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Can i cancel contract after 1 day?

  • 28-01-2011 10:44PM
    #1
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭


    I went into contract with meteor today. Bought a HTC desire HD for 230 and now i found out that they were giving the Desire away for free on the same tariff.
    Is it too late for me or can i go back in and cancel the whole contract seeing as i only did it yesterday. I still want to stay with meteor just want to change the phone?
    The box is opened and the phone is used but in perfect condition.


Comments

  • #2
    Bluefoam
    Registered Users, Registered Users 2 Posts: 7,699 ✭✭✭Bluefoam


    Not sure, but is imagine the answer is no. why didn't you look at the prices before spending €230?


  • #3
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Bluefoam wrote: »
    Not sure, but is imagine the answer is no. why didn't you look at the prices before spending €230?

    Didnt know. I only saw the offer on bargain alerts now that they are giving away Free desires on my package. Im pissed off the people in the shop didnt inform me.


  • #4
    AlmightyCushion
    Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,165 Mod ✭✭✭✭AlmightyCushion


    I think you get a 7 or 14 day cooling off period with any contract. Probably best asking in consumer issues forum instead of here though.


  • #5
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Just want to say I don't want to cancel the contract. I'd rather return the phone with a refund and get the desire


  • #6
    Bluefoam
    Registered Users, Registered Users 2 Posts: 7,699 ✭✭✭Bluefoam


    Hogzy wrote: »
    Just want to say I don't want to cancel the contract. I'd rather return the phone with a refund and get the desire

    but its second hand now


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  • #7
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭Scotty #


    AlmightyCushion wrote: »
    I think you get a 7 or 14 day cooling off period with any contract. Probably best asking in consumer issues forum instead of here though.

    It's 7 days and only applies to 'distance selling'. Ie. over the phone, internet, or mail order.


  • #8
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭Scotty #


    Hogzy wrote: »
    Just want to say I don't want to cancel the contract. I'd rather return the phone with a refund and get the desire
    Read your contract. There may be a cancellation period.


  • #9
    kenyard
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭kenyard


    generally there is a cancellation period on all contracts i thought...irregardless of what they say.
    check the consumer section as someone above said for someone with more insight


  • #10
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭Scotty #


    From the Consumer Association website...
    "If you have a genuine complaint about faulty goods, you can ignore shop notices such as 'No Refunds' or 'No Exchanges'. Such notices cannot take away any of your statutory rights under the Sale of Goods Act see Retailers' responses.

    You have no rights under the Sale of Goods Act if you simply change your mind about wanting the goods. You also have no rights if faults are due to misuse of the product after purchase, or if faults should have been seen on examination or were pointed out at the time of purchase.    "

    The Phone and the Contract are two different products. The OP does not want to cancel the contract... he want's to return the phone for a refund because he see's it cheaper somewhere else now. I doubt very much Meteor (or any other business) would offer a refund.

    His only hope is that it's the same company offering it cheaper.... if he complains load enough they may give in.


  • #11
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Scotty # wrote: »
    From the Consumer Association website...



    The Phone and the Contract are two different products. The OP does not want to cancel the contract... he want's to return the phone for a refund because he see's it cheaper somewhere else now. I doubt very much Meteor (or any other business) would offer a refund.

    His only hope is that it's the same company offering it cheaper.... if he complains load enough they may give in.

    It is the same company offering it cheaper. They are doing a special offer.


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  • #12
    Creamy Goodness
    Registered Users, Registered Users 2 Posts: 26,584 ✭✭✭✭Creamy Goodness


    Hogzy wrote: »
    It is the same company offering it cheaper. They are doing a special offer.
    still, the phone isn't faulty or damaged which are the only two cases in which you'd be entitled to a refund.


  • #13
    AlmightyCushion
    Moderators, Education Moderators, Technology & Internet Moderators Posts: 35,165 Mod ✭✭✭✭AlmightyCushion


    Scotty # wrote: »
    It's 7 days and only applies to 'distance selling'. Ie. over the phone, internet, or mail order.

    I could have sworn it applied to contracts as well.


  • #14
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭Scotty #


    It might... but I doubt it. I know there is a cooling off period for bank loans but I think they are 'special'.

    Regardless... it's the phone sale he wants to cancel, not the contract. Two separate purchases. You can't buy something one day and simply bring it back for a refund the next day.

    The only case he has is that it;s the same company and it was 'unethical' of them to sell him something that they were offering for free (as long as they were in fact the same package!?!).

    If meteor offer him a refund it will out of good will... they are not obliged to do so.


  • #15
    Squeeonline
    Registered Users, Registered Users 2 Posts: 2,580 ✭✭✭Squeeonline


    I'd keep the HD. I'd almost swap my SGS for the HD. It's unlocked.


  • #16
    Hogzy
    Registered Users, Registered Users 2 Posts: 7,544 ✭✭✭Hogzy


    Squeeonline wrote: »
    I'd keep the HD. I'd almost swap my SGS for the HD. It's unlocked.

    Desire HD cost me €230
    Regular Desire would have been free.
    The Desire HD is much better than the Desire but not €230 more.

    lol im in the process of selling my iPhone 4 so i defo dont want a 3gs ;)


  • #17
    Scotty #
    Registered Users, Registered Users 2 Posts: 3,782 ✭✭✭Scotty #


    Wait a second.... you said it was the SAME phone!

    HTC Desire and HTC Desire HD are DIFFERENT phones.

    So now you've tried out the top of the range model you don't think it's worth €230 so want to get your money back and get the older freebie model.

    On your bike sunshine! :D

    EDIT: Sorry you didn't actually say it was the same phone. My point still stands though


  • #18
    PaulPinnacle
    Registered Users, Registered Users 2 Posts: 447 ✭✭PaulPinnacle


    Hogzy wrote: »
    Im pissed off the people in the shop didnt inform me.
    Playing devils advocate for a moment, if you bought the phone in an 'official' meteor store, there's a good chance that the staff didn't know of the offer either. The offer was only available through the 'authorised' stores, not the official ones.


  • #19
    cojomo2
    Registered Users, Registered Users 2 Posts: 3,220 ✭✭✭cojomo2


    Hogzy,

    As others have said, there is a cooling off period on all contracts, but not the purchase of the phone. However, if u cancel the contract ,they will want the phone back(which you will be refunded for ),considering its worth a lot more than you paid for it. You can then start again and get the desire .

    There may be some clause that states you can only utilize the cooling off period if the phone is unopened ..and even if there is, doesn't mean its legal, so you may have to check that.

    By the way, ive had the desire,now have hd,id never go back ,allthough i can see the temptation..imagine all the bargain beer you could buy!


  • #20
    seanybiker
    Closed Accounts Posts: 10,898 ✭✭✭✭seanybiker


    A young one I was riding there a while back got the iPhone even after I told her she wouldn't like it. She texted me banging on how much she hated the iPhone so a day or two later she went into the Vodafone shop and demanded a different phone. She got the desire. Now she is happy with the phone.


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