Car Phone Warehouse won't cancel or take back my upgrade mob

[Anonymous]

I've upgraded my mobile 7 day ago and I wasn't happy with the phone so I took it back to Car Phone Warehouse and they are telling me its not returnable they can't take it back, even though it was only 6 days into the contract. They told me to see the manager the following day which I did only to find when I turn up the manager wasn't there. They kept telling me come back tomorrow. I spoken with O2 and I was told it can be return and cancel within 14 days but according to car phone warehouse they can't. What do I do because I don't want the phone. Furthermore I wasn't been told they won't return it on the day of purchase.

[Anonymous]

What a predicament you find yourself in...
I'm not sure whether Carphone Warehouse have a return policy but according to their website...
http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view()=c{11a18a50-bcb7-11de-e56d-000000000...

[Anonymous]

I Know.. I went on there site and according to the site they don't. What I'm saying they should have told me up front. They will have to take it back or else I'm taking legal actions.
If o2 can tell me they should take it then why is car phone warehouse telling something else. I agree that every one got different policy but its very important for them to let people know.

[Anonymous]

Such are the perils of chasing a 'better deal' by buying from retailers, rather than directly from the network ( who will take it back). It's no good calling o2 to sort it out when you didn't buy it from them. Contracts are sold on the basis that you went in and asked for it, therefore you will be keeping it, unless faulty.
Caveat emptor

[sheepdog]

I Know.. I went on there site and according to the site they don't. What I'm saying they should have told me up front. They will have to take it back or else I'm taking legal actions.
If o2 can tell me they should take it then why is car phone warehouse telling something else. I agree that every one got different policy but its very important for them to let people know.

Legal action would be a wasted effort on your part. Under UK law, if you buy off the high street you have had a chance to examine the goods so effectively, unless faulty, you cannot reject it because you don't like it. Appealing to the store manager may help but they are under no obligation to do so.
Under the DSA - distance selling act - ie over the phone or internet, then you have 7 days to inform the retailer you are rejecting it. This is because you are 'buying blind' and are given the opportunity to examine the item.
O2 direct do have the 14 day happiness guarantee by either method, but buying through a third party has a different set of terms. Which is more of the 3rd party issue to inform the customer of a returns policy.

There is momentum from OFCOM to allow a return if there are signal issues. However in your case, this is not enforceable as you already have an existing contract.
If the handset is faulty then the retailer is obliged to fix it BUT it does not mean they will replace it with a different model. They are allowed to examine and repair it. Now o2 have a 3 time repair then offer a similarly spec model, what CPW offer may be different which the T+C's should state. Again, the store should make this clear to all customers and more so, customers should be asking these type of questions before committing to a contract.

[Anonymous]

What handset is it and what don't you like about it?

[Anonymous]

Personally, I'd go and stand in the store during their busy periods and have a very LOUD conversation about it with the store staff, ensuring all other shoppers can hear the conversation... refuse to leave the store until you get what you want.
Do this as many days in a row as it takes until they cave in...
Alternatively, get a sandwich board which reads "CPW WILL NOT ALLOW YOU TO RETURN YOUR PHONE IF YOU DONT LIKE IT" and stand outside
*N.B. Don't blame me if you end up with a visit from the plod and are removed from the store.