Distance Selling
Part A – Applicable to customers connecting to the Three network with or without a Device supply from Three
1. Cancellation Right – Bill Pay and Prepay customers
1.1 You have the right to cancel this contract within 14 days without giving any reason.
1.2 The cancellation period will expire after 14 days from today’s date where you have agreed to connect to Three services but have not ordered a Device (any phone or broadband device), from Three. Where you have ordered a device your cancellation period will expire 14 days after you receive your Device or where equipment installation is required e.g. where your price plan requires technician installation of Fixed Wireless Access equipment for mobile broadband services, the cancellation period will expire 14 days after any such equipment is installed.
1.3 To exercise the right to cancel, you must inform us at one of the contact addresses/numbers given below of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the below cancellation form but it is not obligatory.
1.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
2. Effects of cancellation
2.1 If you cancel this contract, we will reimburse to you all payments received from you, including any deposit and the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract, subject to you sending the goods back or evidence of having done so.
2.2 We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods to:
Three Customer Services
Three Ireland Services (Hutchison) Limited, PO Box 333,
Dublin 2
Ireland.
without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
2.3 You will bear the direct cost of returning the goods. You will be liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning. You will be responsible for any damages to the device due to incorrect or inadequate packaging while it is in transit or if you have personally arranged its transport. If you request to begin or you begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
Cancellation Form
To: Three Ireland (Hutchison) Limited, 28/29 Sir John Rogerson’s Quay, Dublin 2
Email::https://www.three.ie/contact-us/contact/
or
I/We [_____________________] hereby give notice that I/We [_____________________] cancel my/our [_____________________] contract of sale of the following goods[_____________________]/for the provision of the following service [_____________________], Ordered on [_____________________]/received on [_____________________], Name of consumer(s), Address of consumer(s),
I confirm that I have in this notice advised Three Ireland (Hutchison) Limited of any ancillary contracts to be cancelled.
Signature of consumer(s) [only if this form is notified on paper],
Date
Three Customer Services
Three Ireland (Hutchison) Limited
28/29 Sir John Rogerson's Quay
Dublin 2
Contact No. 1913 or from abroad: +353 83 333 3333
Email: https://www.three.ie/contact-us
3. Devices
3.1 Where we have provided you with a Device your Device as delivered complies with any description provided by us. Your Device is fit for the purposes for which telecommunications goods of the same type are normally used and the quality and performance of your Device are satisfactory given the nature of the Device. Any required software and/or security updates for your Device will be issued by the manufacturer directly to your Device and you are advised to accept these updates to maintain the Device in conformity with the contract for the Device.
3.2 The Services are only used with Devices approved for use with the Three Network. The manufacturer of your Device has provided you with a warranty against defects in materials and workmanship for a period of at least 12 months from purchase. The manufacturer’s warranty is in addition to your legal rights.
3.3 Where we have provided you with a Device which you return further to these terms, you will liable for the diminished value of the Device where you have failed to remove any installed form of lock code or other security on the Device to restore it to factory settings prior to returning it, including but not limited to Be it, device locked, finger print locked, Google Locked in the case of Android devices or Find My iPhone locked in the case of Apple devices.
For further information please see the following;
Android Devices: Remove Google Account - https://support.google.com/accounts/answer/32046?hl=en
Apple: Remove Find My iPhone - https://support.apple.com/kb/PH2702?locale=en_US
4. Bill Pay customers only
4.1 Where you have agreed to pay a deposit, the following terms and conditions relating to deposits will apply only where you do not exercise your right to cancel within 14 days.
4.2 We will refund your deposit after six months if your bills have been paid fully and your services have not been suspended by us for any reason. If you fail to meet the conditions for a refund, we may hold on to your deposit and offset it against any unpaid bills.
4.3 If we disconnect you or suspend your services for any reason, we may also hold on to your deposit and offset it against any unpaid bills. Your deposit will be refunded to your account. We do not pay interest on deposit payments.
