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Eircom -14 day cooling off period (but only if you don't use the phone -small print)

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  • 14-11-2015 4:35pm
    #1
    Closed Accounts Posts: 1,184 ✭✭✭


    Hi realised that the phone, as part of a bundle was an utter disaster, but having being told that I had a '14 day cooling off period', I wasn't too concerned.

    However when I contacted them, apparently it is in the terms and conditions, that 'one must not have used' the phone. I accept that it's my mistake but I feels it's misleading to the point of being 'false selling'. An 'opt-out' clause ' so long as you don't use the phone', make's no sense to me.

    To add insult to injury the handset has never been able to receive incoming calls, something that wasn't obvious in the first few day's, and it has taken them 3 months, yes 3 months to respond to my 'claim'.

    Eircom are guilty of deplorable customer service here, clearly not concerned about their client's, only money.

    I'm wondering whether there is any other options open to me ?.

    This was part of a 'landline, mobile, internet bundle'

    Am deeply scarred from this Eircom experience

    S :(


Comments

  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Where is this stated in Eir's terms and conditions? I see nothing to that effect in their General Terms and Conditions.

    If you wish I can transfer your thread to the Talk To.. Eir forum to discuss with an official rep from Eir.


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    slimjimmc wrote: »
    Where is this stated in Eir's terms and conditions? I see nothing to that effect in their General Terms and Conditions.

    If you wish I can transfer your thread to the Talk To.. Eir forum to discuss with an official rep from Eir.

    Thanks Jim, I would appreciate that, they say that I was told this verbally, over the phone ? they say ? Is this as valid as a written contract ? either way it appears like an attempt to trick people, '14 day's cooling off' (but only so long as you don't use the handset, just leave it in it's box and it's ok to decide within 2 week's that you don't like it)

    And on top of all that the phone doesn't even work... Like I said they may think they are being smart, but long term I have the power to switch...and expose their 'trickery', it's certainly been sold in a deeply misleading way.


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    The cooling off period is to allow time for you to digest your decision without sales pressure. It's not designed for a change of mind because you don't like the phone. It's quite reasonable that the terms include that the phone is unused.
    But try the Talk to..and the Rep may be able to sort something for you.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    If they say you were told this over the phone then request a copy of this call recording so this can be proved,


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Moved from Consumer Issues at OP request


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  • Registered Users Posts: 71 ✭✭Doorcase


    Hi..I cancelled within my 14 day period and I Def use phone...here's my story why I cancelled. A sales agent from eir came to my house in a eir van and asked did I want better broadband for no extra cost..I invited him in to my house. He offered to match my current deal with Vodafone which was 54 euro per month. He asked to look at my bill and I showed him..he then said he would remove UK calls and give me a deal for 52 which was better.this was all mobile calls and landlines to 32 counties. He also said it would be 30 for first 3 months. My son and son in law where there as well and heard him so it was not just me mishearing him. I signed up and he left. My son looked at the piece of paper he left 5 mins after he left. It stated 62 euro per month after first 3 months. This "man" came into my house and lied straight to my face just to get a sale. With it being near the end of the year I'm thinking he has targets and clearly lied to get this sale....remember two witnesses who were there.sorry for ghe long post ut this is just incredible. ..thank god I'm free from eircom now...if I was given free secure for he rest of my life I would not go back


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    I am still waiting for a response, 3 day's on. I am going to contact Comreg and let them investigate this. It is certainly misleading sale's practice

    As well as the fact that the phone in question does not even work.


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    Spirogyra wrote: »
    I am still waiting for a response, 3 day's on. I am going to contact Comreg and let them investigate this. It is certainly misleading sale's practice

    As well as the fact that the phone in question does not even work.

    You need to raise an official complaint with Eir and getca reference number first.


  • Closed Accounts Posts: 1,305 ✭✭✭eir: Alan


    Spirogyra wrote: »
    slimjimmc wrote: »
    Where is this stated in Eir's terms and conditions? I see nothing to that effect in their General Terms and Conditions.

    If you wish I can transfer your thread to the Talk To.. Eir forum to discuss with an official rep from Eir.

    Thanks Jim, I would appreciate that, they say that I was told this verbally, over the phone ? they say ? Is this as valid as a written contract ? either way it appears like an attempt to trick people, '14 day's cooling off' (but only so long as you don't use the handset, just leave it in it's box and it's ok to decide within 2 week's that you don't like it)

    And on top of all that the phone doesn't even work... Like I said they may think they are being smart, but long term I have the power to switch...and expose their 'trickery', it's certainly been sold in a deeply misleading way.
    Hi Spirogyra

    Please follow here for Terms and conditions:


    https://www.eir.ie/opencms/export/sites/default/.content/pdf/terms/TCsForTelephoneService_V3.pd

    More specifically:



    2. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any telecommunications service provided by eircom, shall be deemed to constitute an acceptance of this Agreement. This Agreement shall be deemed to commence on the date the service has been first provided and the services will continue unless and until terminated pursuant to this Agreement.

    Ultimately I will be unable to assist with cancellation queries as such cases must go through eir cancellations (free phone 1800303600)

    Thanks
    Al


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    eir: Alan wrote: »
    Spirogyra wrote: »
    slimjimmc wrote: »
    Where is this stated in Eir's terms and conditions? I see nothing to that effect in their General Terms and Conditions.

