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  • FIRST POST
    • SuQuestions
    • By SuQuestions 6th Aug 18, 10:57 PM
    • 7Posts
    • 2Thanks
    SuQuestions
    NEW Three Mobile Phone - No Returned Policy at Store purchased!!
    • #1
    • 6th Aug 18, 10:57 PM
    NEW Three Mobile Phone - No Returned Policy at Store purchased!! 6th Aug 18 at 10:57 PM
    @Three UK,I just purchased a 2 yrs contract phone from them 5 days ago. I hate the handset after only using it for 1 day. I went back to the shop to change it to an even higher contract but I was refused. I've been with them for 4 yrs. & I'm flipping disappointed and not happy at all! They said that because I bought it from the store, they have no return policy. If I had purchased it online then they have a 14 days return policy or even cancel it! OMG! If I had only known about it!! I have just checked their policy online here. For crying out loud! Why don't they have the same policy for the whole company! If you know of any legal advice you can give me, I would be most appreciated. Thank you.
    three. co. uk/ terms - conditions/ returns - and - exchange - policy
    Last edited by SuQuestions; 06-08-2018 at 11:02 PM.
Page 2
    • mobilejunkie
    • By mobilejunkie 7th Aug 18, 6:08 PM
    • 7,821 Posts
    • 2,550 Thanks
    mobilejunkie
    That's the reasons why I hate the phone. I wanted to change it.
    Originally posted by SuQuestions
    You will obviously keep going in the hope you'll get someone to give you the incorrect answer you desire. Your thread headline says far more about your own ignorance of the law and carelessness with money than it accurately reflects the company's completely fair treatment of you.

    Take responsibility and recognise that the time to find it out was before you entered into a legal contract. It's up to whether you choose to take that step with your eyes open or closed.
    • Colin_Maybe
    • By Colin_Maybe 7th Aug 18, 6:41 PM
    • 2,514 Posts
    • 1,231 Thanks
    Colin_Maybe
    I hate the handset after only using it for 1 day.
    by SuQuestions
    At no point in the sale pitch when I was looking around in the store that the sales person said to me I can not return the phone if I don't like it.
    That's the reasons why I hate the phone. I wanted to change it.
    I was assured that I can replace the phone through their customer service if the phone is not working very well - which it doesn't. It is very slow and keeps freezing all the time.
    You made that last bit up didn't you, come on, admit it now.
    • keith1950
    • By keith1950 7th Aug 18, 7:12 PM
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    keith1950
    As Colin_Maybe says, the OP is making this up as she goes along.
    Firstly she doesnt like the phone , next thing its faulty.

    Secondly she is trying to justify that it should work ok whereas , in fact, through ignorance , she has bought a budget phone that is available for 140 elsewhere.
    If she had done any research at all she would have known it was a budget phone and steered clear.
    I suppose she thinks that retailers have to accept returns on clothes etc. Many do but legally they dont have to, but there is a bit of a difference between a 10 blouse and mobile phone.
    As I previously said I dont think that they should even have to accept returns on onlines sales without some sort of charge for customer ignorance.
    Many other industries charge a restocking fee so why shouldnt they.
    You say I should keep my mouth shut before judging anybody......that would be good advice for yourself given your statement in the original post....OMG....just says it all.
    Last edited by keith1950; 07-08-2018 at 7:21 PM. Reason: Misread
    • glentoran99
    • By glentoran99 7th Aug 18, 7:16 PM
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    glentoran99
    As Colin_Maybe says, the OP is making this up as she goes along.
    Firstly she doesnt like the phone , next thing its faulty.
    Secondly she said she didnt realise that she couldnt return it and then says that a staff member said she could.
    Thirdly she is trying to justify that it should work ok whereas , in fact, through ignorance , she has bought a budget phone that is available for 140 elsewhere.
    If she had done any research at all she would have known it was a budget phone and steered clear.
    I suppose she thinks that retailers have to accept returns on clothes etc. Many do but legally they dont have to, but there is a bit of a difference between a 10 blouse and mobile phone.
    As I previously said I dont think that they should even have to accept returns on onlines sales without some sort of charge for customer ignorance.
    Many other industries charge a restocking fee so why shouldnt they.
    You say I should keep my mouth shut before judging anybody......that would be good advice for yourself given your statement in the original post....OMG....just says it all.
    Originally posted by keith1950