4.4 You agree to pay all Charges (whether you use the SIM card or not), due under your agreement. These Charges may cover (without limitation) fixed periodic charges, including your monthly recurring charge which you acknowledge has been explained to you, usage charges (for example, charges for out of bundle services (services not included in your price plan allowance or used after you have used up your allowance) or additional services as set out at: www.three.ie/legal/pricing/
4.5 If you are a Bill Pay customer, the minimum price for the services provided under this Agreement is the cost of your monthly recurring charge during the Minimum Term. If you have agreed to extend your Minimum Term with or without a new Device, you must complete any unexpired remainder of your existing Minimum Term before your new Minimum Term commences. When your Minimum Term has expired, we will supply you with Three Services until advise you us that you wish to cancel this Contract. If you wish to cancel this Contract after your Minimum Term has expired, you can end your Contract by giving 30 days written or phone notice to us via 1913 and no cancellation fees will apply.
4.6 Minimum Term: If you are a Bill Pay customer and cancel your Contract during the Minimum Term you agree to pay a cancellation fee calculated in accordance with the general terms for Three services set out above. Please note that this cancellation fee will not apply for cancellations you make within 14 days of entering into this Contract. The cancellation period will expire after 14 days from today’s date where you have agreed to connect to Three services but have not ordered a Device from Three. Where you have ordered a Device your cancellation period will expire 14 days after you receive your Device. Cancellation of this Contract by you outside of this 14 day cancellation period will incur a cancellation fee.
4.7 Billing: If you are a Bill Pay customer your monthly bill is available in electronic or paper format. If you are a new customer you are defaulted to electronic billing but you may choose a paper bill. When you have electronic billing you are notified by text or email when your bill is available through your online account on www.three.ie. This is a secure area where you can view and print bill in pdf file format. The last 12 months bills will be available. The online account area is also available when you are on a paper bill. If you have any difficulties contact us through our online Forum at any time.
5. Prepay customers only
5.1 If you are a Prepay customer, your credit or allowances contained in any Prepay voucher or Add-on (as applicable) will be reduced each time you use or incur Charges for Three Services. If your account balance drops below zero, you will not be able to access Three Services and you will need to purchase and activate a Prepay voucher or Add-on to access Three Services. You may only use Prepay vouchers and Add-ons to obtain credit or allowances for access to Three Services. Prepay vouchers, Add-ons and any credit or allowance on your account are not redeemable for cash under any circumstances. Prepay vouchers and Add-ons must be activated on your account during the validity period specified on www.three.ie or other customer documentation.
You must select your preferred price plan when connecting to Three. You must top up by your plan charge or more in one go to trigger the price plan by means of any of the methods made available by Three from time to time and may thereafter use the service for a certain fixed period as advised by Three from time to time. If you Top Up by less than your plan charge e.g. for 3 Prepay 20 where you top up by less than €20, credit will be applied to your account.
This credit can be used for services not represented in the plan allowances. The amount of the credit will reduce as a result of the service being used
according to charges as set out at https://www.three.ie/legal/pricing/
Unused credit shall expire 180 days following voucher activation or application of credit to your account, except for promotional credit which shall have a 30 day expiry.
5.2 Please note that if you are on any of the following price plans – 3 Prepay 15, 3 Prepay Hero, 3 Prepay 20 or 3 Prepay 30 that when you top up by an amount equal to or greater than your plan charge in one go, this will activate your plan benefits. A Top Up by an amount equal to or greater than your plan charge within an existing 28 day plan benefit period will lead to the immediate activation of a new 28 day plan period and any remaining allowances will not be carried over to the new 28 day benefit period. For example, if you are on 3 Prepay 20, when you Top Up by €20 or more in one transaction your plan benefits will activate. This €20 charge will apply each time you Top Up by €20 or more in one transaction.
5.3 If you need to Top Up again during your 28 day plan benefit period, it is recommended that you Top Up by less than the minimum amount if you want to retain the plan benefits for your existing 28 days Plan period. i.e. €5 or €10 Top Up. A top up by an amount less than your plan charge will lead to credit being applied to your account, which can be used for services not included in your plan benefits, including the purchase of Add-ons.
