Returning phone and contract. Rules on this.

grumbler

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.

Yes, arguably the contract cannot be canceled because the OP started using the services. However, this has nothing to do with opening and using the phone.

The services can be used with other phones.

The phone can be used on wifi or with other sims. In this case nothing would stop the OP from cancelling the contract and returning the phone regardless of what '3' internal policy says.

Naf

Just to check, this wasn't an upgrade, right?
Just the wording of your post leaves it open (to my mind) that you may have already had a 3 phone, but not with these features.
I don't know how it fits with the DSR, but I remember from working at P4U that the networks wouldn't allow returns if the customer had upgraded - they would allow handset exchanges only. The reason being you should already know what the service is like as an existing customer.

gjchester

Herongull wrote: »

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.

Usually yes. However the DSR is the right to examine an item not a trial period as many tend to think.

Three take the view that by using the phone you have customised it and used the software. Both of these void the DSR.

Yes it's a narrow viewpoint and yes it's poor customer service but it's the one Three takes and so by using the phone it now cannot be returned under the DSR.

gfplux

If your contacts were downloaded from google very quickly the service and speed sound good to me.

Herongull

gjchester wrote: »

Usually yes. However the DSR is the right to examine an item not a trial period as many tend to think.

Three take the view that by using the phone you have customised it and used the software. Both of these void the DSR.

Yes it's a narrow viewpoint and yes it's poor customer service but it's the one Three takes and so by using the phone it now cannot be returned under the DSR.

Three can take whatever view they like, but it is the view of courts that counts in relation to legal rights under the DSRs. The DSRs are statutory rights, and sellers cannot legally contract out of them.

In relation to goods, you can certainly use them and try them out, and still return them within the cooling off period. You are required to take care of the good, but if the good can no longer be sold as new this is too bad for the seller. You are even allowed to assemble self-assembly furniture even if it cannot then be disassembled! Consumers rights under DSRs are very broad.

The custom exclusion is in relation to custom-made goods (eg custom-made furniture, made to measure curtains etc), not in relation installing software on a device.

gjchester

Herongull wrote: »

Three can take whatever view they like, but it is the view of courts that counts in relation to legal rights under the DSRs. The DSRs are statutory rights, and sellers cannot legally contract out of them.

I agree. However the DSR has a clause that once unsealed software becomes void from the DSR. Unless there is a company policy other wise you have no right to return software once the seal is broken.

As I said I think its pretty poor from a customer service point of view but it's position Three take.

grumbler

gjchester wrote: »

I agree. However the DSR has a clause that once unsealed software becomes void from the DSR. Unless there is a company policy other wise you have no right to return software once the seal is broken.

Even macman admits that it is very narrow view. Courts work by the spirit of the law, not by the letter. No chance that this interpretation will be approved by any court even if '3' are stupid enough to waste money on trying to defend it.

raindropsy

Hi protocol45,
I seem to be in a similar situation with Tmobile.
I was pressured to take a secondary contract for my daughter even though she uses the main one. I received the new phone three days ago and rung them up yesterday to return it as it is too expensive for me. I was told that I have 7 days to play with it and return it with out any charge. The only thing they would charge if I text or phoned on it , they would charge that amount, but not start the contract. Thank goodness that my dd never put the new sim in, so nothing should have started for us.
I have recorded the phone conversation with them confirming that I will not be charged anything. So we shall see what happens.
If I were you I would ask for the telephone recording ( they all use apparently) to find where they said that you can return it with out charge. If it comes to that.
They should be same if they told you that you can return it then you should do so.
Although I wouldn`t be surprised if they wanted to shake us offwith their made up T&C.
Good luck.

macman

Secondary contract? If it's an additional phone on the same contract, then that may not count as a new contract, but as an upgrade. If so cooling-of,f does not apply.
Since you presumably knew the price when you signed up, why did you agree the contract knowing that it was 'too expensive'?

raindropsy

I kept telling the dales person that I could not afford it, but he kept telling me that I can play with it and return it if I like no questions asked.
Anyway my lovely its not about me .
A person asked a question so I responded with an intention of help.
Hope it doesn`t bother you too much.
I do not engage in petty crime. :-)