumer or let them know where they can get them?

Yes i prob made a mistake not asking about eveything - but I was told by an O2 employee that i can bring the phone back and this is in writing on my account! and now they are trying to say that i cant. Surley - they cannot tell you one thing and then backtrack on it.

i dont think they have to do it even if they told you they could. 1 you cant prove they told you that and 2 even if you could they would just say whoever told you that was obviously mistaken and it is not their policy. the only way they will allow you to bring it back is through goodwill but considering they are then left with a secondhand phone that they cant resell or return to apple you will find it very unlikely.

why dont you sell it and use the money from it to buy a new phone?

Jorus

Yes - i can prove that they told me that - it is written on my account that i was told i could bring it back.
But if they can ignore that and now say that what i was told was a mistake then that doesnt leave me with many options

It is an 18 month contract, even if i sold the iphone to buy a new phone then i would have to buy out the contract which is way too expensive.
Tempted now to just leave O2 and my number and move to Vodafone or 3.

Chinese Mafia

By doing that and porting to another network you are still buying out of your contract. If you do sell your iPhone and buy another just change your price plan.

Jorus

Chinese Mafia wrote: »

By doing that and porting to another network you are still buying out of your contract. If you do sell your iPhone and buy another just change your price plan.

I am not too sure what you mean by 'just change your price plan'

The iphone tariff is seperate to other price plans and therefore i do not think i can just change to another price plan, unfortunately

trellheim

sounds to me like whoever sold them the iphone didn't want to lose the commission.

Donkey Kong

not sure if it helps, but you could force them to release what they have recorded on your account using the freedom of information act. might need a legal letter, but it would piss them off... that way it must be recorded your approval to return the iphone.
fu(k em. 14 day return should have been permissible.

Random

Ring O2 Retail Customer Care (be nice!) and explain your situation (1850 923030) and see if they can do anything for you. Who knows, you might be able to come to an agreement if you go about it the right way.

If you don't want to ring then email customer.first@o2.com.

Chinese Mafia

What I meant was buy another phone as you don't like the iphone. If you don't have an iPhone you don't have to be on that tariff

Jorus

Chinese Mafia wrote: »

What I meant was buy another phone as you don't like the iphone. If you don't have an iPhone you don't have to be on that tariff

Hi,
The whole point of it is that i have an 18month contract for the iphone tariff because i have an iphone that they will not accept back (as mentioned above)
To go out and just buy another phone wouldnt be practical at all as I would still be paying for the iphone tariff !!

I really do not know where you are coming from with the statement 'if you dont have an iphone - you dont have to be on that tariff' in this situation ?????

chrislad

I had a similar issue with 3. By using the service at all, you agree to the terms and conditions. There's no real change of mind. There is a cooling off period, but this is normally waived by signing it away, and is probably in the terms. Just because you didn't see them doesn't mean that you didn't agree to them. When you sign for a bank loan, you sign away your cooling off period, or wait for 14 days before they give you the money. As far as I know, the only exception for a phone is to cancel within 14 days for coverage reasons, as that's not something you can test in store.

Chinese Mafia

Jorus wrote: »

Hi,
The whole point of it is that i have an 18month contract for the iphone tariff because i have an iphone that they will not accept back (as mentioned above)
To go out and just buy another phone wouldnt be practical at all as I would still be paying for the iphone tariff !!

I really do not know where you are coming from with the statement 'if you dont have an iphone - you dont have to be on that tariff' in this situation ?????

Sorry I am not being clear. If you ring customer care with the IMEI of another phone that you purchased sim free for example (as there is now way they will take back the iPhone because you don't like it) They will change it to the registered phone on your account and if this phone was not an iPhone you can choose to change the iPhone tariff to another, your contract lenght will be the same but your tariff will be different. Hope this is clearer.

Jorus

Managed to get out of O2 contract!!!

Rang customer service and told them I was moving to a known black-spot and they confirmed that they had no intention of providing service to this area in the near future and therfore were unable to hold me to my contract.

I was let out of contract and moved to Pay-As-You-Go but can keep I-Phone and am now free to move networks or join O2 Clear tariff.

Handy option for anybody who has signed contract but is unhappy.

BostonB

Apparently you can transfer phone and contract to another person either.

Ah-Watch

Jorus wrote: »

Managed to get out of O2 contract!!!

Rang customer service and told them I was moving to a known black-spot and they confirmed that they had no intention of providing service to this area in the near future and therfore were unable to hold me to my contract.

I was let out of contract and moved to Pay-As-You-Go but can keep I-Phone and am now free to move networks or join O2 Clear tariff.

Handy option for anybody who has signed contract but is unhappy.

Did they not charge you a termination fee? Delighted you got out of contract:)