Terms and Conditions for trade-in of Early Upgrade Programme.

The Early Upgrade programme enables customers to upgrade after 12 months of purchase with no early upgrade fees (“EUF”) when they trade in their device. Additionally, customers who wish to retain their device will get a 50% reduced EUF.

1. The Early Upgrade programme (“Promotion”) is run and operated by Hutchison 3G UK Limited trading as Three, Registered Office:

450 Longwater Avenue, Green Park, Reading, Berkshire, RG2 6GF(“Three”, “We” or “Us”).

Promotion Details and Eligibility

2. Promotion available for sales concluded in all sales channels, however the Qualifying Device must be traded in in-store only. A maximum of one trade-in per customer is permitted under this Promotion.

3. To be eligible to claim under the trade-in or 50% discounted EUF part of the Promotion you must:
a. purchase a qualifying device plan (“Qualifying Plan”) during the Promotion Period. Qualifying Plans include Unlimited Plus Plans available on selected handsets; and
b. trade in your eligible device (“Trade-In Device”) after 12 months when purchasing any device on a new 24 month plan (“Qualifying Device”), or choose to pay a 50% reduced EUF.
4. Requirements as to the condition of all Trade-In Devices apply. In the event that a Trade-In Device is not considered eligible for this Promotion due to its condition, the Trade-In Device may be eligible for Three's normal in-store or online trade-in programmes.
5. Neither Three nor our Trade-In Partner are responsible for any costs, charges and/or penalties arising before, or after, receipt of your device, or arising from any other circumstances whatsoever (together “Charges”).

How to claim: In store only

6. To claim in store, take your eligible device (“Trade-In Device”) to a participating Three retail store or pay the discounted EUF and then you can choose your Qualifying Device.
7. Your In-store advisor will assess your Trade-In Device. Provided your Trade-In Device meets the conditions of paragraphs 11 – 17, when you trade in a Trade-In Device under this Promotion, you will be eligible to not pay the 50% discounted EUF. Alternatively, you can choose to pay the 50% discounted EUF when upgrading to a new handset.
8. The 50% discount will be applied at checkout against the EUF that is applicable to your existing plan. The 50% discounted EUF cannot be used against any recurring charges associated with your Qualifying Device or any other tariff or packages, which will be your responsibility to pay. Alternatively, you can choose to pay the discounted EUF. You can also choose to pay the 50% discounted EUF and also trade in your existing device under Three's normal trade in terms and conditions.
9. Any refunds for any Qualifying Device you purchase are subject to the contract you take out with Three for that Qualifying Device. If your Qualifying Device is determined to be faulty after purchase and you are not provided with a replacement Qualifying Device you will not be entitled to receive back the value of the Discount as cash or in-store credit

How to claim in store: Your Trade-In Device

10. Your Trade-In Device must be fully functional, include the battery and be in a good condition in order to be eligible for this Promotion. A Trade-In Device will not be eligible for this Promotion if it is materially damaged. For the purposes of this Promotion “materially damaged” shall be determined exclusively by the In-store advisor and may include (but is not limited to) the following defects:
a. An inability to power on or off;
b. External or internal liquid damage;
c. Aesthetic damage such as a screen crack, large scratch or visible LCD screen burn;
d. A screen which does not work or is not intact;
e. An inability to carry out the functionality reasonably expected of such Trade-In Device; or
f. Any other damage which materially affects the appearance or functionality of Trade-In Device.
Any Trade-In Device must be original and meet the manufacturer's original specifications. An In-store advisor may at any time reject a Trade-In Device.

11. You must own all rights, title and interests in your Trade-In Device. We may ask for proof of ownership.

12. Please remove SIM cards and SD cards before trading in your Trade-In Device. Any SIM cards or SD cards received by Three or our Trade-In Partner will be destroyed upon receipt in an appropriate manner, and consequently cannot be returned. Neither Three nor our Trade-In Partner accepts liability in the event that any Trade-In Device received by Three containing a SIM card or SD card is lost in transit.

13. Please ensure all personal data is removed from your Trade-In Device before you trade-in. This includes but is not limited to all personal details, SMS, photos, videos, games, songs or other data. Neither Three nor our Trade-In Partner will accept responsibility for the security, protection, confidentiality or use of such data. By trading in your Trade-In Device to Three or our Trade-in Partner, you agree to release Three and our Trade-in Partner from all and any losses, claims or damages with respect to the data enclosed or stored therein or on any media used in conjunction with the Trade-In Device.

14. Where applicable, we recommend you take note of your IMEI number of your Trade-In Device in case there is a problem with your trade-in. Your IMEI number can generally be found at the back of your Trade-In Device under the battery or by typing in *#06#.

15. If you have an activation lock (such as a PIN or password) on or a device tracker associated with your Trade-In Device you should remove this before trading-in. Each Trade-In Device should match the make and model stated when registering your trade-in in store.

16. Should your trade-in contain a Trade-In Device that our Trade-In Partner is unable to process (e.g. because of activation lock or device tracker not being removed) our Trade-In Partner (or Three on behalf of our Trade-In Partner) will, where possible, endeavour to notify you of a remedy that might allow our Trade-In Partner to successfully process your Trade-In Device. If after a period of 48 hours from any such notification Three or our Trade-In Partner has received no reply from you, we reserve the right to take such legal or other collection action we deem necessary to recover the value of the Trade-In Device. Any stolen, blocked, counterfeit or fake devices will be held by us or our Trade-In Partner and reported to the police and we and our Trade-In Partner may take any further action deemed necessary in such event to recover value of the Trade-In Device.

General

17. Customers are not obliged to take advantage of the early upgrade Promotion and can continue paying for their original contract, within their original 24 month plan. Customers can also opt to pay a 50% reduced EUF.

18. Under no circumstances will Three (or its parent, subsidiaries and affiliated companies) be liable (unless such liability cannot be lawfully excluded) for any losses, damages, costs or expenses arising from or in any way connected with any errors, defects, interruptions, malfunctions or delays in this Promotion (or any aspects of them), and Three excludes liability, to the fullest extent permitted by law, for any loss or damage caused arising out of or connected to this Promotion.

19. Three reserves the right, acting reasonably and in accordance with all relevant legislation and codes of practice, to vary the terms and conditions of the Promotion (including, without limitation, to cancel, modify or supersede the Promotion) by changing these terms and conditions. No correspondence will be entered into by Three.

20. Information that Participants supply when entering the Promotion will be used only in accordance with these terms and conditions, Three's Privacy and Security policy, and Three's Privacy Notice contained in Section 13 of the Terms and Conditions governing the use of Three Services. See Three.co.uk/terms.

21. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question will not be affected.

22. These Terms and Conditions and any contract entered into between Three and you will be governed by English law.