Going back on an upgrade

Reoil

Hi Folks,
Could you clear something up for me please?
I was on a pay monthly account, long out of the 12 month contract period.

I upgraded to the iPhone 3GS on Monday 22nd June. The iPhone was terrible. The battery was bad, (would last 8 hours max), calls and wifi kept dropping.
So I bought the iPhone back, and wanted to return to my Blackberry.

Can I just walk away from this and go back to what I was on?
The back of the contract states:

"If you find that your phone or other goods do not meet your needs you can return them once for a replacement within 14 days of purchase provided the goods are returned undamaged, complete & with proof or purchase. Alternatively you may return your handset & cancel your airtime contract during the Change Your Mind Period, though you must pay for any usage you have made..."

The girl in the shop said that I could only switch to a different phone and tried to get me to buy a new Blackberry - even though I had a perfectly working Blackberry Bold in my hand!
I just want to go back to paying monthly, and still be out of my contract period.

Cheers!

parka

Can't answer your question, (I would assume there is some 7 / 14 day option to change your mind on a contract) but I'm interested in why you felt the Blackberry was better, trying to decide on an iphone or a BB at the moment.

Penrose

If the BB was better and your still within the cooling off period you can go back, if you have reqested a swap back before and its now past the period you can still claim it back but you may need to write a letter to the manager of the store.

Reoil

The 14-day cooling off period ends on Monday coming (6th July).
When I returned the iPhone, I was unsure as to my rights, so while in the store, I swapped the iPhone for a free phone (still opened and sealed) until I was in a better position to argue my point. Which is what I'm trying to learn now.

drunkmonkey

You've complicated it by taking an exchange phone for the iphone you should have just done a straight forward return, I think o2 allow 7days in which to return your upgrade, your outside of that time now, call o2 direct and explain the situation and see will they allow you to return the second phone you got. I don't think the store will let you without o2's permission.

Random

I think it's 7 days cool off on your upgrade contract too. Ring o2 and ask (usually states on the t&c page that you should get with the upgrade form).

Davy

Just to clear something up, the change of mind period is 7 days. The 14 day period only applies when porting in from another network.

krudler

Reoil wrote: »

The 14-day cooling off period ends on Monday coming (6th July).
When I returned the iPhone, I was unsure as to my rights, so while in the store, I swapped the iPhone for a free phone (still opened and sealed) until I was in a better position to argue my point. Which is what I'm trying to learn now.

you should have just gotten them to refund the iphone and revoke the upgrade, one call to customer care would have sorted that out,and its 7 days for a return period not 14

Reoil

Just an update.

O2 and my local O2 store both agreed that I was entitled to hand back the phone and walk away, going back to what I was on before. The shop that I bought the phone from (my local didn't have any 32GBs) still insisted that I couldn't and wouldn't allow me to turn it. They simply had a "computer says no" attitude.

Anyhow, the staff at my local O2 were fantastic. They said, if you have any problems at the other store come back to us and we'll see what we can do. So I did and they got everything sorted for me. As a result, I will remain a customer of O2. If the other store had got their way, once my contract was up, I would never be an O2 customer again.

Moral of the story: Don't tell little girls reading computer screens tell you what you can and cannot do.

CantGetNoSleep

Do you still have the blackberry? Why don't you just sell the new iphone on ebay?

Reoil

I have the Blackberry, yes.
I didn't sell the iPhone because I don't want to be locked into an 18-month contact. So I gave it back. I'd like to be able to upgrade to the next Blackberry that takes my fancy.

Blue_Wolf

She just didn't want to cancel the contract and lose a sale. As you have stated you can cancel within 14 days.

Reoil wrote: »

The girl in the shop said that I could only switch to a different phone and tried to get me to buy a new Blackberry - even though I had a perfectly working Blackberry Bold in my hand!
I just want to go back to paying monthly, and still be out of my contract period.

Cheers!

Blue_Wolf

Law states that one has a 14 day cooling off period when signing into a contract. Doesn't matter if the company offers 7, you are entitled to your 14.

krudler wrote: »

you should have just gotten them to refund the iphone and revoke the upgrade, one call to customer care would have sorted that out,and its 7 days for a return period not 14

drunkmonkey

Different rules on an upgrade, it's 7 days, new contract is 14 days

Blue_Wolf

Contract is a contract regardless of upgrade or ftc, one is signing into a 12month contract and by law you have 14 days cooling off period

drunkmonkey wrote: »

Different rules on an upgrade, it's 7 days, new contract is 14 days

drunkmonkey

would you mind telling o2 that, as far as i'm aware it's the same with all contract upgrades..

quote o2
If you are unhappy with the phone or accessory you purchased and provided you haven't used it, you can return it to O2 for a full refund. This should be done within 7 working days of receipt of the phone. Proof of purchase will be required.

120_Minutes

where was this "other store"?

Blue_Wolf

You can say the same about the repair mallarky having to send away 3 times with same fault even though the orginal repair is meant to be permanent.
Doesn't matter if I say this to O2, they take it case by case. They not going to change their whole policy. But they will make an exception for those who know what they are entitled to.