Phone contract cancellation rights?

thommo41

Hi,
I have just purchased an iPhone 4 on 3. It's a 24 month contract. The order was placed on Friday 6th and it arrived the next day.
I have called customer services today as I am not happy with the performance of the network, and I was under the understanding that their 14 day money back gaurantee covered me if I wanted to cancel the contract with them and return the phone.

Im told this only applies if the phone is un-used! That's crazy, how do you know it's useless until you use it? Its a smartphone, primarily for use on the Internet, and if you can't use it, why would you want to keep it?

Anyway, does anyone know legally if I am entitled to terminate the contract within 14 days? I assumed I was, until I read their clause.

I would hope my "buyers rights" allowed me to cancel the contract as it's essentially unfit for purpose?

HELP! Regards, Alan

gjchester

thommo41 wrote: »

Anyway, does anyone know legally if I am entitled to terminate the contract within 14 days? I assumed I was, until I read their clause.

The distance selling rules permit you to recieve and examine an item in your home and you have 7 days to do so.

There are some specific cases where thsi is void, such as underwear for hygene reasons or software for piracy reasons or anything customised.

Three take the view by using the phone you have customised the software, and as such it cannot be returned under the DSR rules. Unfortunatly in this case because you have used the phone they will not cancel the contract.

I know it's a very narrow reading of the rules but it's what Three use. whilst it's no consolation is is clearly explained in there terms and condidions.

robt_2

Do you get a signal outside your home address? Networks do not guarantee indoor coverage.

The Distance Selling Regulations allow you to inspect the goods, it is not a trial period.

I assume this is the leaflet that came with the phone? http://i34.tinypic.com/x0u544.jpg

It quite clearly states what you can and can't do.

DarkConvict

Im chuffed Three provide that information, every operator should as people are very much unaware of there return rights, They use the phone with the sim card in and are stuffed.

gjchester

DarkConvict wrote: »

Im chuffed Three provide that information, every operator should as people are very much unaware of there return rights, They use the phone with the sim card in and are stuffed.

They may supply T&Cs but I suspect the usual sequence

Get phone

Charge up

Play with new toy

Read paperwork

thommo41

So seriously, I am stuffed? Would the fact that it's not fit for purpose allow me to return it? That's rediculous!

I was previously with o2 and a couple of years back I returned a handset because I didn't like it, it was fine, useable, I just didn't like it. They had no issues.

I'm trying to establish if this is a one-off issue, indoors at this location (which being work, is pretty unfortunate!) as their website clearly states coverage indoors and outdoors at my current location.

Again, surely a phone purchased solely for its internet usage capabilities that CANNOT browse the internet, is unfit for purpose? You could not find this out without using the phone, and with the iPhone, this means you HAVE TO CUSTOMISE IT, as iTunes will not let the phone work at all without connecting it up to a PC first.

Im appauled that their T&C's can't be overridden by some sort of consumer right law. Any legal experts out there who can confirm that Im pretty much stuffed?

I will call them tomorrow and just play merry hell and see where it gets me. Sigh...

Alan

gjchester

thommo41 wrote: »

So seriously, I am stuffed? Would the fact that it's not fit for purpose allow me to return it? That's rediculous!

To be fair there are two issues here.

The DSR rules are, as Robt said, so you can inspect an item at home, it's not a trial period. I'm on Vodafone, I got my upgrade in store, and they say that you have no rights *at all* to a return once you buy the phone in store.

If you think it's not fit for purpose then thats another matter.

thommo41 wrote: »

I was previously with o2 and a couple of years back I returned a handset because I didn't like it, it was fine, useable, I just didn't like it. They had no issues.

Most networks had such a policy but most of them now have stopped, too many people were retunging phones they didn't like (rather than being faulty) and that meant a loss to the mobile company.

thommo41 wrote: »

I'm trying to establish if this is a one-off issue, indoors at this location (which being work, is pretty unfortunate!) as their website clearly states coverage indoors and outdoors at my current location.

Again, surely a phone purchased solely for its internet usage capabilities that CANNOT browse the internet, is unfit for purpose? You could not find this out without using the phone, and with the iPhone, this means you HAVE TO CUSTOMISE IT, as iTunes will not let the phone work at all without connecting it up to a PC first.

Im appauled that their T&C's can't be overridden by some sort of consumer right law. Any legal experts out there who can confirm that Im pretty much stuffed?

I will call them tomorrow and just play merry hell and see where it gets me. Sigh...

Alan

You cannot browse the internet at home (or work) or at all? No mobile company guarantees coverage at all places regardless of the coverage checker, and if you read the small print the coverage checker says it's as a guide.

If your work was in a steel and concrete building then the mobile won't work and it would be unreasonable for any phone company to know that.


I know it sucks as a policy but thats the line three take. Good luck, but there are others on here who have had the same problem and had not luck.

boliston

The beauty of the iphone is that you can "restore" it to the factory settings using itunes. Just do this then they cannot say you have "customised" the phone in any way - you are essentially returning it "as new".

thatsean

Except that their network will know the sim and imei has been used....

As others have said, you've got your 7 days distance selling to inspect the phone - but there isn't a trial period.

What have they said about the network in your area - if its a blackspot and there is no outdoor coverage, then they will struggle to hold you, but if you do get (poor) coverage then they are providing a service. Where abouts do you live?

thommo41

Thx for all the replies. I'm in burton on Trent. Current postcode de14 2lh gives full coverage on their maps. I checked this before ordering. I also see 4 bars of 5 on the phone of 3G but the speeds are unuseable. Speedtest app shows under 64k alot of the time. But I do get a service, just a very bed one. My 3GS was on o2 and I got north of 2000k at the same location. I read 3 had the bet 3G network, designed from day 1 for data so I would only ever of expected it to be as good or better than o2 :-( there are other issues i have like app store problems (see 3's blog) and content filtering stopping u doing what every other network allows you to do, this is not my sole complaint. The 'death grip' alone ought to be grounds to send it back! Cheers

thommo41

Three predictably didn't want to know. They still acknowledge all my problems are cause to claim it's not fit for purpose but they won't authorise the return and cancellation. Several hours on the phone to and from the same indian call centre staff and I'm about ready to commit a crime, if only I could find a single person to blame! Useless. Shockingly bad. DO NOT BUY 3 MOBILES people. I'm due a call back on Monday. I can't type my real thoughts but what they said in the tech support beggars belief. Will let you know if Mondays call comes...