3 wont let me return iphone 5

gjchester

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.

That's called buyers remorse, (http://en.wikipedia.org/wiki/Buyer's_remorse) and unfortunatly nothing to do with Three. Some companies offer a good will exchange or refund service, but it's down to company policy in this case.

The DSR helps you have some rights to return for distance purchases but not in the case of store purchases.

Basil1234

also i went into three store the other week and alot of the phones are dummies now and not working models as well which is a shame so people can not necessarily see them working as well. last time i went in about 2 years ago they were mostly all working units.

diamonds

3's T&C mean nothing under DSR.

A mobile phone operating system can be reset/restored to the same physical state supplied in so the DSR Regulations apply. 3's terms come under Unfair Contarcts Regulations as a breach of other UK legislation, DSR.

"
Time limits for cancellation


The rationale behind the cancellation provisions in the DSRs is to allow the customer to inspect what they have purchased.

The time limits for cancellation are as follows.

For goods

• Provided you give your customer the required written information no later than the time the goods are delivered, their cancellation rights end seven working days after the day on which they received the goods.
• If you do not give your customer the required written information by the time the goods are delivered, but do so within three months from the day after the day the customer receives the goods, the cancellation rights will end after seven working days from the day after the customer received the required written information.
• If you do not give the required written information at all (or give it after the three month period mentioned above), the customer’s cancellation rights will end after three months and seven working days from the day after the customer received the goods."

• "... A customer cancels before the seven working days have ended – can I charge for any service already provided?
  
  With service contracts, if you fail to give customers the required written information before you start the service, or fail to obtain their consent to starting the service early, they will have a right to cancel their contract, even if they have started using the service.
  Where a service contract is cancelled, the DSRs require you to refund all the money paid in relation to the contract. So, if a customer cancels an airtime or internet contract before the cancellation period has expired, you must refund all charges (including, for example, call charges) incurred under the contract."
  

So 3 give customers more than 7 working days RETURN via DSR by company policy (to ignore DSR in their terms & conditions & by not informing customers of thier rights under DSR), cancel with no line rental due on used contract sim.

RECAP: as 3 deny customers DSR information, you can use a 3 handset & sim for 3 months & 7 days & then enforce DSR in writing via email on the last day & DEMAND a refund of all costs over that period, UK legislation is on your side.


Easier than me fully explaining or posting the legislative ACT for consumers, read the guidance from Office Fair Trading for businesses & educate yourself for the future here:

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/dsrexplained/

sillygoose

Just sell it CEX are paying loads for them, even though lots of people seem to be selling them already. I presume as its a micro sim in the I5 its a bit of a pain in the... to stick it in another phone you would have to transfer the number to a normal one.

Put the £500 or whatever you get for the iphone in a savings account and use it to pay £20 towards your contract payments per month making it more affordable.

Have you still got your iphone 4 handset? just go back to that.

diamonds

For those that can, legislative ACTS:

The Consumer Protection (Distance Selling) Regulations 2000 (DSRs)
www.legislation.gov.uk/uksi/2000/2334/contents/made

The Electronic Commerce (EC Directive) Regulations 2002 (ECRs)
www.legislation.gov.uk/uksi/2002/2013/contents/made

Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECRs)
www.legislation.gov.uk/uksi/2003/2426/contents/made

Sale of Goods Act 1979
www.oft.gov.uk/saleofgoodsact
www.legislation.gov.uk/ukpga/1979/54

Supply of Goods and Services Act 1982
www.legislation.gov.uk/ukpga/1982/29/contents

Consumer Credit Act 1974
www.legislation.gov.uk/ukpga/1974/39/contents

Unfair Terms in Consumer Contract Regulations 1999
www.legislation.gov.uk/uksi/1999/2083/contents/made

Financial Services (Distance Marketing) Regulations 2004
www.legislation.gov.uk/uksi/1999/2083/contents/made

Timeshare, Holiday Products, Resale and Exchange Regulations 2010
www.legislation.gov.uk/uksi/2010/2960/contents/made

Package Travel, Package Holidays and Package Tours Regulations 1992
www.legislation.gov.uk/uksi/1992/3288/contents/made

Companies (Trading Disclosures) Regulations 2008
www.legislation.gov.uk/uksi/2008/495/contents/made

The Consumer Protection from Unfair Trading Regulations 2008 (CPRs)
www.legislation.gov.uk/uksi/2008/1277/contents/made

Business Protection From Misleading Marketing Regulations 2008
www.legislation.gov.uk/uksi/2008/1276/contents/made

The Provision of Services Regulations 2009
www.legislation.gov.uk/ukdsi/2009/9780111486276/contents

bobster999

Danielhardy91 wrote: »

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.

keep the sim and sell the phone for more than you paid for it. thats what i did and now have a sony experia T which i think is much better and so glad im out of the iphone cycle.

when you buy your new phone, just explain that you would like the data plan moved from your iphone tariff to a smart phone tariff as the iphone uses slightly different settings for the data. they'll switch it over and you'll be on the same contract price you're on now

gjchester

diamonds wrote: »

3's T&C mean nothing under DSR.

A mobile phone operating system can be reset/restored to the same physical state supplied in so the DSR Regulations apply.

As I said it's a narrow view Three's vioew is but "personalising" the device and using the software then Three say uou void you DSR return.

When customers do not have a right to cance


Unless you have agreed that they can, your customers cannot cancel if the order is for

• audio or video recordings or computer software that the customer has unsealed

Where did you get the 3 months and 7 days from? And even if the item cost is refunded the customer still has to pay for any services used suring the time they had the device...

RECAP: as 3 deny customers DSR information, you can use a 3 handset & sim for 3 months & 7 days & then enforce DSR in writing via email on the last day & DEMAND a refund of all costs over that period, UK legislation is on your side.

grumbler

gjchester wrote: »

As I said it's a narrow view Three's vioew ...

• audio or video recordings or computer software that the customer has unsealed

Indeed narrow..
The spirit of this law - and this is something that does matter in UK - has obviously nothing to do with unsealing and switching a mobile phone on.

diamonds

gjchester wrote: »

As I said it's a narrow view Three's vioew is but "personalising" the device and using the software then Three say uou void you DSR return.

When customers do not have a right to cance


Unless you have agreed that they can, your customers cannot cancel if the order is for

• audio or video recordings or computer software that the customer has unsealed

Where did you get the 3 months and 7 days from? And even if the item cost is refunded the customer still has to pay for any services used suring the time they had the device...

RECAP: as 3 deny customers DSR information, you can use a 3 handset & sim for 3 months & 7 days & then enforce DSR in writing via email on the last day & DEMAND a refund of all costs over that period, UK legislation is on your side.

It's not a DVD nor a CD that can be copied nor software which activation codes can be registered & returned, its a mobile phone which can be master reset.

A mobile sent with no DSR can be sent back within 3 months 7 days, a service "via sim card" falls under the same.

READ the link I posted before commenting nothing to do with what I said nor posted

diamonds

grumbler wrote: »

Indeed narrow..
The spirit of this law - and this is something that does matter in UK - has obviously nothing to do with unsealing and switching a mobile phone on.

EXACTLY. Not sending DSR rights information with a purchase/service bought by DSR standards via online/sms/fax/phone/mail order gives the consumer automatically upto 3 months protection until sent (then 7 days from recieved), or not recieved 3 months then the standard 7 days....

PEOPLE need to educate themselves in legislation more, it effects everything we do every minute of the day & why I posted my first link above asking people to read & educate themselves of THEIR legal rights as well following the legislation acts I posted later above can be VERY confusing for the average person