New phone network, no signal at home!

Herongull

The Distance Selling Regs are statutory rights and therefore Three's interpretation of them is irrelevant.

Sellers cannot contract out of these statutory rights.

The DSRs permit buyers to take goods out of their packaging and to try them out even if this means the goods cannot be sold as new. Buyers can even assemble self-assembly goods and still cancel under the DSRs.

So if your gf got the phone/contract online or ordered it by phone then you have 7 days in which to cancel under DSRs.

Bingolingo

Best course of action IMO is to state clearly there's no signal and request cancellation under the DSRs.

If 3 are difficult (and they will be) then stand firm and state clearly that lack of service is a valid ground under which a mobile phone contract can be cancelled.

Good luck.

Jakg

If you have a 24 month contract, Three should offer you a home signal box which will give you signal at home.

They might try to ask for £50 but if you push you should get it for free - I did (in the end...!)

gjchester

Herongull wrote: »

The Distance Selling Regs are statutory rights and therefore Three's interpretation of them is irrelevant.

Correct.

Herongull wrote: »

The DSRs permit buyers to take goods out of their packaging and to try them out even if this means the goods cannot be sold as new

Buyers have the right to assemble the items if required to INSPECT them not try them out. The DSR is a right to inspect not a trial period.

wiogs

gjchester wrote: »

Correct.



Buyers have the right to assemble the items if required to INSPECT them not try them out. The DSR is a right to inspect not a trial period.

So that sounds, unfortunately, as if the DSR are no use to the OP as a means to try and return the phone.

I doubt that the company will be interested in the "no signal" reason either.

Herongull

gjchester wrote: »

Correct.



Buyers have the right to assemble the items if required to INSPECT them not try them out. The DSR is a right to inspect not a trial period.

Nope! Do your research first.

"Apart from these exceptions the DSRs give consumers an
unconditional right to cancel a contract and legally oblige
you to refund all sums due in relation to the contract, this 10
means the full price of the goods, or deposit or prepayment
made including the cost of the delivery. This must be done
as soon as possible after the consumer cancels, and within a
maximum of 30 days. The DSRs do, however, give suppliers
a right of action against consumers for breach of the statutory
duty to take reasonable care of the goods."
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

The requirement is that buyers must take reasonable care of the goods. There is no issue with trying them out.

And even if the buyer does not take reasonable care they can still cancel and must be refunded, but in this case the seller can take action against them for not taking reasonable care.

I would have thought that using a phone (carefully!) is taking reasonable care.

MamaMoo_2

With regards to DSRs, as the contract is not just goods, it is a service, and the service has already begun by the SIM being inserted into the phone, then you have agreed to the service starting (by inserting and activating SIM) and so waive your rights to return under DSR.

gjchester

Herongull wrote: »

Nope! Do your research first.

I did

http://www.out-law.com/page-430#Exceptions

(and also on page 9 of the PDF you linked)
Exceptions to the right to cancel


Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

• for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
• for the supply of audio or video recordings or computer software which were unsealed by the consumer;

Herongull wrote: »

The requirement is that buyers must take reasonable care of the goods. There is no issue with trying them out.

The DSR is to give you the same rights as in a shop, so you can look, touch feel, lick the product. The idea was to stop someone selling something as blue or tiny, when it wasn't and the photography made it look so.

You could not try out a phone in a shop, most don't even have real phones now.

As I said three take a very narrow view of this, it's not one I agree with but that's their view, The only way for anyone to resolve this is to make it a test case.

Herongull

The DSRs actually give you much stronger rights than you get when you buy something in a shop. You have an absolute right to cancel if you are within the cooling period (assuming none of the exceptions apply). You don't get that automatically when you buy something in a shop! In relation to contracts for goods - yes you can try them and still cancel. The Oft guidance is very clear on this. The requirement is to take reasonable care, but even if you don't you can still cancel (but the seller has a right of action against you).

In relation to services, it is correct that there is that exclusion relating to starting the service within the cooling off period.

A mobile phone contract is for goods and services (phone and air time), so this does make things more complicated - see http://www.seqlegal.com/blog/cancellation-conundrums-distance-sales-goods-and-services. I agree a test case may be needed to get full clarification.

But for PAYG or sim only phones (goods only contracts), you can definitely try them out and still cancel.