5.4 A top up by €20 or more within an existing 28 day plan benefit period will re-activate the plan and a new 28 day plan benefit period will commence. No remaining allowances will carry over to the new 28 day benefit period which will start immediately.
5.5 Unlimited elements of the 3 Prepay 15, 3 Prepay Hero, 3 Prepay 20 and 3 Prepay 30 plans are subject to a fair usage policy where they are part of your plan. Any Network Texts have a fair usage policy limit of 3,000 texts for use within the Republic of Ireland and the EU (when roaming in the EU) for the 28 day period succeeding your top up. Any Network minutes have a fair usage policy limit of 10,000 minutes for use within the Republic of Ireland and the EU (when roaming in the EU) for the 28 day period succeeding your top up. Unlimited Three to Three calls: subject to fair usage policy of 3,000 minutes per 28 day period succeeding your top up and are for ROI to ROI calls only. These allowances apply for the 28 day period succeeding your top up only. Out of bundle charges apply to exceeding your fair usage.
6. Contractual Speeds – Bill Pay and Prepay customers
6.1 The estimated maximum upload and download speeds achievable at least once in any 24 hour period in realistic usage conditions (the “Contractual Estimated Maximum Upload and Download Speeds”) under your agreement(per technology) made available by Three Ireland (Hutchison) Limited and Three Ireland Services (Hutchison) Limited are as follows:
Technology |
Estimated max. (download) |
Estimated max. (upload) |
||||||
3G |
2.5 Mbps |
0.49Mbps |
||||||
4G |
10 Mbps |
2.8Mbps |
||||||
5G |
25 Mbps |
5 Mbps |
||||||
Technology |
Maximum |
Maximum |
Minimum |
Minimum |
Normally Available |
Normally Available |
||
Fixed Wireless |
150 Mbps |
20 Mbps |
25 Mbps |
2 Mbps |
100 Mbps for |
10 Mbps for |
||
6.2 Further information is available at: www.three.ie/legal/terms/mobile-network-speeds
7. Delivery, Further queries and Your Information
7.1 Mobile Phone Orders
Orders confirmed before 4 pm Monday - Thursday: Delivery next day. Orders confirmed after 4 pm: Delivery will normally be within 2 working days. Please note that these timelines do not apply to the pre ordering of new devices. Mobile phone orders will be delivered by our courier company.
7.2 Broadband Orders
Delivery will be within 4 working days from today and will be delivered with your regular post. If your application has been accepted subject to you making a prepayment, your prepayment will be applied as a credit balance to your account and usage will be deduced from that credit balance until it has been used up.
8. Any questions?
Just check the Frequently Asked Questions at: https://www.three.ie/support/
Three Customer Services,
Three Ireland (Hutchison) Limited, 28/29 Sir John Rogerson's Quay,
Dublin 2, Ireland.
Eircode: D02 EY80
Contact No. 1913 or from abroad: +353 83 333 3333
Email: https://www.three.ie/contact-us/contact/
9. Your Information
We will process personal data relating to you in accordance with the requirements of Irish and EU Data Protection law, as outlined in our Privacy Notice, available on our website at http://www.three.ie/TIHL-Privacy-Notice/. If the contact details provided by you are not your contact details, please notify us.
Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude or (as the case may be) Limit. These terms and conditions and the Contract are subject to Irish law.
10. Code of Practice and Dispute Resolution
10.1 We will investigate any complaint you may have in accordance with our complaints handling policy, after which we will contact you with the results. Our complaints handling policy is detailed here http://www.three.ie/explore/about-three/code-of-practice/
10.2 Three’s dispute resolution procedure is also set out at https://www.three.ie/legal/policies/code-of-practice/
10.3 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Part B Applicable to Customers purchasing lifestyle goods(products) only from Three with no connection to the Three network.
1. Cancellation Right
1.1 You have the right to cancel this contract within 14 days without giving any reason.
1.2 The cancellation period will expire after 14 days after you receive your goods.
1.3 To exercise the right to cancel, you must inform us at one of the contact addresses/numbers given below of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the below cancellation form but it is not obligatory.
