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8 January 2010
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You are in : GOODS AND SERVICES

Wanadoo Broadband

If you like surfing… the internet, that is… you’ll know what broadband is – it’s the common term for a fast internet connection. Broadband is up to 20 times as fast as a standard telephone and modem and also allows you to talk on the phone at the same time as going online.

One internet service provider, Wanadoo, has a special offer on at the moment – Unlimited broadband with a free modem and connection from just £17.99 a month. But not all their customers are happy with the service they’re getting from Wanadoo.

Eamon e mailed On Your Behalf -

On the basis of their ads, I signed up for Wanadoo's new 1Mb broadband with free modem. They informed me my line was activated for broadband service on 25th Oct. but the modem to allow me to access the service hadn't arrived by the 28th (they took my DD payment from my account on 25th). When I phoned Wanadoo's Customer Support on the 28th they advised me that my modem was on its way and would be with me in 2/3 days. On the 4th Nov.

When it still hadn't arrived, I again phoned their Support team (all call are at my cost) who told me it was now being despatched by ParcelForce and would be with me in side 2 days. Today (8th Nov) it still hadn't arrived and when I called to cancel my service I was told I couldn't do so as I had a 12 month contract and this was only for service - which they deemed to have provided when the line is activated.

They maintain the modem is provided by a 3rd party, not part of the deal, even though they advertise it as such. They again checked where the modem was and were told by their courier that delivery had been cancelled! Apparently because they had not been given an adequate delivery address (by Wanadoo, not by me). They are insisting I still have to take their service even if I consider they have not fulfilled their part of the contract. I want to cancel my DD and go elsewhere for broadband as their service to date does not give me confidence of a good future service from them. What can I do?


Wanadoo told On Your Behalf

The record popularity of our £17.99 1 Megabyte Broadband product has resulted in a few individuals experiencing delays - this is limited to isolated incidents, and customers are advised of delivery dates on a case by case basis. Your listener's modem has been reordered, and will be delivered tomorrow. We will also be writing to him directly to offer 3 months' Broadband service free as a goodwill gesture.

Delivery of the modem was not included in the Terms of Use that he agreed to when signing up with Wanadoo - however we have recently revised our Terms of Use to include the modem, and now offer customers, including your listener, the ability to cancel a contract due to non-receipt of modem.

And this listener e mailed On Your Behalf via the website – bbc.co.uk/oyb because he wants the latest high speed broadband service, but as an existing customer he has to pay more for it, while new customers get it free!

This May I subscribed to Wanadoo Broadband 512kbps (2GB/month limit), shortly after my local (Ballycastle) exchange was Broadband-enabled. Then in late August, Wanadoo offered 1Mbps (twice as fast) access speed for NEW subscribers at the same price as 512kbps for subscribers who signed up earlier. However, older subscribers have to pay £20 to upgrade to the faster service.

Please tell me whether under consumer law, Wanadoo ought to have upgraded existing subscribers (where their line is technically suitable) from 512kbps to faster 1Mbps speed at NO EXTRA CHARGE at the time they introduced 1Mbps speed for new customers.
I have opted not to pay the upgrade fee as I feel that current subscribers should gain the benefit of improved terms and conditions on an equal basis to new subscribers.

Wanadoo told On Your Behalf - We are charged by BT for upgrading existing customers' products on the network, and this is industry standard.


Your Rights when Buying

Under The Consumer Protection (Distance Selling Regulations) you have special rights as a consumer when you shop from home.

But remember, you still have your normal statutory rights if something goes wrong.

Normal statutory rights If you receive faulty goods:

• if there is something wrong with what you buy, tell the supplier as soon as possible. Do this via e-mail or phone and let them know why you are complaining
• keep a written note of a phone conversation
• keep a copy of any e-mail exchange.

Please note that:
• if you sign an acceptance note when you receive the goods, this does not mean you have signed away your right to reject them
• allowing the seller to try to put faulty goods right also does not affect your rights. If the repair fails you still have the right to reject the goods
• if they are faulty, you should not be charged anything, including the cost of returning goods.
If you're buying a service, it should be carried out:
• with reasonable care and skill
• within a reasonable time – particularly if you have not agreed a completion date.
Shopping from home rights
When shopping from home you additionally have the right to:
• clear information before placing an order
• written information about a purchase
• a 'cooling off' period during which an order can be cancelled without any reason and a full refund made
• a full refund if goods or services are not provided by an agreed date or within 30 days of placing an order if no date was agreed
• protection against credit card fraud.
What isn't covered
Your home shopping rights only apply to goods or services you buy from traders who are organised to sell to you without face-to-face contact.
They do not apply to:
• financial services like insurance or banking. The Financial Services Authority (FSA) regulates financial services businesses – see their website at www.fsa.gov.uk
• auctions – auctioneers, unlike other sellers, can refuse to accept responsibility for the quality of the goods they auction. Read the conditions of sale with care. But, unless the seller is a private individual, the standard terms of the contract set out in the Unfair Terms in Consumer Contracts Regulations 1994 still apply
• vending machine purchases
• contracts involving the sale of land.
Most of these rights – and particularly the right to cancel – do not apply to:
• unsealed audio or video tapes
• unsealed computer software
• betting games or lottery services
• newspapers and magazines
• food, drink or other goods intended for everyday consumption delivered by regular roundsmen – for example, deliveries of milk
• contracts for accommodation, transport, catering or leisure services, which are arranged for a specific time or date eg, train, airline or concert tickets, or hotel bookings
• timeshare and package holidays.


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