mobile cooling off period

newbies

hi took out a three mobile contract last week, and so shud have one more week to return it if i change my mind, rang them today to cancel it and lady said cos i have used internet usage i cant return it as it states this in terms and condition of contract. But when i took contract out staff member said if i use the phone i can still return it just have to pay for what i used which makes sense. So nw am stuck with this phone. just asking if this is tru or not. thanks bye

stephane_2

What are the T&C actually saying..? You will need to refer to that to hae your answer.

smartphone

The rules are different if you bought it in a shop rather than through the internet or telesales - it may be that the lady on the phone is quoting the distance selling rules, which are that if you use the handset, you can't return it other than if it's faulty. I would go back to the shop you bought it from and see what they have to say.

Guys_Dad

3 have the worst t&c for returns. If you make 1 call, text or anything, then you can not cancel the contract, whether bought in the shop or online.

http://www.three.co.uk/Support/Device_support/Returns

Returns and exchanges.
We hope you're happy with your new device, but just in case you’re not here’s our returns and exchanges policy.

New and unused.

If you want to return or exchange your device, it must be in “as new” and "unused" condition, without any damage or marks. It must be returned with all packaging, manuals, accessories and any free gifts that came with it.

Unfortunately, if we get a device sent back to us that doesn’t meet these criteria we won’t be able to accept it and it will be returned to you. If we accept a device back from you, but it doesn’t meet these criteria we reserve the right to charge you a fee to restore its condition to new. Details of these fees are available upon request.

When we say:

- “Used” we mean making or receiving calls (both voice and video) or texts or browsing the internet from your device.

That's their t&c. If the shop does a better deal, then that's up to them.

The time to have checked this out was before you signed up for a 2 year contract - and never believe any shop staff unless they can show you their promise in writing..

Buzby

You should never enter into a contract lightly - all you see is a phone, all the network sees is the commitment you made. They will not permit a cancellation unless there is good reason (like limited or no coverage). A change of mind is rarely covered - even Argos don't provide a returns service for everything they sell.

If you bought in a shop, your rights under the Sale of Goods Act exclude a change of mind, if the handset works as it should, then you're stuck with it. You would then either need to seek a cancellation (expensive!) or package it all up and sell the item 'as new'.

If you can also find someone to take the contract, great - if not, put the SIM in a different handset and use the commitment for data and calls.