Three Mobile Exchanges

younganddumb_2

Hi,

I hope someone can help me with this, as i've got myself in a bit of a pickle!

I placed an order online with 3 mobile, for a Sony Ericsson Xperia Arc on a £40 a month contract. If i'm totally honest, I didn't think i'd get accepted. But, I was! So, good news...

But,

The phone was delivered this morning, I popped my sim card into it, had a bit of a play, a quick go to see how Facebook was on it, and quickly came to the decision that I really disliked the phone.

Now, yesterday evening I applied for a contract with phones 4 u, for the new Samsung Galaxy S2 that has just been released. and got declined. Had I been accepted, I was going to either cancel my 3 order, or just return it, unopened as soon as I received it.

I called three up today, to see if I was able to return the phone, but as I have used it, and put my sim card in, I can not cancel the contract or return it. But the guy said that I WOULD be able to EXCHANGE the mobile phone for the Galaxy S2 when they release it, supposedly on Friday.

I asked him to clarify this at least 3 times, and he said the same answer, and extended this to "Even if you make a phone call, using the handset you received today, on the 14th day, you will still be able to exchange the phone".

I popped online after having heard this, and read that you could not exchange the phone if you have used it, and called back, to be told by a sales agent that this is correct, you cannot exchange nor return the handset if you have used it.

I cannot find anything regarding exchanges on 3's website, and really need to know where I stand with this one, as I don't want to be stuck with a phone I don't like for the next 2 years. (I know I should've went instore to order and I would've been able to have a play on the phone, but because I didn't think i'd get accepted, and wanted to save myself the embarrassment of being declined).

I'm sure as part of the DSR (Distant Selling Reg's), there must be something I can do?
I'm more than happy to keep the contract going if I can exchange the handset.


Any advice would be greatly appreciated.

Thanks.

Young&Dumb!X

Guys_Dad

First of all, do a bit of homework yourself - you should have done it before you ordered the phone from 3. Try Googling "three returns"

Here is one link http://www.three.co.uk/Help_Support/About_my_mobile/Returns

You can read their t&c here. There are other results you may find as well by varying the Google words.

Now, here is the crucial point. Did you use the new sim that came with the phone or is that still intact? If intact - and I can't tell from your post if you used your old sim or a new one - and you haven't put contacts on the phone, then if you clear all the call logs on the handset and return it to its pristine condition,then you should be able to get away with returning it, as long as all of the packaging is 100% pristine. In other words, caould they re-sell it as brand new?

But next time, read the t&c on returns. Some, such as Voda, allow you to try it and return within 14 days. Three do not.

But you should really do your own research as well as asking on here.

Yolina

Guys_Dad wrote: »

If intact - and I can't tell from your post if you used your old sim or a new one - and you haven't put contacts on the phone, then if you clear all the call logs on the handset and return it to its pristine condition,then you should be able to get away with returning it, as long as all of the packaging is 100% pristine. In other words, caould they re-sell it as brand new?

If the OP has made or received any calls, the lifetime timer will show the total incoming/outgoing usage anyway (it's separate from the call logs and can't be reset) so can hardly be sold on as new...

watcherman

I know that Three states it cannot be returned if used in any way, but can they over-ride the law of the DSRegs?

Techhead_2

watcherman wrote: »

I know that Three states it cannot be returned if used in any way, but can they over-ride the law of the DSRegs?

The opinion seems to be that they aren't overriding the law, because the DSRs say that the right to return ends when the service associated with the goods begins.

I don't believe that this (Three's definition of when the service begins) has been tested in a court so it's certainly open to challenge.

Guys_Dad

Yolina wrote: »

If the OP has made or received any calls, the lifetime timer will show the total incoming/outgoing usage anyway (it's separate from the call logs and can't be reset) so can hardly be sold on as new...

Didn't realise that about the lifetime timer - thanks.

On the point about the commencement of the service, if an old sim was used within the lifetime of the old contract/PAYG, then it could be argued that the new service had not been commenced, but we don't currently have that information.

If the new sim was used, then I am with you 100% - DSR seems to be ok, within the 3 t&c and untested in law.

watcherman

Be an interesting one, I nominate Guy's Dad to try it, as he always posts a lot more articulately than me

gjchester

watcherman wrote: »

I know that Three states it cannot be returned if used in any way, but can they over-ride the law of the DSRegs?

A lot depends on the view the DSR is taken in. The rules were designed to protect the customer from bad images. So if you bought dark blue jeans on the web then when they arrived they were in actual fact dark green and the photograph was done in very poor lighting you had a right to return them, in effect giving you the ability to inspect the goods just as you did in a retail store.

The DSR is NOT designed to give you a trial period as many people think, just a chance to examine the goods, so for say a phone it may look OK on screen but be huge or tiny in your hands, something you would easily pick up in store, but may not on an image if there is no frame of reference.

Coming back to this Three also take the view that if you use any supplied software then it's seemed to void the DSR period, thats acceptable under the DSR, you would not expect to be able to load a game play it for a week then return it.

Where Three's view is very narrow is they say that by turning on and using the phone you are using the software so it's then unreturnable. Even something like changing the lifetime timer from 00-00-00 to 00-00-01 could be seen as using the software, and that could be just turning it on depending on the software.

The other mobile companies don't take this view, however as noted the only place to really decide this is a court of law.

Guys_Dad

watcherman wrote: »

Be an interesting one, I nominate Guy's Dad to try it, as he always posts a lot more articulately than me

No way ! Many years ago, when I was still at school, I went with my grandfather to see a friend of his in his office. He was a lawyer.

I remember he had a picture on his wall of a farmer pulling a cow by its tail and another farmer at the other end pulling it by its horns in the other direction.

And sitting on a stool, milking off the cream, was a lawyer complete with wig and gown. I've always remembered that !!!