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3 mobile phone - false advertising

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  • 24-11-2009 5:38pm
    #1
    Registered Users Posts: 169 ✭✭


    After spending the past few weeks trying (& failing) to buy a moblie phone from three that they advertised at a certain price I have become very anoyed.

    Approximately 3 weeks ago I went into my local 3 store & looked at some of the mobile phones on offer. Upon seing a phone that I liked (INQ Mini) I waited to discuss options with the salesman. However, he was busy so after a few minites I took a copy of their Nov/Dec brochoure and left.

    On page 13 of the brochoure, the phone I liked was available for various prices on either '3Pay', 'Best of Both', or 'Relax'.

    Later - when I had decided on the option I wanted (Best of Both 25 - €9 phone cost & 6 month contract of €25/month) - I called the national number (1800944443) to order this as I was no longer in close proximity to my local store. However, the sales person told me that that particular phone (INQ Mini) wasn't available on Best of Both - only as a special 'bundle deal' on '3pay' for €129.
    Despite my informing the salesperson that the phone was actually advertised on their brochoure as available on 'Best of Both' they would not listen - telling me repeatedly that they know nothing of this offer and that the phone was not available. They went on to advise me several times & quite forceably that the '3Pay' offer was a very good offer and that I should order it straight away as it was on limited availability......even though I didn't want a phone on '3pay'. I kindly refused & advised him that I would wait a few weeks as I was confident that the INQ Mini would be available very soon on 'Best of Both'. The sales assistant was reluctant to let me go at that, insisting that it would not be availible on Best of Both and that I was missing out on the '3Pay' offer.

    I called back later last week, and needles to say the (new) salesperson I spoke to told me that the INQ Mini was available on Best of Both (Surprise surprise).
    However (& this is when I began to get really peeved) - I was informed that the cost of the phone was €39 on the 'Best of Both 25' option. This was a 'Special Christmas Price' as I was being told. I again had to point to their Nov/Dec Brochoure and tell them that the phone was advertised for €9 on Best of Both 25...how could their 'special Christmas Price' be €30 more expensive than the (earlier but still valid) Brochoure price? He didn't seem to be able to answer me, putting me on hold several times before eventually promising to call me back within 30 minutes & hanging-up. I received no call back.

    The next day I decided to call again. Again the salesperson (different than the other 2) insisted that the INQ mini was only available for €39 on 'Best of Both 25'. He did not know of any brochoure. When I offered to scan & e-mail him the page of the brochoure he told me that he couldn't receive external e-mails. When I offered to fax it to him he told me that he couldn't receive direct faxes, and if I did fax it probably wouldn't receive him. Eventually, after putting me on hold again several times, he also promised to call me back in 30 minutes then hung-up.

    30 minutes later I received the call back. I thought - at last some common sense, they are going to give me the phone for the price in their brochoure....Fat Chance. The salesperson told me that the phone was €39 on 'Best of Both 25' but I could get it on the 'Relax 90' option for €9. Remaining calm & polite, as I had done throughout all the phone conversations, I told him no thanks and hung up.

    This has left me feeing very dispondant for a number of reasons;

    1 - Three advertised their phone for a plan that actually wasn't avaialable at first.
    2 - When it did become available, it was €30 more expensive than the earlier (but still valid) advertised price.
    3 - Their salespersons were very aggressive in trying to sell me the phone on other options (3Pay' & 'Relax') even though I told them several times that I only wanted the 'Best of Both' option

    Are three not obliged to sell the phone to me for their brochoure price? It was in their November / December issue and I would have thought that that remains valid for that period - even if they made a printing or marketing error.

    I was looking for a 'Skype' phone & the INQ seemed the best - so now I'm left with a predicament to back down and pay their new price of €39 or change phone/price plan - whcih I do not want to do.

    As a final comment - I'm very very dissappointed with 3's customer serive & only because they are the only provider of 'skype' phones am i still even entertaining the idea of changing over to that network....otherwise I would advise anyone to stay well away.


