14 Day cooling off period, does it apply here?

Bassboxxx

Hi,

My mother bought a phone on a two year contract in the last week.
She told me about her plan, and her understanding of it didn't sound right. She told me it was unlimited calls, texts and data for €25. I checked the plan and it turned out it was 100 mins call or two hundred text..or any combo of the two, which isn't enough for her.

We tried to bring it back today as my understanding was that a 14 day cooling off period applied to contract's like this. I was told the 14 days only applies to problems with coverage.

Does the cooling off period apply?
What other options do I have?

I'm not trying to be difficult and the guy in the shops was really helpful, I just want to know what I can expect here.

Thanks.

former total

It sounds like you signed up in-store?

Cooling off only applies to distance sales.

Bassboxxx

Yeah, she did.
Is there any case for a refund on the basis she was sold a plan that doesn't suit and wasn't explained correctly?
The assistant emailed a superior to see if they would cancel on good faith but that's probably a long shot.

njs030

You could ask but if she knows it's €25 p/m and the documents say the unlimited plan is €40
p/m she wasn't missold unless you can prove assistant told her otherwise and wouldn't let her look around the shop or at any literature.

It sounds more like she was told a few options and misunderstood, it's up to the customer to decide what suits but maybe change her to the slightly more expensive unlimited plan?

davo10

Op, first look at the contract your mum agreed to. If it has a cooling off period then she should have no issue. But, if she agreed to a contract with the T&c's you describe, then it is caveat emptor, buyer beware.

Distance selling (Internet) has a cooling off period but when you buy in a shop, consumer rights are different.

drunkmonkey

Well she has unlimited calls to o2 and 3 that's over 2 million people. Unless your mum is a very heavy talker on her mobile she's probably get away with it, if not you can always bump her up to €40 or €55pm.
If she hits planet 3 on her phone she can see exactly how many minutes she's left.

stronglikebull

former total wrote: »

It sounds like you signed up in-store?

Cooling off only applies to distance sales.

This is incorrect. Cooling off and distance selling rules are two separate things. A cooling off period of 14 days applies to all contracts (with some exceptions) from the date the contract starts.

The right to change your mind
The “cooling off” or right to cancel period is 14 days from the date the contract started. You do not have to give any reason as to why you are cancelling but bear in mind you may have to pay for the cost of returning any items to the seller. If you cancel the service, the trader by law has to refund you within 14 days. The refund also includes any cost of delivery that you may have had to pay.
Some service are not covered by this cooling-off period, for example, hotel bookings, car rental and travel tickets are specifically excluded. Services that have already begun, with the consumer’s agreement, before the end of the 14-working day period are also excluded.

If the service is to be excluded from the cooling off period, the shop will have to prove that your mother agreed to this. Check your documentation. If no proof can be shown, then she can cancel this contract if she so wishes, only having to pay for the period that she has used the service.



Distance selling rules also have a cooling off period, but this is separate, but may be in addition to, the contract cooling off period.

njs030

stronglikebull wrote: »

This is incorrect. Cooling off and distance selling rules are two separate things. A cooling off period of 14 days applies to all contracts (with some exceptions) from the date the contract starts.




If the service is to be excluded from the cooling off period, the shop will have to prove that your mother agreed to this. Check your documentation. If no proof can be shown, then she can cancel this contract if she so wishes, only having to pay for the period that she has used the service.



Distance selling rules also have a cooling off period, but this is separate, but may be in addition to, the contract cooling off period.

In the last line of the link you quoted it says services that have already begun are excluded- clearly the mother agreed to it by using the phone.

Melendez

This post has been deleted.

ytpe2r5bxkn0c1

stronglikebull wrote: »

This is incorrect. Cooling off and distance selling rules are two separate things. A cooling off period of 14 days applies to all contracts (with some exceptions) from the date the contract starts.




If the service is to be excluded from the cooling off period, the shop will have to prove that your mother agreed to this. Check your documentation. If no proof can be shown, then she can cancel this contract if she so wishes, only having to pay for the period that she has used the service.



Distance selling rules also have a cooling off period, but this is separate, but may be in addition to, the contract cooling off period.

You should have included the heading to that piece you quoted... 'Signing up to a service online'.

Bassboxxx

Thanks for all the feedback.

I made the argument that my mother didn't understand what the package included. It was miss sold in the sense that it wasn't explained what she was getting rather than being told she was getting something she wasn't.

The lad in shop said he would ask his manager could they cancel on good faith. she got the call today and they did cancel the contract. Not sure if it was good faith or she was entitled to it, either was happy days.

VincePP

Bassboxxx wrote: »

Thanks for all the feedback.

I made the argument that my mother didn't understand what the package included. It was miss sold in the sense that it wasn't explained what she was getting rather than being told she was getting something she wasn't.

The lad in shop said he would ask his manager could they cancel on good faith. she got the call today and they did cancel the contract. Not sure if it was good faith or she was entitled to it, either was happy days.

Looks like you went in, you were pleasant, you explained without treaths that other people use. The person in the shop listened, understood the situation and becasue they liked you and because you approached it well, they decided to cancel the contract out of goodwill.

it shows how when someone is pleasant when they have an issue that a store will go that extra mile.

dudara

@Melendez - I've deleted your post as it was adding nothing to the discussion.

Posters - please stay civil

dudara