1.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
2. Effects of cancellation
2.1 If you cancel this contract, we will reimburse to you all payments received from you, including any costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract, subject to you sending the goods back or evidence of having done so. As only one delivery fee is charged for the entire order, for any multi-orders all items must be returned under your statutory cancellation rights if you are to receive a refund of delivery charges.
2.2 We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods to:
Three Customer Services,
Three Ireland (Hutchison) Limited
PO Box 333,
Dublin 2,
Ireland.
without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
2.3 You will bear the direct cost of returning the goods, including any goods which cannot be normally returned by post. You will have to bear the direct cost of returning the goods. For any goods which cannot be handed over the counter at the post office, the cost of return for you is estimated at the following page https://www.three.ie/pdfs/legal/return-costs.pdf You will be liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning. You will be responsible for any damages to the goods due to incorrect or inadequate packaging while it is in transit or if you have personally arranged its transport.
Cancellation Form
To: Three Ireland (Hutchison) Limited, 28/29 Sir John Rogerson’s Quay, Dublin 2
Email:https://www.three.ie/contact-us/contact/
or
I/We [_____________________] hereby give notice that I/We [_____________________] cancel my/our [_____________________] contract of sale of the following goods Ordered on [_____________________]/received on [_____________________], Name of consumer(s), Address of consumer(s),
I confirm that I have in this notice advised Three Ireland (Hutchison) Limited of any ancillary contracts to be cancelled.
Signature of consumer(s) [only if this form is notified on paper],
Date .
3. Goods
3.1 Your Goods as delivered comply with any description provided by us. Your Goods are fit for the purposes for which goods of the same type are normally used and the quality and performance of your Goods are satisfactory given the nature of the Goods.
3.2 The manufacturer of your Goods has provided you with a warranty against defects in materials and workmanship from date of purchase of a minimum period of 12 months. The manufacturer's warranty is in addition to your legal rights.
3.3 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.4 The price of the product (which includes VAT) will be the price indicated when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However, in the rare situation where some of the products we sell may be incorrectly priced, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
4. Delivery, Further queries and Your Information -
4.1 Customer Information: Goods Orders:
4.1.1 Orders confirmed before 4 pm Monday - Thursday: Delivery next day. Orders confirmed after 4 pm: Delivery will normally be within 2 working days. Please note that these timelines do not apply to the pre ordering of goods. Goods orders will be delivered by our courier company.
4.1.2 If our supply of the products is delayed by an event outside our control, we may contact you to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by any such events.
4.2 If you select collection in a Three store, the goods will be available for collection from the date your order is confirmed.
4.3 Any goods provided by us will be your responsibility from the time we deliver the product to the address you gave us. You own any product provided by us under this contract once we have received payment in full.
4.4 Any questions?
Just check the Frequently Asked Questions at http://three.ie/support
Three Customer Services,
Three Ireland (Hutchison) Limited, 28/29 Sir John Rogerson's Quay, Dublin 2, Ireland.
Eircode: D02 EY80
Contact No. 1913 or from abroad: +353 83 333 3333 Email:https://www.three.ie/contact-us/contact/
4.5 Your Information: We will process personal data relating to you in accordance with the requirements of Irish and EU Data Protection law, as outlined in our Privacy Notice, available on our website at http://www.three.ie/TIHL-Privacy-Notice/.If the contact details provided by you are not your contact details, please notify us.
5. Code of Practice and Dispute Resolution-
5.1 We will investigate any complaint you may have in accordance with our complaints handling policy, after which we will contact you with the results. Our complaints handling policy is detailed here http://www.three.ie/explore/about-three/code-of-practice/
5.2 Three's dispute resolution procedure is also set out at https://www.three.ie/legal/policies/code-of-practice/ These terms and conditions and the Contract are subject to Irish law.
5.3 Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation or for any other liability that we are not permitted by law to exclude. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.