NEW Three Mobile Phone - No Returned Policy at Store purchased!!

Frozen_up_north wrote: »

As far as I can figure out, the OP seems to have purchased a 7A phone on contract with 30GB of data and unlimited mins.

If that's the case, the phone part of the contract is around £400... did the OP realise what lousy value that was, and changed their mind at that point?

A 30GB, unlimited mins, 12 month SIM only from Three is £18/month...

Not quite as bad as £400. If the airtime part is worth £18 per month, then the charge for the phone is £12 per month (£12+£18=£30). £12 x 24 months=£288 for a phone that you buy new on ebay for £100.

But we've all make mistakes.

The main lesson is not to get phone contracts in shops, especially if you haven't researched prices and specs beforehand or they will take advantage of you.

Herongull wrote: »

What I'm saying is that if you buy the phone online, you can open the box and use the phone and still get a full refund (within the 14 day cooling off period) - just don't damage or mark the phone!

Opening the box or using the phone is not a barrier to a full refund but they are entitled to make deductions for damage,

It's not just damaging or marking the product though. It's handling that exceeds what you would be able to do in a shop. So using it for phone calls would come under that. Downloading apps as well probably would. Neither of which you could normally do in a shop. The phone isn't damaged or marked from either of those activities, but they would still be able to deduct from the refund.

Herongull wrote: »

Once you've done the factory reset, all personal information, downloaded apps or information about phone calls is completely wiped. That aspect of the phone is back to its original condition. So as long as you haven't physically damaged it, you are legally entitled to a full refund.

But a factory reset doesn't remove your calls, texts and data usage from Three's system. If it did, nobody would ever pay mobile bills! So they will be well aware you have used it if they look. So 'legally', no you are not entitled to a full refund as factory reset or not, you have still gone beyond what is reasonable. However it is a loophole that could be exploited if you wished to try.

Also, you are now talking about how to get round the law. I was simply correcting your incorrect post that it is only 'damage or marks' that retailers can deduct for. It would be misleading for other people who find this thread, and may not be aware, to believe that is the case.

For example, I buy some flat pack furniture and then build it perfectly when it arrives. I then decide I don't want it so return it. The retailer is unlikely to give me a full refund even though it isn't damaged.

mije1983 wrote: »

But a factory reset doesn't remove your calls, texts and data usage from Three's system. If it did, nobody would ever pay mobile bills! So they will be well aware you have used it if they look. So 'legally', no you are not entitled to a full refund as factory reset or not, you have still gone beyond what is reasonable. However it is a loophole that could be exploited if you wished to try.

Also, you are now talking about how to get round the law. I was simply correcting your incorrect post that it is only 'damage or marks' that retailers can deduct for. It would be misleading for other people who find this thread, and may not be aware, to believe that is the case.

For example, I buy some flat pack furniture and then build it perfectly when it arrives. I then decide I don't want it so return it. The retailer is unlikely to give me a full refund even though it isn't damaged.

I'm sure I won't convince you but I am trying to correct this misunderstanding because it may mislead other people who read this thread.

You DO have to pay for any calls, texts and data you've used on an airtime contract but as long as you return the phone in mint condition, whether or not you've used it (within 14 days as long as you've bought online) you ARE entitled to a full refund on the phone.

If you buy the phone outright, and get a sim only contract, the phone and airtime can came come from different companies. The company you get the airtime from will know about your calls and texts and bill you accordingly but the company you bought the phone from should give you a full refund as long as you haven't damaged the phone as the usage is not something that they can deduct for. When it is the same company for both (eg phone contract), the only deduction is for the cost of the calls, texts in relation to the airtime part and this also applies to sim only contracts.

I'm not talking about getting around the law - this is just your legal right to a refund.

If you look at the T&Cs of the phone companies, they say the same thing! They are not being extra generous and giving you more rights than they need to - this is something they can't get out of.

For example with Three

http://www.three.co.uk/termspdf/14437_Pay_Montly_TCs_Update_v11_11311.pdf

"Returns
If you bought your purchase from Three.co.uk or our Telesales, you can also return your Device or
Accessory and cancel your contract within 14 days of purchase, or, if you!!!8217;ve bought a Device, but didn!!!8217;t
receive it immediately, within 14 days of receiving your new Device or Accessory. If you have entered
into a Three Services agreement without any equipment, you!!!8217;ll have 14 days from the date of your
agreement to cancel.
Very important bits
!!!8226; If you want to return or exchange your Device it must be in an !!!8220;as new!!!8221; condition or you may be charged
for any damage or marks.
!!!8226; You can use our Services (such as calling, texting and using the internet) during the 14 day returns /
exchange period, but you may be charged for any Services you use before cancelling any contract."

Nowhere does it say anything about deductions for using the phone - only for damage and marks (in relation to the device) but obviously they do change you for calls etc in relation to the airtime contract (the services).

"When we say !!!8220;as new!!!8221; we mean the Device, packaging, manual, all Boxed Accessories and any free gifts that
came with the Device are all undamaged and don!!!8217;t have any marks on them."

Later on they talk about issues with opening the packaging on certain items like headsets because of hygiene issues

They are explicitly you telling that it is OK to use the phone to make calls, texts etc during the cooling off period but you will be charged for the cost of the services (eg so much per minute or per text) but there is no suggestion that they will make a deduction for some sort of invisible "damage" to the phone itself caused by using it. If they didn't charge you for calls and texts during the cooling off period and then you cancelled you would have got them for free.

To summarise, you have pay for any services used eg calls, texts etc during the cooling off period for a sim only or phone and airtime contract but they can't make deductions on the value of the phone for the fact that you've used it during the cooling off period only for marks or physical damage.

Herongull wrote: »

I'm sure I won't convince you but I am trying to correct this misunderstanding because it may mislead other people who read this thread.

There is nothing to convince me of. I'd suggest that people read the legislation so they can see that what you posted below isn't correct.

Herongull wrote: »

they can make a deduction for damage or marks

Damage and marks are NOT the only reasons retailers can make deductions from refunds. Which ever way you spin it, that is not correct. You can quote all the Ts&Cs you want, but companies are able to either abide by the law to the letter, or go above and beyond the minimum. But it's what is the law that is important.


As I posted above

mije1983 wrote: »

For example, I buy some flat pack furniture and then build it perfectly when it arrives. I then decide I don't want it so return it. The retailer is unlikely to give me a full refund even though it isn't damaged.