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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63417
Experience:  Qualified Solicitor
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Regarding consumer law Assistant: Where is this? It matters

Customer Question

Regarding consumer law
Assistant: Where is this? It matters because laws vary by location.
Customer: Northern Ireland
Assistant: What steps have been taken so far?
Customer: None
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 4 months ago.

What is your specific question in relation to consumer law? Please also provide some more details

Customer: replied 4 months ago.
Expert:  Ben Jones replied 4 months ago.

Hi there. Please provide the information requested

Customer: replied 4 months ago.
here it is. I purchased an iPhone XR from very, the phone arrived last Tuesday but to be honest I wasn’t overly impressed, I found it too big and preferred the iPhone 8 I was used to. I had my phone stolen so I panicked ordered because I needed something. So I set the phone up on the Tuesday, by the Sunday I decided to call the company and explain the situation to see what they could do. I explained I had used the phone and I didn’t have the box, I was told this wouldn’t be a problem and I could return the phone as it wasn’t suitable. At this stage I ordered an iPhone 8. Now very are going back on their word and telling me I can’t return the phone. I just want to know legally where I stand with this.
Expert:  Ben Jones replied 4 months ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 4 months ago.

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?

Customer: replied 4 months ago.
This is not a contract. Very you can create an account and then pay back through lots of different options. I honestly had accepted the fact that I picked the XR and had to deal with it only the agent when I called on Sunday assured me there would be no problem. Conveniently they now cannot find this call.So basically can I fight them on the fact that they did advise me I could return the phone? The phone was set up but is in perfectly working order and there isn’t a mark on it.
Expert:  Ben Jones replied 4 months ago.

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

Expert:  Ben Jones replied 4 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 4 months ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you