SOG act, cooling of period and complaints letter

[Glaucus]

Hey guys can anyone offer me any help. I got the LG arena last week on-line. There are so many features on it that just don't work and the software is so buggy blah blah blah.

How does the SOG act cover mobile phones, I'm confused.

Buying online from shops or suppliers

The purchase of goods and services over the internet, by phone or by mail order generally is subject to the Distance Selling Regulations. One of the most important implications of these regulations is a cooling off period of 7 days during which you have the right to cancel.

Or

Financial products and services

Financial products including banking, credit, insurance, personal pensions and investments, sold by distance means are subject to a 14 day cooling off period

It's through DialAPhone and all there contract says is a 7day cooling of period and item has to be unused and box sealed.

Do I have any rights to get out the contract, or get it changed to a different phone entirely. Failing that I'm sure I could find features advertised that don't work and as such get the phone replaces.

Also anyone got any tips of writing a complaints letter, want to send my disgust to LG as well.

The phone is more buggy than an early windows ME beta


Grrr and breath...

[divine]

Now you've opened and used it, I don't believe the DSR applies. Its purpose is to allow the same level of inspection as you would have in a shop (ie. looking at the box to make sure it's 100% what you wanted as pictures can be misleading). However I suppose you could argue you should would have been able to see a demo model in a shop.

If it really is broken and buggy though, i'd be going down the 'not fit for purpose' route rather than DSR.

As for complaints letters, just keep it very professional sounding and don't waffle. No one will read it if it sounds like a ranting lunatic and so that'll get you nowhere.

[Glaucus]

Rubbish I thought that might be the case.

What's the rule on not fit for purpose, especially when i's software, not hardware related?

[divine]

Couldn't tell you. For that matter i've no idea on contracts either, so you might have some kind of statutory get out on that front.

[Mark]

http://www.businesslink.gov.uk/bdotg...mId=1075385183

There are some exceptions to these rights of cancellation, including:

* contracts for the provision of accommodation, transport, catering or leisure services, where these services are supplied on a specific date or for a specific period
* the sale of customised goods or perishable goods
* sealed audio or video recordings, or software, which has been opened
* sales by auction

Says precisely squat about mobile phones. The list isn't exhaustive so they might try to squirm out of it. Prepare for a fight.

Most important, do it ASAP. The clock is ticking.

Edit: Just found another source which says mobile phones probably don't come under DSR. Not official though.

[Davey_Pitch]

Originally Posted by divine

Now you've opened and used it, I don't believe the DSR applies. Its purpose is to allow the same level of inspection as you would have in a shop (ie. looking at the box to make sure it's 100% what you wanted as pictures can be misleading). However I suppose you could argue you should would have been able to see a demo model in a shop.

The DSR states that you need to take "reasonable care" of any item that you have when you choose to cancel your contract within the specified 7 working days. How this relates to mobile phones though I don't know, I can't find anything concrete on it yet, though it's still classed as a good (with the associated contract being classed as a service), and as far as I can tell these still fall under the same DSR rules.

[Jhadur]

No idea about your problem but I was thinking about an Arena as GSMArena really liked their review one:

"To sum it up, we were impressed by almost all aspects of the LG Arena. If you are on the hunt for a touch-based multimedia device at a reasonable price, the Arena is definitely a handset to consider and the S-class UI by LG without a doubt will be a trend setter throughout the year."