Three Contract Return

hp360

Hi there.

Not sure if this is in the right place so apologies if not..
On the 8th of October I purchased an iPad 3 contract with Three UK (£29pm and £99 upfront).

The item was delivered to me on the 10th of October.

Apple have now released an iPad 4 and obviously I am not very happy seeing as I've owned it two weeks and have barely even had time to use it yet. But regardless to that.

I have looked at their returns procedure and it seems if you have the item 14 days you can return it but their returns page stipulates that the item must be new and unused and even removing the cellophane off of an apple product is classing it as used.

I thought under the DSR I was allowed to return it?

The iPad has not one cosmetic blemish on it and I have all of the packaging.

Am I right in thinking I can send this back within their 14 day return period + DSR irregardless of their 'new' and 'unused' request?

I don't have 10 posts so can't link to their returns page, but google three returns.

It states:

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

AND


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.

- “As new” condition we mean that the device, packaging, manuals, accessories and any free gifts that came with the device must be complete and free of any damage or marks.


I am just looking for advice really from anyone in the know - hopefully today as today is the last day and they close at 10pm!


PS. I ordered on their website.

Thank you for taking your time to read my request.

bod1467

The Ipad4 is not released yet - they only announced that it was coming but didn't state when. (Unless something has changed in the last 12 hours or so). The only release date known is for the Ipad Mini - 2nd November, with pre-orders from 26th (?) October.

Bottom line - you have used the device and the service, so DSR cancellation rights do not apply. The device is not faulty (I presume) so you have no comeback.

hp360

It has only been used twice and the DSR states:

"Can I insist that customers who cancel an order within the cancellation period return the goods as new or in their original packaging?", to which the answer is "No. Consumers are under a duty to take reasonable care of the goods whilst in their possession. The DSRs allow the consumer to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached thier duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in thier original packaging."

unholyangel

hp360 wrote: »

It has only been used twice and the DSR states:

"Can I insist that customers who cancel an order within the cancellation period return the goods as new or in their original packaging?", to which the answer is "No. Consumers are under a duty to take reasonable care of the goods whilst in their possession. The DSRs allow the consumer to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods then they have not breached thier duty to take reasonable care of the goods. In these circumstances you cannot insist that consumers return the goods as new or in thier original packaging."

You get to make calls/sign up for itunes etc in a shop?

Anyways worthwhile to note DSRs give you 7 working days starting day after delivery, 7th working day was up on Friday 19th. Sounds like its their own 14 day policy.

bod1467

DSR cancellation rights apply to products - agreed. So opening the package may be OK for the Ipad itself. However, as Her Ladyship correctly notes, such cancellation rights only apply for 7 working days after delivery (unless you weren't advised of such rights prior to concluding the contract, in which case it is up to 3 months and 7 days ... but I'd be surprised if 3 haven't got this sewn up). Thus any product returns will be at the mercy of 3's returns policy.

DSR cancellation rights do NOT apply to services - well they do up until the service is used. If you have activated the SIM then the service has started and the cancellation rights are void.

The crux will be whether the Ipad and service are contracted separately or contained in one "package". Given the price (£99 payment) then the Ipad is part of the service contract (IMHO) and you have no comeback.

I know this is probably not what you want to hear ... but don't shoot the messenger.

wealdroam

OP, this article may be of interest...

http://www.trustedreviews.com/news/ipad-3-tablets-can-be-swapped-for-an-ipad-4

Hintza

They won't be taking this back.

SuperHan

I've heard on the grapevine that Apple are exchanging any iPad 3 bought within 30 days for the new iPad. I'm not sure how this applies to devices bought from 3rd party sellers, or if the policy stands in the UK, but it could be worth a trip to the Apple store.

(As an aside - the main feature of the newest iPad is the dock connector is now a lightening connector, so no existing accessories will work with it. This could be worth considering before any exchanges happen...)

As said above though, 3 are under no obligation to do anything. If you had researched further before buying the iPad, it would have been clear that an Apple iPad event was up and coming, so it would have been advisable to hang fire.

It's the nature of the technology market that things move on, I'm afraid.