Consumer Rights - Rolling Contract + Device - Refund Challenge

[Libertas]

Need guidance:

 

Purchased the following three days ago, from a store:

 

http://www.pcworld.co.uk/gbuk/phones-broadband-and-sat-nav/broadband/mobile-broadband/ee-osprey-2-mini-pay-monthly-mobile-wifi-10132535-pdt.html

 

Personal Hotspot Device - £9.99

+

30 day (rolling) data contract (I choose the 32gb tarrif - £28pm).

 

At purchase - I had to put my debit card in the pay machine to pay twice -

 

1st - £9.99 for the device,

 

2nd - for the 30 day rolling data contract validation (£5).

 

I've been using both for the last three days (The device box & the separate data sim were both sealed when we left the store). I opened and used both.

 

I want to return and get a refund for the device + as much as possible for the contract.

 

I have friends that have warned me 'not to trust this high street retailer - and to understand that they 'game' customers to avoid refunds as much as possible'.

 

What are my consumer rights - and how should I approach this to get back as much as possible?

 

My sincere thanks to any and all that help and contribute.

 

Libertas

[dx100uk]

you are within 14days

you can cancel the whole thing.

you don't have to have any reason

 

 

dx

[Libertas]

Really appreciate your response.

 

The device costs only £9.99 - only when taken with a data contract, which I did.

 

The data contract by itself - runs at £28.0 pm (rolling - 30 days notice).

 

Now how would I go about cancelling this whole thing. I walked into Currys, and completed the purchase through their payment system. On the contract (for the data - the provider as listed is EE). do I cancel through Currys - or through EE.

 

For the device - the receipt is a normal currys one. Who would I get the refund from - and when they attempt to test my consumer rights knowledge to deny me the refund - what should my response be?

[dx100uk]

it is within 14days

you cancel [or they do ] the whole thing.

 

 

just make sure they or you do it.

they nor EE can refuse

[Libertas]

Items were purchased instore.

 

Okay - I understand that the data contract can be cancelled - 14 days and all. That's clear cut.

 

Can I ask about the unit - since it was charged separately - just like buying a television instore - what rights cover me to return an unsealed an used unit.

[dx100uk]

exactly the same

[Libertas]

With the data - I have used 4gb of the 32gb allowance - does this change anything?

 

Also - does cancelling a contract affect my credit rating file in any shape or form (that is negative).

[dx100uk]

cant harm your file.

doesn't matter if you've used data either.

as you've paid for what you used...?

[BazzaS]

it is within 14days

you cancel [or they do ] the whole thing.

 

 

just make sure they or you do it.

they nor EE can refuse

 

EE have to offer a 14 day return policy for online / distance sales

http://consumers.ofcom.org.uk/phone/mobile-phones/problems-and-complaints/mobile-faults-guide/

 

EE CHOOSE to offer a 14 day return policy for purchases instore, but stipulate this is for EE stores.

 

http://ee.co.uk/help/accounts-billing-and-topping-up/terms-and-conditions/ee-terms-and-conditions/cancel-returns/retail-returns-policy

 

I'm not sure EE have to offer a 14 day return policy for an EE product bought in a store that isn't an EE store, and I wouldn't expect much support from any DRG store (such as PC World). I bet they refer you to EE, who'll refer you to PC World .......

[Libertas]

EE have to offer a 14 day return policy for online / distance sales

http://consumers.ofcom.org.uk/phone/mobile-phones/problems-and-complaints/mobile-faults-guide/

 

EE CHOOSE to offer a 14 day return policy for purchases instore, but stipulate this is for EE stores.

 

http://ee.co.uk/help/accounts-billing-and-topping-up/terms-and-conditions/ee-terms-and-conditions/cancel-returns/retail-returns-policy

 

I'm not sure EE have to offer a 14 day return policy for an EE product bought in a store that isn't an EE store, and I wouldn't expect much support from any DRG store (such as PC World). I bet they refer you to EE, who'll refer you to PC World .......

 

Here's a question

- DSR

- surely my contract qualifies

- It was not the providers (EE) own shop.

It was through a third party (Currys).

 

Secondly the device is overheating

- and then cutting out service.

 

 

Clearly this means that I got a factory defective unit.

[dx100uk]

DSR is dead

its now the consumer rights act. [CRA]

 

 

dx

[Libertas]

Here's a question

- DSR

- surely my contract qualifies

- It was not the providers (EE) own shop.

It was through a third party (Currys).

 

Secondly the device is overheating

- and then cutting out service.

 

 

Clearly this means that I got a factory defective unit.

 

So my question is - because I purchased an EE plan from Currys - is this then classed as a distance sale?

[Andyorch]

Distance Selling Regulations were replaced with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These apply to sales of goods or services to consumers without face-to-face contact. This includes selling by mail order, through the internet, using digital television, or by telephone, fax or text message.

 

But not applicable in this scenario...you deal with PCW/Currys.

 

Andy