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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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Hi I ordered a new xperia Z smart phone from Vodafone it came

Customer Question

Hi I ordered a new xperia Z smart phone from Vodafone it came with a nice new apple ipad mini which I was going to give to my young daughter for Christmas... brilliant deal, or so I thaught... My new phone came yesterday and the phone they sent was a xperia E very old version of the sony with a 3.2 mega pixel camera instead of a 16 mp camera. im very disappointed... OneCom who I got the deal through said they cant do the xperia Z with this offer??? but they quoted me this offer when I rang them 2 days ago..... where do I stand on this ? thank you.. Linda

Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Did you do this deal in store?
Customer: replied 4 years ago.

No I received a text from OneCom saying O2 customers can receive a free ipad when upgrading.. I rang and they said they could do it on the Vodafone network. I had been into carphone wharehouse who quoted 2 pounds dearer for the phone I wanted.

Expert:  Jo C. replied 4 years ago.
I presume that you were with 02 already as this was an upgrade?
Customer: replied 4 years ago.

For Jo c.

Yes I was with O2 but the text I thaught was from O2 was from a third party OneCom saying LAST CHANCE 02 pay Monthly Customers : Upgrade early and receive a FREE APPLE iPAD Limited stock - 1st come 1st served Call Now XXXXXXXXXXX


Expert:  Jo C. replied 4 years ago.

This is an upgrade rather than a new contract so unfortunately the distance selling regulations do not give you an unconditional cooling off period.

If you are saying they offered a particular model and they did not send that model then you could cancel on the basis that the product sent does not match the description. Obviously that will depend on the circumstances agreed. I note that they are saying the conversation was recorded and this particular model wasn't mentioned. I don't know whether thats correct or not but if thats what they are saying and there is a tape to support it then its obviously fairly damaging evidence.

In any event though, its quite unlikely they would sue you if you tried to cancel. What they would do instead is add a default to your credit. There's no guarantee of that but its more likely that a law suit. You can lodge a notice of dispute if they do take that action but its fair to say that these things are very time consuming and you would probably prefer not to deal with it.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

I will send everything back and cancel. the phone is not what I ordered so I think I was mis sold this phone.. Thank you for your help Jo. best regards Linda

Expert:  Jo C. replied 4 years ago.
No problem and all the best.

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