Terms & Conditions of Sale - Three Ireland (Hutchison) Limited

  1. Who's Who and What's What
    1.1 When we say:
    1. 'we', 'us' or 'our', we mean Three Ireland (Hutchison) Limited, trading as '3';
    2. 'you' or 'your' we mean you, our customer;

1.2 We also have set out below some useful definitions of words we use in these Terms and Conditions of Sale.

  1. About these terms of Sale
    2.1 These terms of purchase set out the conditions relating to the sale and/or supply of Products by us to you via this Website and form the agreement between you and us for Products purchased or supplied from this Website.
    2.2 These terms do not relate to:
    1. the provision of 3 Services to you, these are set out in the Terms for 3 Services. Please note that you will also need to agree to the Terms for 3 Services if you want us to supply you with 3 Services
    2. any products or services you buy while using 3 Services.

2.3 Please note that different terms (including prices, delivery charges and returns policies) sometimes apply differently to transactions in our stores (if any).

  1. Making an Order and Our contract
    3.1 We will only accept orders from within the Republic of Ireland. No orders will be accepted if received from outside the Republic of Ireland. Pay Monthly orders shall only be accepted from persons over the age of 18.
    3.2 Any contract for the purchase or supply of Products made as a result of your order via the Website will be with us. However, we may appoint an agent to collect, on our behalf, the monies for purchase of Products (where applicable) made by you from us on this Website. They will pass your payments on to us.
    3.3 All information displayed on the Website, including prices illustrated for services and/or Products, do not constitute an offer to enter into a contract.
    3.4 When you send an order to us through this Website for services and/or Products, your order represents an offer to us to purchase those services and/or Products selected. We shall not be obliged to accept your order. If we do, your order may be accepted by us when:
    3.4.1 your credit or debit card is debited or other payment method is cleared (it does not include any card authorisation which we may carry out before payment is taken); and
    3.4.2 an email is correctly sent by us to you confirming the order and stating that we have accepted the order to the e-mail address you supplied to us with the order (please note that it is your responsibility to verify that your e-mail mailbox is in proper working order and is able to receive incoming communications - if you have any issues with your e-mail mailbox, you should contact your internet service provider);
    until this time, we may decide to decline your order for any reason and we will not be required to fulfil your order. Any Products and/or services on your order which we have not confirmed as part of your order via e-mail to you, do not form part of our contract with you.
  2. Prices, Payment and Availability
    4.1 All prices and charges on the Website are shown in Euros, include VAT and are subject to change. They do not include any delivery charges which may be payable in addition, these will be shown separately (where applicable).
    4.2 Charges relating to the 3 Services are separate from any charges applicable to the purchase or supply of Products - the charges for 3 Services are indicated in your Price Plan, please see the Price Guide for full details.
    4.3 All Products and/or services (including prices) displayed on this Website are subject to availability.
    4.4 The price of any Products is the price in force at the time of your order.
    4.5 Whilst we try to ensure that all details on this Website are correct and up to date, we cannot guarantee that they are. We try to update this Website as frequently as possible. You must ensure that, prior to placing an order, you have checked all relevant details about the Products and/or services you have selected as their relevant details may have been changed since you last visited this Website.
    4.6 Payment will be taken from you when the confirmation is sent (as set out in paragraph 3.4 above) as part of our acceptance of an order. However, if the Product is temporarily out of stock, your payment will be debited when the Product is ready for delivery.
  3. Delivery
    5.1 Delivery will be made to the home address designated by you.
  4. Care3 Terms
    About Care3 Terms
    6.1 This section of the terms sets out the purchase/supply terms for your Handset, as well as the terms on which we will provide you with our Care3 services for your Handset.
    Purchases
    6.2 If you purchase or are supplied with a Handset from us, you enter into an agreement with us for the purchase or supply of the Handset.
    6.3 You will be responsible for a Handset as soon as it is delivered to you. If you damage or loose the Handset before you have paid for it in full, you will still be required to pay us for the full price of the Handset.
    6.4 If we decide to offer you the option to pay us the purchase price for the Handset in instalments over time:-
    1. we retain title to the Handset until you have paid us all instalments owing on the Handset; and
    2. if you fail to pay your instalments by the due dates, you will be breaking your agreement and we may require you to return the Handset to us or we may take legal or other collection action against you for non payment. This could mean you have to pay our costs and expenses, including legal costs, with interest added daily.

