14 Day Change of Mind

[Timc1]

I bought a phone in store, but they didnt have a display or stock to look at so ordered one am I right in thinking I can still return as they didnt have displays to handle look at. The welcome email also mentions 14 day change of mind.

Thanks

[bristolian]

Unfortunately for you, you're incorrect. The statutory 14days "change of mind" right of return applies to distance-sales, on the basis that you are unable to physically inspect the purchased goods before delivery.

Thus online, internet & telephone-based sales are covered by the regulations, but in-store retail shop purchases are not.

[Timc1]

I wasn't able to inspect as they didn't have the phone on display or stock of that is my point...

[bristolian]

I totally get you, but...

The statutory "change of mind" right of return is contained within the Consumer Protections (Distance Selling) Regulations 2000 - which require the contract to be concluded at distance. A retail store is not "distance, it is in-person.

Thus for a retail store purchase to be covered by any right of return requires that store to have a separate policy allowing "no fault" returns (which EE shops generally don't have), or for the agreement to be a finance one.

To illustrate further - "click & collect" purchases are covered by the distance selling regulations despite the goods being physically collected, because the transaction was concluded online. In your case, in law at least, you appear to have the exact opposite scenario.

Out of interest, what was your basis for purchasing without inspection? And what's the reason for wanting to return the goods?

[Timc1]

Ok to explain fully, I did order originally online but something went wrong with the order and handset was returned to EE, So I went in to store to try and find out what had happened and they said it had been cancelled but they could try and do it again instore and I had it delivered to store as a click and collect the next day so Does that mean I am covered? I got it for my son as he had seen it on youtube and the day I collected it from the store he had a bad motorcycle accident and has been in hospital for a week and has had surgery to put his hand back together... It is an Honor magic v3 folding phone and is unlikely that he will be able to use it, It is still in the box although seal broken to look at it but not used and sim not activated.

[bristolian]

I would recommend you pursue a 2-track approach

1: Seek independent legal advice from Citizens Advice or some other legally-qualified body. I've explained my understanding above, but I am not a solicitor.

2: Contact the store and see if they're willing to cancel the order themselves. If they decline, your next action would depend on the outcome of point 1.

[Timc1]

Thank you I appreciate your feedback, I will go in to the store and have a chat before I do anything else.... This was attached to my order confirmation email with DPD tracking details as well

The legal stuff

Cancellation info
If you’ve bought equipment and/or entered into a service agreement for telephone services as a consumer, you’ll have the right to cancel your purchase under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. You’ll have 14 days from the day after you, or a person authorised by you, receives your equipment to tell us that you’ve changed your mind. If you have entered into a service agreement without any equipment, you’ll have 14 days from the day after the date of your agreement. You can cancel your agreement with us by downloading, completing and sending to us our contract withdrawal form. 

[bristolian]

I stand corrected on which legislation applies - those regulations have superceded the Consumer Protections Regulations by a "wrap-up" method. The principle is identical, the title not.

In law at least, those regulations confirm... (https://assets.publishing.service.gov.uk/media/5a817b92ed915d74e33fe73a/bis-13-1368-consumer-contrac... )

You may find success by invoking the 14day "change of mind" in your confirmartion email and seeing if the desired aim is achieved. And learn from experience either way!

[Timc1]

Many Thanks, Will let you know.

[Timc1]

Returned to store with no problem at all....

Many Thanks.