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Cancel Pre-order upgrade @ in store Carphone Warehouse

Anonymous
Not applicable

Hi!

 

New here! So I upgraded on Saturday but the upgrade was a pre-oreder. Can I cancel the upgrade altogether?

 

Thanks!

Message 1 of 35
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Beenherebefore
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@Anonymous wrote:
This is what they quote http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{11a18a50-bcb7-11de-e56d-000000000000}

But that is not stated in the contractual Terms & Conditions that apply to O2 upgrades.

"My life is a facsimile of a sham"
Message 21 of 35
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Anonymous
Not applicable
They quote this in regard to that point:

10.1 Unless we’ve said otherwise and if you purchased your
Service directly from us (rather than one of our distributors),
you can cancel this Service Agreement before the end of
the 14 day Change-Your-Mind Period from the day after you
receive your SIM Card. This is in addition to any statutory
rights you may have. It applies as long as you give us notice
within this period either by returning your SIM Card to any
O2 shop or by calling customer service. Check our Website,
ask in an O2 shop or call customer service for details of our
Change-Your-Mind Period.

Carphone Warehouse does not count as directly from O2. The manager did agree that was ambiguous, but still would not cancel the contract
Message 22 of 35
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MI5
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I'd be going to CAB next for advice.
I have no affiliation whatsoever with O2 or any subsidiary companies. Comments posted are entirely of my own opinion. This is not Customer Service so we are unable to help with account specific issues.
Please select the post that helped you best and mark as the solution. This helps other members in resolving their issues faster. Thank you.
Message 23 of 35
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Cleoriff
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@Anonymous wrote:
Thanks Cleoriff! I did quote that and they said it didn't apply for O2 upgrades.

No what I meant was...go for the change of mind. ie get the phone... take it back...change your mind. You have 14 days to do this. It would save you all this hassle and arguing with people from CPW who aren't interested in helping you....

Veritas Numquam Perit

Girl in a jacket
Message 24 of 35
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Beenherebefore
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@MI5 wrote:
I'd be going to CAB next for advice.

And/or Trading Standards.....O2 upgrade contract T&Cs appear to be flawed and possibly contravene Unfair Contract Terms legislation.

"My life is a facsimile of a sham"
Message 25 of 35
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PhoneDoc
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Charimito wrote:

Hi!

 

New here! So I upgraded on Saturday but the upgrade was a pre-oreder. Can I cancel the upgrade altogether?

 

Thanks!


Did you place the pre-order on Saturday or collect the pre-order on Saturday?

 

If you signed a contract, do you have a copy of it? Those will be the T&Cs that you need to look at, rather than any that may appear eslewhere. 

 

 

Message 26 of 35
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Anonymous
Not applicable


I pre-ordered on Saturday.


10.1 Unless we’ve said otherwise and if you purchased your
Service directly from us (rather than one of our distributors),
you can cancel this Service Agreement before the end of
the 14 day Change-Your-Mind Period from the day after you
receive your SIM Card. This is in addition to any statutory
rights you may have. It applies as long as you give us notice
within this period either by returning your SIM Card to any
O2 shop or by calling customer service. Check our Website,
ask in an O2 shop or call customer service for details of our
Change-Your-Mind Period.

this is what they quote which is ambiguous regarding purchases at CPW
Message 27 of 35
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PhoneDoc
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@Anonymous wrote:


I pre-ordered on Saturday.


10.1 Unless we’ve said otherwise and if you purchased your
Service directly from us (rather than one of our distributors),
you can cancel this Service Agreement before the end of
the 14 day Change-Your-Mind Period from the day after you
receive your SIM Card. This is in addition to any statutory
rights you may have. It applies as long as you give us notice
within this period either by returning your SIM Card to any
O2 shop or by calling customer service. Check our Website,
ask in an O2 shop or call customer service for details of our
Change-Your-Mind Period.

this is what they quote which is ambiguous regarding purchases at CPW

That's copy and pasted from O2's own terms and conditions for customers who purchase a contract directly through O2. It can be found here also http://www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement .

Essentially, it's saying 'this is what to do to tell us at O2 that you want to terminate your contract'. It's also implying that O2 themselves may not be able to intervene in situations where you take your contract out through other supplies, such as CPW, Ariel etc.

What it's not implying is that you don't have a 14 cancellation right with an O2 contract. In fact it specifically states "This is in addition to any statutory rights you may have".

If a CPW staff member implied this as tacid proof that you have no right to cancel your contract, I would be vary weary of dealing with that store again and would instead speak to their customer service team. But you will need to have a look at the T&Cs in the exact contract that you signed.

Message 28 of 35
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Anonymous
Not applicable
So I called CAB and Trading Standards... apparently an upgrade is not considered a new contract so it is completely legal to not have a cooling down period. However because it is a pre-order, the contract hasn't technically started yet so that's my get out clause.
Message 29 of 35
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Beenherebefore
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@Anonymous wrote:
So I called CAB and Trading Standards... apparently an upgrade is not considered a new contract so it is completely legal to not have a cooling down period. However because it is a pre-order, the contract hasn't technically started yet so that's my get out clause.

All the more reason to get rid of that stupid description which the mobile phone industry have adopted to describe the procedure for a customer to obtain a new phone.

 

 
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"My life is a facsimile of a sham"
Message 30 of 35
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