6.5 Handsets which can be used to access 3 Services are locked to our network. Title to the software and the Handset and all intellectual property rights in that software is owned by the Handset manufacturer and you are being allowed to use the software on a limited licence from the Handset manufacturer. During the term of this agreement, you must not permit your Handset to be unlocked via any unauthorised manner (i.e. by anyone other than us or the Handset manufacturer) because this involves securing access to the software which is not authorised by the Handset manufacturer. You must contact us if you want your Handset to be unlocked from our network. If you contact us to request your Handset be unlocked from our network, we will arrange for your Handset to be unlocked in an authorised manner, and any charge for this will be given in the Price Guide for 3 Services. We will do this provided you own the Handset and you ensure that there are no outstanding amounts owing on your account with us. If the Handset price paid by you is less than the full retail value of the Handset and you have only had your Handset for less than twelve months, we will not unlock the Handset until you have paid the difference between your purchase price and the full retail value. Prior to us arranging for your Handset to be unlocked, you must ensure that you backup or otherwise store separately any of your information or other data on the Handset which you may require, as this may be lost during the Handset unlocking process. We are not responsible for any information or other data which may be lost during the Handset unlocking process.

Warranty
6.6 The manufacturer of your Handset has provided you with a warranty against defects in materials and workmanship for a period of twelve months from purchase. Further details of the manufacturer's warranty can be found in your Handset Box. This warranty is in addition to your legal rights.
6.7 We only act as the manufacturer's agent for the purposes of processing any warranty claims. We are not the manufacturer of the Handset and the manufacturer is the company referred to in the manufacturer's warranty documentation.
6.8 You must notify 3's customer services if you wish to make a warranty claim.

Stored data
6.9 If you return your Handset, you will be responsible for removing all content, messages, information and any other data from the SIM and Handset prior to its return.

14 day money back guarantee

6.10 If you are eligible to avail of the 14 day money back guarantee ("the policy"), you may only terminate the agreement by returning your device and original boxed accessories, along with your proof of purchase, within 14 days of receipt of your device ("the 14 day period").
6.11 This policy only applies to customers who have experienced verifiable network coverage issues as confirmed by H3G. For more information, please see three.ie/coverage.
6.12 In circumstances where you are deemed eligible to avail of this policy, you must return the device together with all accessories and any accompanying items within the 14 day period. Incomplete or late returns will not qualify for refunds and you will be obliged to fulfil your Agreement with us if returns are late, incomplete or both. The device, accessories, any accompanying items and the SIM pack must be returned in as new or as sold condition.
6.13 You will be liable for the cost of returning the device and original boxed accessories. 3 strongly advise you to return the device and original boxed accessories via registered post and to obtain a Receipt for Payment as you will be liable to reimburse 3 for the cost of the device if 3 do not receive the device from you for any reason within the 14 day period. You are advised to keep the Receipt For Payment until your refund has been processed. You will be liable for any usage made during the period prior to successful termination of the contract under the 14-Day Money Back Guarantee.
6.14 Dial 1913 free from your handset or any landline and 3 will advise you of how to obtain a full refund. (Please note the policy doesn’t apply to existing Pay Monthly customers who choose, where allowed by 3, to upgrade their mobile.) If you’re eligible to return your device under the policy and have used any 3 Services during the 14 days, we’ll, of course, have to charge you for them. Pay Monthly customers might receive up to two bills after closing your account, depending on what your billing date is. If you are a 3Pay customer any unused credit or allowance remaining on your account will be forfeited.
6.15 If your device has been damaged since you received it, this guarantee won’t cover you. To get your full refund under the policy, you must return your mobile along with the original boxed accessories, documentation and proof of purchase. Dial 1913 free from your handset or any landline and 3 will advise you of how to obtain a full refund. Your refund for your device will be in the same form as your original payment.
6.16 H3G's 14 day money back guarantee is in addition to and does not affect your statutory rights including your rights as a consumer under the European Communities (Protection of Consumers in Respect of Contracts made by means of Distance Communications) Regulations 2013.

