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Cellphone provider problem HELP

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Hey guys and girls, i need some advice. I have recently applied for a cellphone contract for a Samsung Galaxy S3 for my brother and was told it would be delivered by courier. Now the problem is that they sent me the Galaxy S3 mini instead of the normal GS3. Unfortunately the package was opened (plastic wrapping around box) by my brother and upon inspection he found out its not what he wanted. I called them back and told them of the problem and they asked if the phone has been activated and i said "no" and they said they would arrange for an exchange, now a day later they tell me that i have opened the plastic wrapping and that they will not exchange it anymore.

Are they allowed to do that? Who is to blame in this case and is there anything else i can do to cancel the contract? I really want to cancel right now.

Would appreciate your help.

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