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Cell Phones

Purchasing a cell phone

Cell phones must be connected to a network, established through a line rental contract to the network service provider.  Most network service providers have contracts that establish a monthly cost allocating a certain amount of minutes to the cell phone user, based on time of day use, calls to other cell phone users within the network, text and internet access, roaming charges (cell phone usage whilst traveling), gaming on your cell phone, downloading applications, and local versus long-distance calling rates. 

Most cell phone users greatly underestimate their average monthly cell phone usage and quickly wind up paying much more in cell phone charges than they anticipated, thus spending more money than they can afford.  Cell phones are then a great way to get into debt!  Here are some tips to avoid this happening to you:

• Read the fine print.  Read and understand the terms and conditions of your agreement with the Network Service Provider before you sign;
• Review your monthly statement to ensure that your plan is covering your monthly usage.  Speak to your network service provider representative to discuss switching plans if you’re being charged for excess minutes each month at overtime rates;
• Shop wisely.  If you choose a contract phone rather than a pre-pay phone, you will be committed to using a certain network, at a certain tariff for a minimum period of time without any legal right to change tariff or cancel;
• Take care of the phone.  You will have no rights if you have not used or looked after your phone in accordance with instructions.  Wear and tear from normal use is not considered a fault;
• Know your rights.  Your consumer rights outlined in the Consumer Protection Act cannot be taken away by terms and conditions written into a notice, receipt, contract, warranty or guarantee.

Returning a cell phone

If the cell phone you purchased was not of satisfactory quality, fit for its purpose and as described, or if there is a fault on the network or SIM card, you may be entitled to a refund.

To return a cell phone:

• If you have only had the phone a few weeks or haven’t had a reasonable opportunity to check it, you are may entitled to a refund for a fault or poor description, or alternatively you may request a replacement;
• If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory;
• If you have had the phone longer than a few weeks or have had a reasonable opportunity to check it, you may be still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of having somebody else repair the phone;
• If the phone cannot be replaced you are entitled to a refund. The store may make a reduction from the price you paid to allow for the use you have had from the phone;
• If you are out of pocket in any other way, you may be entitled to compensation over and above the price of the phone. The trader is liable for your problem, not the manufacturer.

Remember

If you are entitled to a refund, replacement or repair, it is the store who must sort out your problem. The store cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.