[Ben]

Should we have the right to change our minds?

When we take out a new mobile contract a lot of us rely on the 14 day return period offered (by most networks/stores?) to take our new device for a test-drive. If it's not what we want then we can simply return it.

Do you think the consumer should have this much power? Should we be more responsible in our decisions, taking more care to ensure we pick the right product in the first place, and take the pressure off the retailer? Perhaps it'd result in better prices for us all?

What about distance selling regulations - should we be able to return things we have ordered?

[Hands0n]

The "Distance Selling Regulations" are put in place to protect us from industries that cannot and refuse to police themselves. Such legislation would be unnecessary in a fair trading environment, but sadly we find that corps and businesses behave in a manner that is to the detriment of the buyer.

It is not so much as being in the position to "take a test drive" but where distance selling is concerned we can only rely on the description offered to us. We are unable to lay our hands on the device until it is actually with us. And so, in that respect we need the protection of those laws.

So, "yes", the 14 day try out is entirely fair, despite any protestations against from those businesses that are in it entirely for themselves. If you really have that much doubt in the product/service you are supplying then perhaps you should not really be in the business.

[Ginz]

I think the 14 day try out is definitely a good thing. It's a long term contractual commitment to be sticking with a phone for 18 months and if you are not getting on with it then you are within your rights to return it.

I felt bad when I took my 6680 back over the Summer but it wasn't working with BT and in the end I just lost patience and didn't get a replacement. I was frowned upon for wanting to return the phone but it was the right thing to do.

If you buy something online most places ala Amazon give you 28 days to return something which I too think is great and it makes me choose Amazon over somewhere else because they have a good returns policy in place.

[getti]

I am 50/50 about it. On the good point if you get something and its not what you thought then you can get your money back without much problem.

However there are times when you should not be able to. I will be the 1st to admit i use the 14 day rule more than most people in the past because it was there and i could then get something else. Now although that was my right to do that as it was in their terms and conditions, i did start to feel bad because it will loose them money and then will get problems from management.

Tough one really

[crowfield99]

When I got my contract from Orange they said with the Nokia N70 about 3 weeks ago now, when I rang to register and activate. We are unable to offer a 14 day return on this? are you SURE you want to be bound as we cannot accept them back? Of course I was happy and said yes. But I wonder why they dont offer it on the Nokia N70?

[Ben]

That's bizzare and... not even legal AFAIK if it's a new contract. Upgrades are different, though.

[3GScottishUser]

They have to if you buy on-line or by phone - it's the law. They are governed by 'Distance Selling Regualtions" which is a statutory right for customers.

This legislation covers all goods bought outwith stores and personal visits to houses etc. It is not dependent on the make or model of what you buy. It could be Nokia phones or Nan Bread - same rules!

You are also covered by the Consumer Credit Act which affords you a cooling off period when you sign an agreement outwith a traders peremises..... so they seem to have been chancing their arm to say the least (probably the CSA was poorly trained)!

A trip to your local trading standards office will confirm the above.

(PS - The above does not apply to upgarde of existing contracts).

[maxspank]

I voted no, but I think in terms of ordering online, or ordering by phone, you should have the right to cancel for whatever reason because the smple fact is you don't know exactly what you're getting, sure you can read the specifications and see pictures but you don't know for sure that you're gonna like it, or if it is going to suit your needs until you get the phone and be able to touch, feel, and look through it.

When taking out a contract in-store I don't think this right should apply. The customer has a chance to read the contract and take a look at the phone before they sign.

Customers should also be forecfully made to sit and read their contracts, so that they understand what they are getting into, which so many people don't!

[solo12002]

" Should we be more responsible in our decisions, taking more care to ensure we pick the right product in the first place, and take the pressure off the retailer? "

But what if the retailer has mislaid you or given bad advice? Most dont offer a product because its the best one for you, most do it due to the cash they get from the networks, one only has to look what happend when networks cut the back handed cash back the companies push other networks.

I bet if I went into a store looking a mobile phone explainiong my family were all on X network and would therefore call them more than I would call anyone else /network, I bet you I would be sold a mobile on another network due to the large numbers of x net mins solely cos the deler is getting a bigger sum from the other network.

Plus im sure while there are good sales staff who know their stuff and call charges etc, loads more dont. If the sales staff dont know and the charges are dam confusing at the best of times, how do we ot they expect the uses to know.

One only has to look at vodafone STP does it apply to all plans , or just some does it apply to all of the PAY plans of just some. Look at Three is it a limit on top ups, or not a limit and to make it even more confusing we pay.Go futher phone some of the CS on the networks and they dont know at the best of times.

[Hands0n]

Just to digress for a moment....

Voda's STC (Stop The Clock) applies to 18 month contracts only and their Smartplus PAYT plan (there are only two PAYT plans). So I would contend that Voda's STC offer is not at all ambiguous - given that the operation times are also well documented. Other networks are not as clear, and the height of obscurity and leading the pack in hard to understand has to be Three's WePay.

The mobile operators are making it [perhaps increasingly] less transparent and more difficult for both the customer and the sales staff to comprehend. Mistakes, that will cost the customer always, will occur and lead to disenchantment with the network operator and/or the shop.

Trading laws took a good step with the Sales of Goods act, also the Distance Selling Regulations - these would not have come about if more honest and fair trading had been practised.

There are Government guidelines, if not laws, on Contract Terms - mostly relating to the concept of Fairness. Language in contracts has been tackled but not sufficiently to make them entirely comprehensible - and a lot more work needs to be done in that area. There are not many people who can sit through an entire MNO contract. There are not many MNO contracts that are entirely joined up at the seams - additions and deletions over the years can lead to contrary or misleading terms. At least they dont print them in grey faded ink on the back of pink paper (the Customer copy) forms anymore! It always amused me how they all used the same colour paper and ink for the Customer copy - until told to stop it by the Gov (DTI iirc).

The right to a change of mind when purchasing has to be maintained as the inalienable right of the Consumer.