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mobile phone contract cooling off

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  • 26-07-2014 1:15pm
    #1
    Registered Users Posts: 1,778 ✭✭✭


    Hey all, wondering if you could point me in the right direction.

    Mum upgraded her phone & contract in Carphone warehouse (with vodafone) 5 days ago thereby signing up for a new 24 month contract.

    The problem is that she's moving to Spain next month and didn't understand what she was getting herself into.

    Can she get out of this contract as she's in cooling off period of sorts?


Comments

  • Closed Accounts Posts: 5,309 ✭✭✭former legend


    Did she actually buy in store and receive the phone there and then?

    Cooling off period usually only applies to distance selling.


  • Registered Users Posts: 7,593 ✭✭✭theteal


    Check the contract op. It's been over 3 years since I worked in the business but the competitor company I worked for did have a fairly simple and straight forward 14 day cooling off period.

    What former legend refers to above is the distance selling regulations which is a 7 day returns period.


  • Registered Users Posts: 1,778 ✭✭✭sebastianlieken


    thy bought in store so the distance selling act doesn't apply. I just wonder if theres like a general consumer right to change your mind on a 2 year contract after a couple of days. She honestly didnt have a clue what she was signing up for and I feel like her ignorance was taken advantage of.


  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    There is a cooling off period available when you take out a loan or arrange insurance. But that's for financial products, don't know if that applies to this kind of service.


  • Moderators, Technology & Internet Moderators Posts: 7,405 Mod ✭✭✭✭pleasant Co.


    theteal wrote: »
    Check the contract op. It's been over 3 years since I worked in the business but the competitor company I worked for did have a fairly simple and straight forward 14 day cooling off period.

    What former legend refers to above is the distance selling regulations which is a 7 day returns period.

    Just a quick correction on that, it's 14 days (stating from the day of delivery)


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  • Registered Users Posts: 8,249 ✭✭✭Sonics2k


    thy bought in store so the distance selling act doesn't apply. I just wonder if theres like a general consumer right to change your mind on a 2 year contract after a couple of days. She honestly didnt have a clue what she was signing up for and I feel like her ignorance was taken advantage of.

    Depends on the network really. Some networks allow a chance of mind, others don't, but they are under no obligation to provide one.

    She should really get in asap to sort it.


  • Registered Users Posts: 8,034 ✭✭✭mad muffin


    If the box for the phone has been opened and the phone used, then no. If the phone unused, there might be a slight chance.


  • Closed Accounts Posts: 1,532 ✭✭✭delahuntv


    Just a quick correction on that, it's 14 days (stating from the day of delivery)

    correct - changed from June 1st (I think) and applies to goods and services with a few exceptions, howver it applies to online / phone / mail order sales only.

    There is no cooling off period for a contract signed within a store. - Possibly you could contact vodafone and see if the contract can be moved to their spanish arm?


  • Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    If she got it in store she should have been given a copy of the contract. All the info should be in there.


  • Registered Users Posts: 9,624 ✭✭✭wmpdd3


    there was always a cooling of periods of 14 days with a mobile phone contract as it came under the consumer credit act. but it is a long time since I worked in a mobile shop.


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  • Moderators, Technology & Internet Moderators Posts: 7,405 Mod ✭✭✭✭pleasant Co.


    delahuntv wrote: »
    correct - changed from June 1st (I think) and applies to goods and services with a few exceptions, howver it applies to online / phone / mail order sales only.

    Absolutely right, it's for distance selling, as already noted in the discussion :pac:


  • Registered Users Posts: 1,778 ✭✭✭sebastianlieken


    Well she's going in today to see if the vodafone staff will do anything about it. Seeing as they have no obligation to do anything, I highly doubt they will. I'll report back when I hear anything.


  • Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    Well she's going in today to see if the vodafone staff will do anything about it. Seeing as they have no obligation to do anything, I highly doubt they will. I'll report back when I hear anything.

    was she clearly told she was entering a contract? If not she may have a case?


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