    think you misread that, the staff member didn't say they couldn't, that doesn't mean they said they could
    • keith1950
    • By keith1950 7th Aug 18, 7:58 PM
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    keith1950
    The OP obviously didn't do any research....even if she had just checked at Three themselves she could have got a much better deal.
    She appears to have bought an Honor 7A which Three themselves only charge 139 on Pay As You Go.
    A quick look would have found the Razer phone which Three sell on Pay As You Go for 599 and it's a much better phone.....it might not have the looks but technically it's specs are up there with the Samsung S9 and top iPhones .
    • pmduk
    • By pmduk 7th Aug 18, 9:22 PM
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    pmduk
    People like to trust phone store staff, sadly.
    • Herongull
    • By Herongull 7th Aug 18, 10:07 PM
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    Herongull
    It looks like you can get this phone 100 new in the UK eg
    https://www.box.co.uk/Honor-7A-Dual-SIM-UK-Smartphone_2332625.html?gclid=CjwKCAjwhqXbBRAREiwA ucoo-7qobnqDzJaAFqP7NH_wigM8EJQa0pYZ-srz7x4MPMHHPdOKo0NL3RoCSqcQAvD_BwE

    So if your phone is unlocked, maybe you could sell it for about 70 as a nearly new phone in mint condition on ebay?

    Then go and buy a phone you do like.

    You are still stuck with paying 30 a month for 2 years for the contract whereas an equivalent sim only contract might cost less than 10 per month (depending on what sort of allowance you are getting).

    It is not normally good value to get a phone contract from a shop - buy the phone and contract separately online. You can get cheap sim only contracts using comparison sites like Uswitch. This way you will have 14 day cooling off periods for both the phone and the contract. Sim only contracts are not normally longer than 12 months (and there are some good rolling 1 month deals) so you are never locked in for too long if your requirements change.

    This is too late this time but in two years time you will know what to do.

    Everyone makes mistakes but at least you won't make the same mistake again.
    Last edited by Herongull; 07-08-2018 at 10:08 PM. Reason: typo
    • glentoran99
    • By glentoran99 8th Aug 18, 12:39 PM
    • 5,476 Posts
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    glentoran99
    It looks like you can get this phone 100 new in the UK eg
    https://www.box.co.uk/Honor-7A-Dual-SIM-UK-Smartphone_2332625.html?gclid=CjwKCAjwhqXbBRAREiwA ucoo-7qobnqDzJaAFqP7NH_wigM8EJQa0pYZ-srz7x4MPMHHPdOKo0NL3RoCSqcQAvD_BwE

    So if your phone is unlocked, maybe you could sell it for about 70 as a nearly new phone in mint condition on ebay?

    Then go and buy a phone you do like.

    You are still stuck with paying 30 a month for 2 years for the contract whereas an equivalent sim only contract might cost less than 10 per month (depending on what sort of allowance you are getting).

    It is not normally good value to get a phone contract from a shop - buy the phone and contract separately online. You can get cheap sim only contracts using comparison sites like Uswitch. This way you will have 14 day cooling off periods for both the phone and the contract. Sim only contracts are not normally longer than 12 months (and there are some good rolling 1 month deals) so you are never locked in for too long if your requirements change.

    This is too late this time but in two years time you will know what to do.

    Everyone makes mistakes but at least you won't make the same mistake again.
    Originally posted by Herongull

    unfortunately its not as simple as that, once its opened and used you aren't getting a full refund online or not
    • Frozen_up_north
    • By Frozen_up_north 8th Aug 18, 2:19 PM
    • 1,587 Posts
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    Frozen_up_north
    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...
    • Herongull
    • By Herongull 8th Aug 18, 2:59 PM
    • 1,304 Posts
    • 735 Thanks
    Herongull
    unfortunately its not as simple as that, once its opened and used you aren't getting a full refund online or not
    Originally posted by glentoran99
    If you buy online or by phone, yes you can!

