Want to cancel a 3 day old phone contract

tall.gooner · 14-02-2009, 3:33 PM

but have been informed that once the seal on the phone box is broke then you can no longer cancel your contract. The contract was arranged online. Is this legal under the Distance Selling Act??

*insomniak123* · 14-02-2009, 3:36 PM

distance selling act allows for the goods to be in a 'reasonable state' when they are returned, I would interpret this to mean that you are allowed to open the box!

most operators allow a 'cooling off period' too, ask about this if they deny the existence of a DSA

mjcairney · 14-02-2009, 4:15 PM

Have a read at this.

Cheers,

Martin.

p.s. It says Christmas Consumer Rights at the top, but don't worry about that.

tall.gooner · 14-02-2009, 5:16 PM

thanks for the quick replies

Sy1441 · 15-02-2009, 8:14 AM

You can return but I think 3 only take returns if the box is still sealed.

bigdavecox90 · 15-02-2009, 9:28 AM

What network is it?

Certain networks, ie: O2, have 14 day return policies, so you can change your mind.

tall.gooner · 15-02-2009, 11:03 AM

Quote:

Originally Posted by bigdavecox90

What network is it?

Certain networks, ie: O2, have 14 day return policies, so you can change your mind.

the contract is with vodafone, arranged through mobile phones direct.

mjcairney · 15-02-2009, 11:58 AM

Quote:

Originally Posted by Sy1441

You can return but I think 3 only take returns if the box is still sealed.

The deal was arranged on-line and therefore the Distance Selling Rules (DSRs) apply. 3 can try to con you into believing they only take returns if the box is still sealed but, believe me, they're subject to the same law as everyone else.

Cheers,

Martin.

prking · 16-02-2009, 11:08 AM

Quote:

Originally Posted by mjcairney

The deal was arranged on-line and therefore the Distance Selling Rules (DSRs) apply. 3 can try to con you into believing they only take returns if the box is still sealed but, believe me, they're subject to the same law as everyone else.

Cheers,

Martin.

Just to clarify, under the Distance Selling Regulation (for a service under contract) the cancellation period ends when the service is started. The contract will stipulate what constitutes the service starting. So if you agree to a contract which says that the service starts when the box is unsealed then you cannot return under the regulation. (This also applies if you are informed in writing) See The Office of Fair Trading: Exceptions to the regulations

(I don't know what the Three contract says)