Originally Posted by Mythica:
“I'm not sure but surely the 14 day cooling off period would come into play as that's when the full terms of the contract would be laid out? I don't know how she won that case.”
They said that at the point of her saying yes to the upgrade, that was her accepting the terms that had been spoken on the call and that nothing else after could be used as it wasn't what she agreed at point of entering the new contract.
T-mobile / EE obviously thought the court would throw the case out otherwise they would have settled earlier so it certainly makes upgrades / sales over the phone interesting. And yes when you received the goods you get a copy of the terms (or at least used to) so that would then be the 14 days cooling off period, so you could read all the terms and reject them within the timescale.
People who say we're sold unlimited data but not told at point of upgrade that a fair usage policy applies might try this method now.