    This is because you have additional rights when you buy things at a distance compared with buying in shop (Distance Selling Regulations).

    You have to take good care of the item and return it in undamaged condition otherwise they can make a deduction for damage or marks but you can certainly open it and use it.

    In relation to a contract, you can also make calls and texts and still cancel within the 14 day cooling off period but they can charge you for the calls, texts and data used when you cancel.
    • mije1983
    • By mije1983 8th Aug 18, 3:06 PM
    • 3,543 Posts
    • 20,094 Thanks
    mije1983
    unfortunately its not as simple as that, once its opened and used you aren't getting a full refund online or not
    Originally posted by glentoran99
    You seem to disagree with glentoran here...

    If you buy online or by phone, yes you can!
    Originally posted by Herongull
    And then agree with them in the next line....

    You have to take good care of the item and return it in undamaged condition otherwise they can make a deduction for damage or marks but you can certainly open it and use it.
    Originally posted by Herongull
    Note glentoran said 'full' refund. Not 'no' refund.


    Also just for info, the DSR were replaced by The Consumer Contracts Regulations a few years ago. However the principle remains the same.

    • Herongull
    • By Herongull 8th Aug 18, 3:08 PM
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    Herongull
    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...
    Originally posted by Frozen_up_north
    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
    • By Herongull 8th Aug 18, 3:30 PM
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    • 735 Thanks
    Herongull
    You seem to disagree with glentoran here...



    And then agree with them in the next line....



    Note glentoran said 'full' refund. Not 'no' refund.


    Also just for info, the DSR were replaced by The Consumer Contracts Regulations a few years ago. However the principle remains the same.
    Originally posted by mije1983
    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,
    • mije1983
    • By mije1983 8th Aug 18, 3:36 PM
    • 3,543 Posts
    • 20,094 Thanks
    mije1983
    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,
    Originally posted by Herongull
    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
    • By Herongull 8th Aug 18, 9:57 PM
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    Herongull
    You should always do a factory reset before returning a phone just to avoid any privacy or security issues - you don't want a phone going back with your account information, emails or any of your other personal stuff on it.

    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.
    • mije1983
    • By mije1983 9th Aug 18, 1:27 PM
    • 3,543 Posts
    • 20,094 Thanks
    mije1983
    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.
    Originally posted by Herongull
    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.
    Last edited by mije1983; 09-08-2018 at 1:30 PM.

    • ballyblack
    • By ballyblack 9th Aug 18, 1:51 PM
    • 3,703 Posts
    • 1,934 Thanks
    ballyblack
    perhaps the original poster may come back on here and tell us any result to clear the matter up
    • Herongull
    • By Herongull 9th Aug 18, 5:59 PM
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    • 735 Thanks
    Herongull
    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.
    Originally posted by mije1983
    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.
    Last edited by Herongull; 09-08-2018 at 6:27 PM. Reason: Additional info
    • Herongull
    • By Herongull 9th Aug 18, 6:32 PM
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    Herongull
    perhaps the original poster may come back on here and tell us any result to clear the matter up
    Originally posted by ballyblack
    Alas not as OP bought his/her phone in shop and doesn't have these rights. None of this helps the OP.

    As sometimes happens, this thread has gone off on a bit of a tangent. I'm just trying to clear up a misunderstanding about refunds when you do buy online.
    • mije1983
    • By mije1983 9th Aug 18, 9:54 PM
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    • 20,094 Thanks
    mije1983
    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.
    Originally posted by Herongull
    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.

    they can make a deduction for damage or marks
    Originally posted by Herongull
    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

    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.
    Originally posted by mije1983
    Last edited by mije1983; 09-08-2018 at 9:59 PM.

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