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What is your specific question in relation to consumer law? Please also provide some more details
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Many thanks for your patience. A consumer’s rights in this situation are determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
In terms of cancellation rights, these are as follows:
· Contracts entered off the trader’s premises or at a distance – 14 days after the day the goods came into the physical possession of the consumer (for goods)
The main condition is that you must have returned the gods in the same condition you received them in, unless you had to open the packaging to satisfy yourself with the item or some of its features in order to ensure it is suitable.
If the main issue as its size, then you could have been expected to open the box to check that but you would still be expected to return it in it. Whilst they may not necessarily be able to reject the return, they could withhold some of the purchase amount to make up for the fact that the box is missing and the value of the phone will be reduced.
Does this answer your query?
this is to do with a purchase contract, I did not mean a phone contract, so yes it is very much a contract
It does not really matter what they initially told you, you have legal rights which you and they can rely on and in this case, as mentioned, they can still accept the return but not necessarily issue a full refund
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