Dialaphone- no coverage, cancelling contract?

[tracemcd]

Hey everyone, just wanted some advice. I had ordered a Nokia N95 from Dialaphone last week which I received very promptly. I had always previously been with O2 but the deal with Orange was so good I decided to take it. On receiving the phone, I opened it, sim card in and charged it however have virtually NO COVERAGE at all in my house which means I can't make or receive calls etc etc.

I have tried to contact them re- cancelling and have noticed it says you can cancel within 7 days (am still well within that limit) providing it is in an unused condition. Obviously my phone has been used, does this mean I'm stuck with a contract I can't use? Can't speak with anyone, now worried I'll be forking out money every month for something I can't use if they refuse to accept it back.

If anyone can help I'd really appreciate it!!

Thank you, Trace :?

[gyzmo]

I would suggest that you are stuck with it. Firstly, it would be regarded as being up to you to ensure that network coverage is available. Secondly, once a service has started, you generally cannot cancel it unless it is provided for. You may have an argument in terms of the requirement for the phone to be "unused" - that goes against Distance selling regs. All the can do is ask that reasonable care be taken of the item but I think here you are on shallow ground.

 

The only other way I can see is to determine whether or not the seller has complied with the Distance selling regs - poviding all the required info within agreed timescales etc. If so you could cancel.