3 wont let me return iphone 5

Danielhardy91

Hi , i bought an iphone 5 from 3 six days ago and i want to return it due to it not meeting my expectations and it being a bit too expensive for me at the moment. I agreed to the contract around a month ago but the phone i have only had sice last friday.
I called them to tell them i wanted to return it because it was too expensive and that i had only had it for six days, they said that once the cellophane wrapper is opened the phone is classed as used and simply will not let me return it and that i will have to finish the 2 year contract. I thought you could return anything within 7 or 14 days. Any help much appreciated thank you.

robbies_gal

no i dont think you can use the phone as in put in your sim then return it

also saying its too expensive is not a valid reaons you knew how much it was a month ago

MillicentBystander

Buy a brand new car, drive it around for a week then try and return it to the dealer claiming it is too expensive and doesn't meet my needs and could I have my money back, please? Would the dealer say yes? Same scenario here, I'm afraid. Best bet is to sell it on and get a cheaper one/one more suited to your needs.

grumbler

It's 7 days, not 14 days, according to DSR and only for goods bought distantly, not in a store.
If it was bought distantly, then the situation with 'used' is not very clear regardless of what '3' policy says: Cancelling a phone contract - mobiles.com

grumbler

MillicentBystander wrote: »

...Same scenario here, I'm afraid. ....

Not the same, I'm afraid.

Forwandert

If it was collected in store there isn't much you can do. If it was ordered online send them an email today stating you want to return under distance selling regulations. Ensure you keep a copy and even if 3 won't play ball you will have notified them within the 7 day period and can continue to dispute with them, just ensure you send that email today.

DSR gives you the chance to inspect the products, which of course means you can remove packaging.

MillicentBystander

Forwandert wrote: »

If it was collected in store there isn't much you can do. If it was ordered online send them an email today stating you want to return under distance selling regulations. Ensure you keep a copy and even if 3 won't play ball you will have notified them within the 7 day period and can continue to dispute with them, just ensure you send that email today.

DSR gives you the chance to inspect the products, which of course means you can remove packaging.

But does it let you actually use them? I genuinely don't know so not a leading question.

Danielhardy91

I bought it from the store. To be honest i am just hugely disappointed with the phone. I had the 4 for 2 years and there is hardly any difference, infact the battery on the 5 seems worse ! Oh well looks like i am stuck with it thanks anyway.

chanz4

Danielhardy91 wrote: »

I bought it from the store. To be honest i am just hugely disappointed with the phone. I had the 4 for 2 years and there is hardly any difference, infact the battery on the 5 seems worse ! Oh well looks like i am stuck with it thanks anyway.

thats apple for you, expensive, same but different model number

gjchester

Forwandert wrote: »

If it was collected in store there isn't much you can do. If it was ordered online send them an email today stating you want to return under distance selling regulations. Ensure you keep a copy and even if 3 won't play ball you will have notified them within the 7 day period and can continue to dispute with them, just ensure you send that email today.

DSR gives you the chance to inspect the products, which of course means you can remove packaging.

The DSR seven days is an examination period not a trial period.

The intention of the DSR law was to let you see things in the flesh as you would in store, so lets say you ordered blue jeans and they arrived and were more green, it's something you would have noticed in the shop but may not if the website images were poor. It's not intended to let you have a seven day trial.
Think about if you went in a phone shop, you could touch and play with a demo unit to see how it looked, its weight and size and so on, the DSR gives you that ability.

Generally speaking you don't have to snap the sim card out of the holder and put it in the phone to examine the product.

The DSR has a clause that if you order software and unseal it then it's considered used (as there is no certain way to tell other than the shrink wrap being broken).

In the case of a phone you can open the packaging but by putting the sim card in and turning it on then in Three's case the DSR is voided. It's a narrow view but techncially correct in the law and Three take that view.

AndysDad

Danielhardy91 wrote: »

I bought it from the store. To be honest i am just hugely disappointed with the phone. I had the 4 for 2 years and there is hardly any difference, infact the battery on the 5 seems worse ! Oh well looks like i am stuck with it thanks anyway.

Well at least you have admitted its a mistake to upgrade to an iphone 5....Its a pity other people don't admit its a waste of time but I guess they just get sucked in to all the hype.:rotfl: