Help needed

T-K-O

Hello,

My mobile phone contract recently expired. I was with the same company for many years but decided this year I would shop around.

I heard about this special offer from a different company. Sign the contract get the phone + a free gift. I went into the shop and enquired about this deal. The assistance explained the plans and I asked about the gift. I was told that once I turn the new phone on and the imei registers, the gift will be sent to my home.

Great, I told the guy I would be back tomorrow. The next day I went to the store and again enquired about the this gift as I was equally excited about that and the new phone. Again I was assured it would be mailed in the post.

About a week later I decided to follow up RE the girt. When I contacted the company I was then informed that this was an online offer only. Despite the fact that I was in the store twice, asked the question twice and I was told by two separate store assistances that everything was good to go.

I have contacted these guys and I await their response, I guess I want to know, what else can I do. In my mind I am entitled to that gift?

Thanks for reading. All advice is greatly appreciated.

P. Breathnach

It sounds, from the way you write it here, that the prospect of a gift was an important element in your decision to buy this package. What sort of gift are we talking about here? Has it some reasonable value, or might it be a "fun" thing?

If it was implied to you that by contracting through the shop you were going to get the gift as part of the deal, then there has been misrepresentation. Either they deliver on the deal as they represented it to you, or you can cancel the contract. I suggest you go back to the shop, ask to see the manager, say that you signed the contract as the result of misrepresentation by his/her staff, and that you now want either to receive your gift or to cancel the contract.

wmpdd3

Go back to the store with the phone and everything that came with it with in 14 days of signing up to the contract.

Bring with you a letter saying you want to cancel your contract within 'the 14 days cooling off period' under the consumer credit act , as you were misled by the stores staff.

They won't be long about getting you a free gift as they will lose out on massively if you get the contract cancelled.

whippet

wmpdd3 wrote: »

Go back to the store with the phone and everything that came with it with in 14 days of signing up to the contract.

Bring with you a letter saying you want to cancel your contract within 'the 14 days cooling off period' under the consumer credit act , as you were misled by the stores staff.

They won't be long about getting you a free gift as they will lose out on massively if you get the contract cancelled.

there is no such thing as a 'cooling off period' when bought in a brick and mortar store. Cooling off periods cover distance selling - online & over the phone.

T-K-O

P. Breathnach wrote: »

It sounds, from the way you write it here, that the prospect of a gift was an important element in your decision to buy this package. What sort of gift are we talking about here? Has it some reasonable value, or might it be a "fun" thing?

If it was implied to you that by contracting through the shop you were going to get the gift as part of the deal, then there has been misrepresentation. Either they deliver on the deal as they represented it to you, or you can cancel the contract. I suggest you go back to the shop, ask to see the manager, say that you signed the contract as the result of misrepresentation by his/her staff, and that you now want either to receive your gift or to cancel the contract.

Absolutely, yes it was.

It was a set of headphones. They are valued at 200/250. I was indifferent about the upgrade as my old phone, an 8 month old iphone was perfectly fine but as I was in the market for new head phones and out of contract this deal was perfect. I distinctly remember asking both assistances on the Friday and Saturday about the deal.

I will go see the manager tomorrow morning. Contact to date has been online but that appears to be going nowhere.

Appreciate the reply, thank you.

P. Breathnach

Maybe I'm stating what to you is obvious: a calm and determined style tends to work better than aggression or ranting.

Make sure that you get one thing clearly on record: that the people with whom you spoke about the deal misrepresented (use that very word, because it's the word the lawyers use) what was included in the contract that you were discussing. It doesn't make a great deal of difference whether they knowingly misled you or made a mistake in what they said.

T-K-O

Oh of course. I guess I created the post for some advice and reassurance.

Misrepresented, I'll remember that...

wmpdd3

Under the Consumer Credit Act 1995 there is a 10 days cooling off period.

http://www.irishstatutebook.ie/1995/en/act/pub/0024/

Cooling-off period.

50.—(1) Subject to subsections (2) and (4), a consumer may withdraw from an agreement within 10 days of receiving it or a copy thereof (“the cooling-off period”) by giving written notice to this effect to the creditor or the owner, as the case may be.

(2) A consumer may forego his right to a cooling-off period in any credit agreement by signing a statement to this effect separately from any other term of the agreement.

(3) A statement by which a consumer forgoes the right to a cooling-off period shall carry in a prominent position:

“WARNING

THIS WAIVER MEANS YOU ARE GIVING UP YOUR RIGHT TO A 10 DAY PERIOD TO RECONSIDER YOUR COMMITMENT TO THE AGREEMENT.”.

(4) This section does not apply to a housing loan or credit availed of by means of a credit card or an overdraft facility offered by a credit institution.

Unless you signed a waiver?

If the customer does cancel their contract the store ends up with a used phone and no commission from the network, they will do anything for you not to cancel.

whippet

wmpdd3 wrote: »

Under the Consumer Credit Act 1995 there is a 10 days cooling off period.

http://www.irishstatutebook.ie/1995/en/act/pub/0024/



Unless you signed a waiver?

If the customer does cancel their contract the store ends up with a used phone and no commission from the network, they will do anything for you not to cancel.

You are quoting wrong leglislation, this is from the consumer credit act

According to the statute this only applies to consumer credit ... A mobile phone contract isn't consumer credit

Cooling off periods for distance selling is coverd under section six of this statute
http://www.irishstatutebook.ie/2001/en/si/0207.html

In the OP's case neither apply

T-K-O

Update;

I went to store and the same guy was there. According to him I am entitled to the headphones as I bought the phone within the time frame. I have to contact Sony on Monday and he will do the same.

Hopefully this is one simple phone call and Im not getting the run around.

MOH

If this was the free headphones with the Xperia Z, I think it was advertised on their website as being an online only offer. But obviously if you were told differently in store, it's their problem, they should either supply the headphones or cancel the contract.

theteal

whippet wrote: »

there is no such thing as a 'cooling off period' when bought in a brick and mortar store. Cooling off periods cover distance selling - online & over the phone.

unless things have changed considerably in the last 2 years since I have left the business, this info is incorrect. all the networks had contract cooling periods when bought in store and the only one that provided difficulty when trying to avail of it were three who had/have strict terms associated with theirs - they'll only cancel if you have completely zero coverage and they stringently verify this.

in the OP's case, its a simple case of the item being mis-sold, return it if the offer deal is not fulfilled

whippet

theteal wrote: »

unless things have changed considerably in the last 2 years since I have left the business, this info is incorrect. all the networks had contract cooling periods when bought in store and the only one that provided difficulty when trying to avail of it were three who had/have strict terms associated with theirs - they'll only cancel if you have completely zero coverage and they stringently verify this.

in the OP's case, its a simple case of the item being mis-sold, return it if the offer deal is not fulfilled

the mobile operators can put what ever terms they like in to the contract (as long as they are legal) however, there isn't a law on a cooling off periods for mobile phone contracts.

RangeR

whippet wrote: »

the mobile operators can put what ever terms they like in to the contract (as long as they are legal...)

...and fair. Of course they can put exceptionally unfair terms in the contract. It doesn't mean that they will stand in a court of law.

T-K-O

Update:

Sony honoured the original deal. As I later found out this was an online offer only. I felt sorry for the guy in the Meteor store, he knew he messed. Im sure he was as grateful to Sony as I am.