[Shep_Cobain]

Hi guys,

Last Tuesday i phoned DialaPhone and got an N95 8GB on an 02 contract.

600mins & 500txts for £31 a month - Phone is free.

I got the phone yesterday as i have just got back from Holiday. As i opened up the Royal Mail Special Delivery bag the N95 8GB box had a seal on it from DialaPhone. The seal was already broken and i took a photo (what good it will do i dont know?).

My little Problem:

I still have an 02 Simplicity sim card contract with 02. I phoned them yesterday to cancel it and as expected they asked why etc. I explained about DialaPhone offering me this deal and i went with them as the girl from 02 was rude to me when i asked about the N95 8GB (it was out of stock and she was treating me like i was a kid).

So the guy at 02 whom i spoke to offered me the N95 8GB free of charge with 600mins and unlimited txts with a free Bolt on of my choice. (i would choose the unlimited web browsing one).

They told me that i should phone DialaPhone as i should have 14days to return my phone and cancel my contract if i want.

So.... i got all my DialaPhone gear together.... Phone, manuals etc. I then read that DialaPhone only do returns within 7 working days and if the seal on the box hasnt been broken and the Phone hasnt been switched on.

Soooooooo...... As above.... the seal was broken on the box when i got the phone, the phone has been turned on but.... it looks brand new and not a mark on it as i have used it once. Ive made one 10 second phone call to test the phone.

So... what are my chances sending it back and canceling my contract? I dont want to phone them and mess up by saying the wrong thing and ruining my chances of canceling.

Please help ASAP as i need to send the phone off tomorrow by the latest.

[Crocodile]

Regardless of their T&Cs, you are entitled to return within 7 days under Distance Selling Regulations. DSR allows for you to inspect the goods which would obviously involve opening the box.

You also have the option of returning the item as used as the seal was already broken.

I believe that all mobile operators are obliged to give 14 days cooling off within which you can cancel without penalty.

I would recommend speaking to Consumer Direct as one approach may be better than the other.