Help

[Marin12]

• Hello everyone,

  I recently faced an issue with my phone contract. I wasn’t notified when my phone arrived at the store, and by the time I picked it up, the 14-day return window had passed. Despite visiting the store multiple times and being told to wait for an SMS, I never received one. Now, the store refuses to exchange the phone, citing the expired return period. Has anyone else experienced this? Any advice on how to proceed would be greatly appreciated. Thank you!”

[DanBD1]

In most places the 14 day period starts from when you get the phone, not when they send it out, however this is EE and they seem to do pretty much what they want 

[bristolian]

The 14days statutory "change of mind" right of return comes from consumer law, the 14days starts from when you receive the order.

Was yours an online order with an in-store collection? Or an instore order with pickup later?

[DanBD1]

It doesn't really matter if the store has stated the 14 day return has passed then it's still on the store for not notifying the customer to collect.

Customer hasn't got the phone so 14 days hasn't started yet

[Marin12]

I made an order in the store, with the condition of receiving it there

[bristolian]

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@DanBD1 wrote:

Customer hasn't got the phone so 14 days hasn't started yet

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The OP mentioned "by the time I picked it up" so they have taken receipt.

The nature of the purchase - whether distance-concluded or face-to-face - is material for whether there are any statutory rights under Distance Selling regulations.

There have been a few posters in recent weeks where an in-store purchase (thus without DSR rights) was processed as an online order for instore collection - and thus 14day return policies were available.

[DanBD1]

The OP also mentions he want's to exchange it so it's not really a refund or cancellation either. 

[bristolian]

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@Marin12 wrote:
I made an order in the store, with the condition of receiving it there

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Check your paperwork or documentation - it may have been the same as the other recent posters in a similar situation, and offer a cancellation under "distance selling" change-of-mind rules.

An exchange would normally be processed as a refund/cancellation, re-sale - so if your documentation has the option to cancel, take it. If the phone was ordered as an instore purchase, then there's no statutory right to cancel and you're reliant on the store policy - EE shops don't generally offer refunds on device purchases.

If the store is referring to a 14day policy, it suggests that DSR could be applicable - ultimately, check your paperwork.

[Marin12]

The phone arrived at their store on October 30th, and I picked it up on the 15th. Today marks the 14th day. The store refused to help, saying that I should have been more careful when choosing the phone. But I’ve been an iOS user all my life and can’t work with the chosen Android phone. I would have returned to the store sooner, but I didn’t have time because of work.

[Katie_B]

Hi @Marin12. 

Thanks for coming here. 

Have you been able to speak with the store manager regarding this?

Katie