to three which has been used in the 14 days from ordering from telesales. I don't like the software and it's buggy. If I do a system restore do you think they would know it's been used?

When I inserted the SIM can they tell at their end that the fone has been used by this method?

Thanks

They will know, as you inserted the sim and used the phone. Afaik the phone must still be 100% unused, before the accept the return.

The normal Distance Selling Regulations & Sale of Goods & Services Act still apply whatever a company may say. If you have bought any item (not just a phone) from telesales then under the DSR you have 7 working days after delivery to tell them that you want to return it for a full refund. If the software is buggy then the item is not Fit for Purpose or Not of the Quality Expected then the SoGaS Act applies & again you are entitled to a full refund.

^^ I'm not knocking you for posting it at all, but there is always someone who trots it out every single time, you can set your watch by it.

That Martin Lewis gimp has a lot to answer for.

What is wrong with facts so people know where they stand on things?

Buggy software on a phone? Yes! Take it back for a full refund - whereas in reality you'd be looking for a software update wouldn't you?

I would.

If the o/p has already tried that then fine, no problems, however I didnt see that point made.

They said that they didn't like it as well so they can get a refund on it

Time.

Also SOGA doe not say you are entitled to a refund under every circumstance. If you have been deemed to have accepted the goods (as might be the case if you have used them for several days) then a refund may not be the automatic remedy. A repair or replacement could be offered first.

Plenty of useful info here

http://www.oft.gov.uk/business-advic.../sogaexplained

The OP hasn't actually told us how many days it is since he received the phone just that it is still within the 14 days that Three have in their T&Cs (which are in breach of the DSRs as they insist that to be eligible for return the phone should not have been used) http://www.three.co.uk/Support/Device_support/Returns

That doesn't sound in breach of the DSRs. The DSRs are intended to provide the same opportunity to inspect the goods that you would have in a shop. This does not necessarily extend to using the goods.

If you wouldn't normally be able to use the goods in a shop before purchasing then the DSRs won't cover the return of such a used item.

Under the DSRs you have a duty to take reasonable care of the goods that you are returning but you are quiet entitled to unwrap them & test them. Some retailers will try & insist on their own T&Cs but these can never overrule your legal rights. Many retailers are deeply reluctant to abide by the DSRs & will try every trick to try & wriggle out of their responsibilities. Here are a couple of excellent overviews on the subject http://www.out-law.com/page-430 http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

In any case you would normally be able to test out a phone in the shop even if it is a display model. How on earth are you to evaluate it otherwise?

They're not.

Like all retailer-specific returns periods etc, that's in addition to any statutory rights the customer has.
The fact that Three happen to offer a longer returns period that has specific conditions attached has nothing to do with DSRs.

OK, I see what is happening here. The DSRs allow you 7 working days after delivery to inform the retailer that you wish to return the item which can be unwrapped, inspected & used. In addition Three offer a return period of 14 days (start date not specified but we must assume delivery date) during which you can return the phone provided that it has not been unwrapped, inspected or used. These conditions are in conflict with the DSRs for at least the first 8 days of that 14 day return period.

Not really - the DSRs would just take precedence during the overlap.

Also, with regards to the DSRs, 7 working days can actually be as much as 11 days depending on exactly when the item is delivered.

The conflict is that Three are giving the impression that their rules apply (as indeed the OP assumed) & not the DSRs.

That's not the full story on many counts. For example,

There are exceptions to the DSR. One of those is that your right to cancel ends when a service associated with the purchase commences. Also, you could have up to three months to cancel, depending on how the retailer had communicated your rights.

I believe the phrase you were looking for in relation to the bugs is: Not of merchantable quality.