    If you wish I can transfer your thread to the Talk To.. Eir forum to discuss with an official rep from Eir.

    Thanks Jim, I would appreciate that, they say that I was told this verbally, over the phone ? they say ? Is this as valid as a written contract ? either way it appears like an attempt to trick people, '14 day's cooling off' (but only so long as you don't use the handset, just leave it in it's box and it's ok to decide within 2 week's that you don't like it)

    And on top of all that the phone doesn't even work... Like I said they may think they are being smart, but long term I have the power to switch...and expose their 'trickery', it's certainly been sold in a deeply misleading way.
    Hi Spirogyra

    Please follow here for Terms and conditions:


    https://www.eir.ie/opencms/export/sites/default/.content/pdf/terms/TCsForTelephoneService_V3.pd

    More specifically:



    2. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any telecommunications service provided by eircom, shall be deemed to constitute an acceptance of this Agreement. This Agreement shall be deemed to commence on the date the service has been first provided and the services will continue unless and until terminated pursuant to this Agreement.

    Ultimately I will be unable to assist with cancellation queries as such cases must go through eir cancellations (free phone 1800303600)

    Thanks
    Al
    I was tricked by Eircom and the phone doesn't even work. Was denied access to transcripts of the conversation by one of your representatives. So you have the audacity to bill me for a phone which doesn't even work ?. Shame on Eircom.


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  • Closed Accounts Posts: 1,305 ✭✭✭eir: Alan


    Spirogyra wrote: »
    eir: Alan wrote: »
    Spirogyra wrote: »
    slimjimmc wrote: »
    Where is this stated in Eir's terms and conditions? I see nothing to that effect in their General Terms and Conditions.

    If you wish I can transfer your thread to the Talk To.. Eir forum to discuss with an official rep from Eir.

    Thanks Jim, I would appreciate that, they say that I was told this verbally, over the phone ? they say ? Is this as valid as a written contract ? either way it appears like an attempt to trick people, '14 day's cooling off' (but only so long as you don't use the handset, just leave it in it's box and it's ok to decide within 2 week's that you don't like it)

    And on top of all that the phone doesn't even work... Like I said they may think they are being smart, but long term I have the power to switch...and expose their 'trickery', it's certainly been sold in a deeply misleading way.
    Hi Spirogyra

    Please follow here for Terms and conditions:


    https://www.eir.ie/opencms/export/sites/default/.content/pdf/terms/TCsForTelephoneService_V3.pd

    More specifically:



    2. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any telecommunications service provided by eircom, shall be deemed to constitute an acceptance of this Agreement. This Agreement shall be deemed to commence on the date the service has been first provided and the services will continue unless and until terminated pursuant to this Agreement.

    Ultimately I will be unable to assist with cancellation queries as such cases must go through eir cancellations (free phone 1800303600)

    Thanks
    Al
    I was tricked by Eircom and the phone doesn't even work. Was denied access to transcripts of the conversation by one of your representatives. So you have the audacity to bill me for a phone which doesn't even work ?. Shame on Eircom.
    Hi Spirogyra

    For eirs official position on this you will need to contact eir cancellations on free phone 1800303600 however You are entitles to contact the relevant regulating authority if you feel your consumer rights are in breach.

    Al


  • Closed Accounts Posts: 1,184 ✭✭✭Spirogyra


    eir: Alan wrote: »
    Spirogyra wrote: »
    eir: Alan wrote: »
    Spirogyra wrote: »
    slimjimmc wrote: »
    Where is this stated in Eir's terms and conditions? I see nothing to that effect in their General Terms and Conditions.

    If you wish I can transfer your thread to the Talk To.. Eir forum to discuss with an official rep from Eir.

    Thanks Jim, I would appreciate that, they say that I was told this verbally, over the phone ? they say ? Is this as valid as a written contract ? either way it appears like an attempt to trick people, '14 day's cooling off' (but only so long as you don't use the handset, just leave it in it's box and it's ok to decide within 2 week's that you don't like it)

    And on top of all that the phone doesn't even work... Like I said they may think they are being smart, but long term I have the power to switch...and expose their 'trickery', it's certainly been sold in a deeply misleading way.
    Hi Spirogyra

    Please follow here for Terms and conditions:


    https://www.eir.ie/opencms/export/sites/default/.content/pdf/terms/TCsForTelephoneService_V3.pd

    More specifically:



    2. Use by the Customer or by another person (whether or not such a person is acting with the authority of the Customer) of any telecommunications service provided by eircom, shall be deemed to constitute an acceptance of this Agreement. This Agreement shall be deemed to commence on the date the service has been first provided and the services will continue unless and until terminated pursuant to this Agreement.

    Ultimately I will be unable to assist with cancellation queries as such cases must go through eir cancellations (free phone 1800303600)

    Thanks
    Al
    I was tricked by Eircom and the phone doesn't even work. Was denied access to transcripts of the conversation by one of your representatives. So you have the audacity to bill me for a phone which doesn't even work ?. Shame on Eircom.
    Hi Spirogyra

    For eirs official position on this you will need to contact eir cancellations on free phone 1800303600 however You are entitles to contact the relevant regulating authority if you feel your consumer rights are in breach.

    Al
    I will certainly do so. And the public need to be aware of how Eircom operates. Regardless of the outcome, customers have the right to move, eventually, you don't seem to realise this.


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