3 upgrade cancellation

Waihekedawn

Hi.

I had a two year iPhone 4 contract with 3 that ended in July at which point I switched to sim only. On a whim I upgraded to an iPhone 5 last week on the same contract but had to pay a little more a month and £70 odd for the handset knowing there was a 14 day cancellation period. Having received it and had a play I decided I wanted to cancel having been happier with the freedom of sim only and preferring my old phone. I have spoken to them and they say that I cannot return the phone as I have put the SIM card in it. I still have the plastic on the phone and haven't used the accessories. I am on the same contract as before which I wished to continue with so any usage shouldn't be a problem. And the phone can be returned to its factory settings and put in its box as new. As far as I can see if I have to pay for anything it's merely the SIM card (a few quid?) and maybe an admin fee.

Does anyone know if I have a leg to stand on with regard to wanting to cancel the upgrade? Does anyone have an email address or direct contact number for anyone in 3 who is likely to be able to help me or be senior enough to make a decision?

Thanks in advance.

grumbler

Three are notorious for having the strictest returns policy, especially for iPhones: http://www.three.co.uk/Support/Device_Support/Returns

When we say:

- “Used” we mean making or receiving calls (both voice and video) or texts or browsing the internet from your device. If you’ve bought an Apple device from us, this includes removing the cellophane wrapping or registering your device to iTunes by connecting it to a computer.

You can try challenging this in the court, but this will not be easy, especially for an upgrade.

Waihekedawn wrote: »

...I still have the plastic on the phone and haven't used the accessories. ... And the phone can be returned to its factory settings and put in its box as new.

Would you be happy to receive such 'as new' phone instead of a really new one?

flashg67

If your iphone came with the same bits in the box as mine - eg, words to the effect of 'put the sim in it & you've accepted the phone' then probably not. It was pretty clearly spelt out on the sim pack on mine? The box was sealed with cellophane which I guess would be difficult to replace to make it look new?

Maybe too late now, but perhaps try the phone in a shop next time? What don't you like about the iphone5 BTW?

You'll get top dollar if you sell it, and use the proceeds to pay the monthly contract?

Mickyk

Regardless of what they say, they are bound under the distance selling regulation which will supercede any T&C's.

You can return any goods within 7 working days starting the day after receipt of said goods. So long as not bought in store, in which case if you did, then not a leg to stand on.

Herongull

Mickyk wrote: »

Regardless of what they say, they are bound under the distance selling regulation which will supercede any T&C's.

You can return any goods within 7 working days starting the day after receipt of said goods. So long as not bought in store, in which case if you did, then not a leg to stand on.

This is true, but the situation is more complex with contract phones because there is both a good (the phone) and a service (use of the network).

The distance selling regs do apply to goods and services but with services, there is an extra issue: If you decide that you want the service to start before the end of the cooling period, then you lose the remaining cooling off period (provided that the provider has given you information in writing that this will occur).

So in the fine print of their T&Cs, mobile companies usually say that if you insert the sim into the phone and use the network in any way (call, text, or data), then you no longer have a cooling off period.

So by using the phone, you are indicating that you want the service to start during the calling off period, and the mobile company has told you of the consequences. Thus the phone companies are not being inconsistent with the DSRs in not letting you out of the contract once you have used the service.

However if you just bought a PAYG phone (not a contract phone), then you have only purchased a good only and the above clause no longer applies. You can return PAYG (or sim only) phones within 7 days for a refund under the DSRs. It doesn't matter that the phone is now used and can longer be sold as new. You can use the good and as long as you take care of it, you still have the right to return it.

This is how I currently understand this complex issue anyway.

Rusty!

The DSR doesn't let your try a product and send it back if you don't like it.

mattyprice4004

Mickyk wrote: »

Regardless of what they say, they are bound under the distance selling regulation which will supercede any T&C's.

You can return any goods within 7 working days starting the day after receipt of said goods. So long as not bought in store, in which case if you did, then not a leg to stand on.

Wrong. They've activated the phone and inserted the SIM, and thus started using the service.

You're stuck with it

Herongull

Rusty! wrote: »

The DSR doesn't let your try a product and send it back if you don't like it.

Oh yes it does! That is the whole point of the cooling off period. You can try out a product and it is doesn't suit you can send it back (within 7 days).

The DSRs also apply to services, but there are additional issues - see my above post.

Mickyk

Sorry for the incorrect info then, just going by the Vodafone standard, and they don't care if you use the handset, just so long as it is not damaged.

mattyprice4004

It's just Three it seems, as I've seen other network take returns but I worked for a large mobile retailer and we wouldn't accept ANY returns if it had been used or the SIM activated.

It's a bit of a bummer, as you can't really get a feel for the device unless you use it for a while.

Buzby

There is no ability to cancel an upgrade, so no 'cooling off' period. The handset is a red herring, as the agreement is for the SIM, and whilst you might argue DSR allows you to return it, it will not have any affect on your service contract, which will continue regardless. Unless 3UK are willing to waive the contract - and I seriously doubt this - you will be stuck.

YOu've been hit by 'buyer remorse' and it is pretty common once the euphoria of a new purchase has hit home, but it is well-established that there are no cooling-off rights in this scenario. The time to have doubts is before confirming the order and receiving the goods.

By all means ask them politely, but I believe that ship has sailed, and you will need to stand by your original plan.