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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I signed a 24 mth phone plan with only last week. I find the

Customer Question

Hi Pearl, my name is Ana ******.
JA: What state are you in? It matters because laws vary by location.
Customer: I signed a 24 mth phone plan with Virgin only last week. I find the phone extremely user unfriendly, it is super sensitive reacts even before I touch the icon or command; in addition, within two days of activating, the handset lost colours - they turned bright blue/olive green/brown. I contacted Virgin to return the phone and change my plan to SIM, as I don't want a replacement phone. Virgin told me that they do not have a cool off period at all, and that all they can do is replace the handset. All other providers have a 30 day cooling off period. What are my rights here? many thanks, Ana
JA: Has anything been filed or reported?
Customer: I have spoken to Virgin and they declined cool off.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i am on the phone with a Virgin supervisor trying to negotiate a return og the handset and switch to sim only olan

Submitted: 1 month ago.
Category: Australia Law
Customer: replied 1 month ago.
I am in Victoria. I got the Virgin plan over the phone. Thank you, Ana
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Afternoon

There is no cooling off period if you went into the store. This applies to all purchases.

Any cooling off is usually 5 days.