topic Re: New upgrade, not enough GBs, can I return or swap..? in Archived Posts

New upgrade, not enough GBs, can I return or swap..?

rosscom64 — Mon, 16 Aug 2021 18:48:22 GMT

Hi Everyone. I upgraded my phone/contract 7 days ago for a newer phone. I’m not the most tech savvy person so asked the helpful gent in my local ee store for a newer iPhone similar to my current one (which was an iPhone 7, 128gb storage, black, etc.).

I've literally just realised tonight that I only have 64gb and there’s not enough space on the phone to fit all my apps, photos, etc.

In short, can I swap it for a phone with more storage? I just automatically assumed, when leaving the store, that I had a like-for-like newer phone!

Any help or further info would be most appreciated!

Ross

Re: New upgrade, not enough GBs, can I return or swap..?

EssexBoyEE — Mon, 16 Aug 2021 19:15:13 GMT

You have a 14 day Cooling off period, so am sure EE will gladly upgrade you within this time

Re: New upgrade, not enough GBs, can I return or swap..?

XRaySpeX — Mon, 16 Aug 2021 19:15:49 GMT

@rosscom64 : No, as you ordered in-store you have no "change-of-mind" right of return. You had the opportunity to handle the goods, see its spec & ask Qs at the time.

Had you ordered by phone or online you would always have a cooling-off period up to 14 days after delivery to cancel your order FoC.

Re: New upgrade, not enough GBs, can I return or swap..?

EssexBoyEE — Mon, 16 Aug 2021 19:38:31 GMT

Must admit I didn't read all of the Post and didn't absorb the Store bit.

So technically @XRaySpeX is correct as it's not covered under the Distant Selling Rules, having said that anything outside of the Rules may be under the Store Managers discretion, so there is no harm in going back to the Store and trying, after all your offering to part with more money, you never know.

Re: New upgrade, not enough GBs, can I return or swap..?

mikeliuk — Mon, 16 Aug 2021 20:13:42 GMT

Hi @rosscom64 ,

Did you trade in your old phone? If not, the below from the website may apply and you should be able to hold the service provider to the commitment given on the website as customers will make decisions relying on information given on the website (it doesn't matter whether or not you saw it in advance).

It is for you to judge whether you made it sufficiently clear that you wanted the replacement phone to be similar to your old phone, and whether the helpful gentleman was incompetent in failing to determine the capacity of your old phone, quoting a phone unsuitable for the requirements you quoted, and failed to draw your attention to an important aspect that you could have corrected had that important detail been drawn to your attention.

You've said you left the store thinking you had a like-for-like new phone and one would certainly expect an upgrade to have equal or more storage than an old phone. I certainly have never deliberately bought a new mobile with less capacity than an old mobile. Generally speaking, no person buys a new upgraded product expecting it to be worse in some key manner unless they stated up front that they wanted that sort of down-sizing.

It's for you to judge whether you've been misled in any way on that account and to look up the appropriate online advice and take a strategy which you see fit to obtain redress. https://www.which.co.uk/consumer-rights/advice/how-to-complain-if-you-ve-been-misled-by-your-mobile-provider-aeqYE7T24FkK

In particular, you need to decide whether the mobile phone supplied to you was the mobile which was described to you as similar to your old phone on this key aspect, and fit for purpose according to the requirements as you described them. My person feeling is that you have started this thread because you do not feel the phone is fit for purpose as an upgrade, and it wasn't as described at the point you walked out expecting like-for-like. Good luck!

Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
As described The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl

Can I change my mind once I’ve upgraded?

Yes, you can cancel your upgrade unless you've traded in your device.

If you want to cancel your upgrade:

call our Channel Returns team on 0800 079 0103 within 14 days
(opening hours are Monday to Friday, 9am - 5pm)

https://ee.co.uk/help/help-new/getting-started-and-upgrading/how-to-join-or-upgrade/when-can-i-upgrade-my-phone

Re: New upgrade, not enough GBs, can I return or swap..?

rosscom64 — Wed, 18 Aug 2021 08:30:42 GMT

Hi everyone. Thanks for your responses above.

I went back into the shop yesterday and the staff member was great. Understanding and cancelled my new contract so that I can commence another with a phone with more storage. Takes a few days to sort, but all good!

rossco

Re: New upgrade, not enough GBs, can I return or swap..?

Leanne_T — Wed, 18 Aug 2021 08:32:26 GMT

Thanks for coming back and letting us know @rosscom64

Have a lovely day 🙂

Leanne.