10 Day Cooling off Period Clarification- Mobile Phone Plan

LMadgeH on 28/05/2017 - 10:29

I have recently signed up to the Optus frenzy deal which I am still happy with but have since seen that I can get the 128gb iPhone 7 for the same deal I have signed up for on the 32gb. I am within 10 days and haven't picked up the phone from the post office but have seen that the 10 days only applies if they had cold called me and asked me to take the deal, not if I signed up for it myself- is that correct? I thought if anyone would know a way around getting out of it and getting the better phone, it will be an Ozbargainer :-))

TIA

Mobile

Comments

  • 87percent on 28/05/2017 - 10:49
    +1

    Best bet is to go into a store and see if they'll switch you with no penalty…

  • whooah1979 on 28/05/2017 - 11:14

    http://www.optus.com.au/opfiles/Aboutoptus/Legal/SharedStati…

    Cancelling the service:
    Your right to cancel the service
    You may cancel the service at any time by giving us 30 days notice. You may also cancel the service at any time without liability, by giving us notice, if we breach a material term of the agreement and cannot remedy the breach or do not do so within 30 days of you giving us notice to do so.
    If you acquire the service through door-to-door sales, telesales or telemarketing sales, you may cancel the service before the end of the 10 business day cooling-off period set out under the Australian Consumer Law.

    • MadgeH on 28/05/2017 - 11:26

      Okay that confirms my understanding that it can't be done

      • kywst on 28/05/2017 - 14:53

        That's not to say they won't do it. That says they don't have to.

  • katekate1 on 29/05/2017 - 18:22

    Why dont you call them to know about about and ask for possible solution to your problem.

  • Strahany on 30/05/2017 - 16:01

    Virgin allows you to refuse delivery, thus sending the phone back to the warehouse and avoiding the contract from starting - given that Optus and Virgin are one and the same, there's a chance that the same thing can be done with them. However, this would mean selecting a new plan which I assume will be more expensive since yours was part of a limited deal.

    Alternatively, if you don't open the phone and tell them you were 100% certain that you selected the 128GB model, then they might allow you to get it and keep the deal you have.

    • whooah1979 on 30/05/2017 - 19:51

      Virgin allows you to refuse delivery, thus sending the phone back to the warehouse and avoiding the contract from starting

      that is interesting. does virgin have a clause in their t&c that specifically state this?

      • Strahany on 31/05/2017 - 01:27

        No, but when they send you a phone it's in a "provisioned" status, not "active". Their system is dumb because they can't cancel or change the address of orders once dispatched, so this "feature" is necessary. As such, you can use it to your advantage as the customer.

        I had a friend order a phone but wanted a different colour. They went in store, signed a contract for the colour they wanted, then refused delivery on the online order.

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