  1. Limits on our liability
    7.1
    All of our obligations to you relating to the purchase or supply of Products and/or services via the Website are set out in your agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.
    7.2 Except as set out in paragraph 7.3 below:-
    1. all other terms, conditions and warranties relating to the products and/or services purchased or supplied via the Website are excluded;
    2. our entire liability to you for something we do or don't do will be limited to £3,000 for one claim or a series of related claims; and
    3. we are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of the Products and/or services. We are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.

7.3 Nothing in this agreement removes or limits our liability for fraud, or personal injury caused by our negligence or for any liability which can't be limited or excluded by applicable law. Your statutory rights are not affected.

  1. Alteration of service or amendments to terms and conditions
    We reserve the right to make changes to our website and these terms and conditions of sale/supply at any time and the most up to date terms and conditions of sale will always be displayed on the Website. You will be subject to the terms and conditions of sale/supply in force at the time that you use the Website or that you order Products from us and therefore you should check these prior to placing an order as they may have changed since you last visited the Website. If any of these conditions is deemed invalid, void or for any reason non enforceable, that condition will deemed severable and will not affect the validity and enforceability of any remaining conditions.
  2. Events beyond our reasonable control
    We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
  3. Waiver
    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
  4. Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of Republic of Ireland. You agree, as we do, to submit to the exclusive jurisdiction of the Irish courts.

Useful Definitions

3 Customer Services:
our service team who are available to help you with your queries. They can be contacted by calling 1913 or by email to customer.services.ie@3mail.com.

3 Services: the services offered by us (as further explained in the Terms for 3 Services).

Accessory/Accessories: any battery, battery charger, stylus, handset case, portable hands free, USIM or consumable item (items which are regularly replaced) or any other item that may facilitate the use of your Handset.

Boxed Accessories: all Accessories that you receive as part of the original packaging of your Handset.

Cancellation Fee: a fee charged if we end the agreement to provide you with 3 Services under the Terms for 3 Services due to your conduct or if you end your agreement within its minimum term. This fee may cover (without limitation) our administrative costs, costs incurred by us in Connecting and Disconnecting the 3 Services and our payments to operators, network providers, stores or agents.

Care3 Terms: means the purchase term for your Handset which include the terms upon which we will provide you with our Care3 services for your Handset.

Connection: the procedure by which 3 gives you access to 3 Services. 'Connected', 'Connecting' and 're-Connection' have corresponding meanings.

Disconnection: the procedure by which 3 stops your access to 3 Services. 'Disconnected' and 'Disconnecting' have corresponding meanings.

Handset: the device or mobile handset that is authorised by us for Connection to the 3 network and is used to access 3 Services, excluding all accessories.

Handset Box: the package delivered to you containing the Handset, SIM, Terms for 3 Services, the terms for Care3 and anything else required to be delivered to you.

Pay Monthly: means the provision by us of access to a use of 3 Services which are paid for upon receipt of periodic bills sent by us.

Price Guide: the document that sets out the Price Plans, our current Charges and related details for the provision of 3 Services, including any Minimum Term and payment commitments.

Price Plan: our current price plans set out in the Price Guide for the provision of 3 Services, as well as any other price plans we may introduce in the future. There may be more than one price plan offered to you and you will be required to select one before you are Connected to 3 Services. The price plans may be amended or withdrawn from time to time, and can be requested from 3 Customer Services.

Products: means the items being sold or supplied to you by us via this Website (such as Handsets and Boxed Accessories) but, for the avoidance of doubt, does not include the provision of 3 Services.

Terms for 3 Services: means the terms that governs the supply of our 3 Services.

ThreePay: means the provision by us of access to and use of 3 Services which are paid for in advance via a ThreePay voucher purchase from us.

Website: means 3's online retail store available at 3ireland.ie

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