Terms & Conditions of Sale - Three Ireland (Hutchison) Limited
Who's Who and What's What
When we say:
- 'we', 'us' or 'our', we mean Three Ireland (Hutchison) Limited, trading as '3';
- 'you' or 'your' we mean you, our customer;
We also have set out below some useful definitions of words we use in these Terms and Conditions of Sale.
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
- 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
- any products or services you buy while using 3 Services.
Please note that different
terms (including prices, delivery charges and returns policies) sometimes apply
differently to transactions in our stores (if any).
- 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.
- 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.
5.1 Delivery will be made
to the home address designated by you.
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.
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
- we retain title to the Handset until you have paid us all instalments owing on the
- 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.
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.
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
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.
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.
Limits on our liability
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:-
- all other terms, conditions and warranties relating to the products and/or services
purchased or supplied via the Website are excluded;
- 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
- 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.
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.
- 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.
- 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.
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.
- 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.
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 email@example.com.
3 Services: the services
offered by us (as further explained in the Terms for 3 Services).
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
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
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