Comments

  • Registered Users Posts: 169 ✭✭paddyblue


    Attached is page 13 of Three mobiles Nov/Dec Brochoure


  • Registered Users Posts: 956 ✭✭✭steve_


    Iv got the same book at home which shows the inq mini for 9euro on BOB 25. The only thing is at the start of the brochure it states all information featured is as accurate as possible at the time of printing and is subject to change. And that they wont accept responsibility for any errors or omissions in the publication. So i doubt they will entertain your argument :(


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    paddyblue wrote: »
    Are three not obliged to sell the phone to me for their brochoure price? It was in their November / December issue and I would have thought that that remains valid for that period - even if they made a printing or marketing error.

    Nope, Three (or anyone else) are not obliged to honour a brochure price even if it is correct but especially if it's a misprint. It's only an invitation, no contract is entered or implied from the brochure.

    If you can prove they set out to mislead you with their brochure then you can challenge them under false advertising regulations, but tbh you don't stand a chance as it really does sound like a simple printing error* (€9 v's €39).


    *Thre's probbaly loads of them in this post.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Later - when I had decided on the option I wanted (Best of Both 25 - €9 phone cost & 6 month contract of €25/month) - I called the national number (1800944443) to order this as I was no longer in close proximity to my local store. However, the sales person told me that that particular phone (INQ Mini) wasn't available on Best of Both - only as a special 'bundle deal' on '3pay' for €129.
    the biggest mistake you made was ringing india! you should get back into the store at least you will be dealing face to face with someone and will be armed with the brochure and who knows maybe it is a case of the left hand(india) reading from a different hymn sheet than the stores?


  • Registered Users Posts: 398 ✭✭SupaDupaFly


    Do yourself a favour and stay well away from 3! Worst decision I ever made was to switch to 3 on their Best of Both plan. My contract is up tomorrow and they are forcing me to pay an extra 25euro to terminate the 6 month contract! Even though it is up! They wont release my number to another network until I do pay.

    Take my advice and steer clear. My price plan got mixed up 2 months in a row and I was left with no calls for 3 days with no explanation or apology.
    Rubbish network.


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  • Registered Users Posts: 28,196 ✭✭✭✭drunkmonkey


    paddyblue wrote: »
    Attached is page 13 of Three mobiles Nov/Dec Brochoure

    i've the same brochoure in front of me an the inq mini is 49e, there's been a misprint somewhere as the price for november is definatley 49e, the shop should honour it for you. The new prices go live on the 1st of December, might be down to 9 euro then. Sit tight for a few days.


  • Registered Users Posts: 633 ✭✭✭Tarakiwa


    Go to the Advertising Standards and complain - asai.ie


  • Registered Users Posts: 169 ✭✭paddyblue


    Tarakiwa wrote: »
    Go to the Advertising Standards and complain - asai.ie

    Thanks for all the reply's

    I noticed last night when looking at their brochoure again - The INQ Mini is advertised for €29 on the 'Relax 90' plan...... but the 3rd person that I spoke to had offered me the same phone on 'Relax 90' for €9..... so it seems that it's not a printing error - rather they revised their phone prices since the Nov/Dec brochoure was printed. I knew the price of €9 for BOB25 was too good to be true - seems their sales department reaslised this too.....after they printed the brochoure.

    Perhaps the best option is to go for 3Pay. at least then I'm not tied into a contract of any sort with them...... I would stay well clear of them only there is no other network that do skype phones.


  • Registered Users Posts: 70 ✭✭hickory


    it sounds like you are using a brouchure from their shops and then ordering with their telesales line, its possible that the prices are different between the 2 and that if you went back to the store where you got the brochure you might be able to get the price in the brochure


  • Registered Users Posts: 174 ✭✭El Camino


    Tarakiwa wrote: »
    Go to the Advertising Standards and complain - asai.ie

    +1 - the only way to keep them on the straight an dnarrow is to cause them some grief and this surely will... THe results of these complaints, if upheld, are widely published and publicly available so it should help others from being burned as you have...


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  • Registered Users Posts: 3,748 ✭✭✭tony1kenobi


    Tarakiwa wrote: »
    Go to the Advertising Standards and complain - asai.ie



    Why? Did the OP say it was in an advert? Or was it in an instore guide that had a disclaimer in the first 2 pages?

    It's christmas. The price of phones will change on a weekly basis.As it get's closer to Christmas that change can become daily.It happens every other year so why not now?

    Also if the OP was prepared to buy the phone for 39 and the "Indian" would sell it for 9 none of us would be reading this because it wouldn't be here.


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