Returning phone and contract. Rules on this.

Protocol45

Hi all

This is more of a query than anything else. I got my new phone from 3 in the post today. In fact, an hour ago. I'm just having a play to make sure its what I want.
I want to make sure I can use the phone ok and I wanted to test the mobile broadband speed and signal strength. Since this is the primary reason I got this 24 month contract. I do night shifts and having a good internet connection will be fantastic.

So my question. Apart from 3's own t&c on returning/cancelling contracts, is there any other regulation which can protect me?
Reason I ask is, in order to make sure this is the right contract, phone and provider for me, I obviously need to test said phone.
As soon as you connect it, it asks for my google details which I gave. But the terms and conditions state that if I send a txt, make a call or use the internet, I CANNOT return the phone. But since the phone downloaded my contacts within about 1 minute of owning it, does this mean I now am stuck on this contract for 2 years because of a few bytes of data?

Just after some guidance, I don't expect I will have any issues with this phone or 3, I just wanted to know as a safety net.

DUTR

Yep, T&Cs suggest it is now used and cannot be returned unless faulty.
Next time, have a play with a handset in a shop and get the device from the lowest cost source.

visidigi

Protocol45 wrote: »

does this mean I now am stuck on this contract for 2 years because of a few bytes of data?

Just after some guidance, I don't expect I will have any issues with this phone or 3, I just wanted to know as a safety net.

You are stuck.

Best way to switch network is buy a PAYG sim, stick £5 on it and try it out where you need it most.

Therefore this ensures you have a good signal and the two year contract will work out fine for you.

macman

It's not just 'a few bytes of data'. The phone has been opened and used. It's now secondhand, it's value has plummeted accordingly, and it can only be sold on by 3 as such.
That's why you can't cancel without a huge penalty.

grumbler

macman wrote: »

It's not just 'a few bytes of data'. The phone has been opened and used. It's now secondhand, it's value has plummeted accordingly, and it can only be sold on by 3 as such.
That's why you can't cancel without a huge penalty.

Rubbish.
The only reason why the OP can't cancel is that the service was used.
DSR don't say that the phone has to be unopened and unused.

Re the value plummeting accordingly, it's the price that all distant sellers have to pay for being able to run this sort of business.

Buzby

Your phone is an 'inducement', your contact covers service provided - so really e time to check coverage is BEFORE you make a formal commitment by signing a contract. There is nothing 'obvious' about any rights to test and return if it does not meet your personal approval.

Your phone won't provide mobile broadband (which is reserved for dongle-type services), but phone broadband will be fine, within the limits of your data package.

Buzby

Mr Grumber forgets the contact remains in force irrespective of the inducement being returned.

The contact only covers the SIM. DSR is a waste of space in this regard as no rights are provided to effect any cancellation of obligations.

macman

grumbler wrote: »

Rubbish.
The only reason why the OP can't cancel is that the service was used.
DSR don't say that the phone has to be unopened and unused.

Re the value plummeting accordingly, it's the price that all distant sellers have to pay for being able to run this sort of business.

The OP can cancel, but a huge ETC will apply. If every other buyer returned a phone under DSR because they didn't like the colour etc, then the networks would be bankrupted (or more likely, the rest of us would pay a higher price). Therefore the contracts are structured separately to prevent this sort of abuse. So buying in the store will not make any difference in this respect-it's not DSR that is the issue.

Herongull

If you bought the phone online or by phone, you have a seven day cooling off period due to the Distance Selling Regs.

However...

The DSRs apply to goods (ie the phone) and services (phone contracts).

With goods (as long as it doesn't correspond to one of the exceptions under DSRs eg custom-made items), you always get the cooling off period.

With services, if you want the service to start before the end of the cooling off period, you can agree to waive your rights to the cooling off period.

Mobile phone companies often take the view that buy using the phone, you are agreeing to waive your rights to the cooling off period. Some of them say this explicitly in the T&Cs.

My layperson's view is that unless they make it clear in the T&Cs, that by using the phone (call, txt or data) you are agreeing to waive your rights to the cooling off period, a refusal to give you the 7 day cooling off period is open to challenge.

But you would probably have to take this to court to get a judgment on this.

So unless you want to go to court, you can return the phone within 7 days under Distance Selling Regs, but you are stuck with paying for the contract.

Herongull

grumbler wrote: »

Rubbish.
The only reason why the OP can't cancel is that the service was used.
DSR don't say that the phone has to be unopened and unused.

Re the value plummeting accordingly, it's the price that all distant sellers have to pay for being able to run this sort of business.

Grumbler's understanding of the DSRs is correct. Goods can be used and tried out, and still returned for a refund within the DSRs cooling off period.

Herongull

macman wrote: »

The OP can cancel, but a huge ETC will apply. If every other buyer returned a phone under DSR because they didn't like the colour etc, then the networks would be bankrupted (or more likely, the rest of us would pay a higher price). Therefore the contracts are structured separately to prevent this sort of abuse. So buying in the store will not make any difference in this respect-it's not DSR that is the issue.

What nonsense!

Distance sellers of (PAYG or sim only) phones, tablets, laptops, cameras, clothes, whatever are obliged to abide by the DSRs.

If ever other buyer returned the phone, tablet, laptop, camera or item of clothing, because they didn't like the colour, the sellers would be bankrupted (or else they would stop distance selling), but in practice if they advertise the goods clearly and accurately on the website, most purchasers get what they are expecting and don't want to return the item.

If the customer does want to return the item, it is still not an abuse for them to exercise their legal rights.

In relation to mobile contracts, some sellers try to use a clause in the DSRs in relation to services to avoid giving customers the DSR cooling off period. Unless they make it clear that by using calls, txts or data, the customer is agreeing to waive their rights to the DSR cooling off period, the legality of this could be open to challenge (in my layperson's opinion).