Mobile Phone - Moral Dilemma

jhmtaylor on 25/06/2017 - 18:42
Last edited 25/06/2017 - 19:29 by 1 other user

I have a moral dilemma.

3 Months ago I pre ordered an expensive mobile phone from a mobile plan reseller. Immediately after placing the order I realised there was an error with the colour, I rang the call centre and they changed the colour.

One month later the phone arrived and it was the original colour not the agreed one. I rang the call centre and advised the problem. They said, “Yeah” we have had quite a few stuff ups like that. Someone will call you soon to organise return and replacement.
3 days later after no phone call, I again rang the call centre and explained the problem and was advised someone would call me back to fix the problem.

Another two days pass and still no phone call, so I again contact the call centre and ask to speak to a supervisor. Was advised they are all busy. So I said I have lost confidence in your company to provide the level of service I require and would like to cancel the contract and you take your phone back. The guy on the phone refers it to his (now un-busy) supervisor who said under the circumstance we will allow you to cancel. Someone will call you soon to pick up the phone.

I ring their competitor and order a new phone, which was delivered the next day.
Two weeks later another phone arrives from the original (correct colour). I again phone the call centre, explain the problem who advise that they have no record of agreeing to cancel the contract. I ask them to check their telephone records, which they agree to do and someone will call me within 3 days.

Six weeks have now passed and no phone call from the reseller. I have two phones I do not want and really am not entitled to (unsolicited goods act excepted). I suspect they have overlooked the issue but if I raise the subject I also suspect they will try to enforce the original contract.

PS Both phones are still in original wrappers and I am not trying to take advantage on anyone.

Mobile

Comments

  • afoveht on 25/06/2017 - 18:50
    +4

    I don't know about any legalities but if it's only a moral dilemma I think you've discharged your duties for now and it's their turn to collect if they care to.

  • Oz-Bogan on 25/06/2017 - 18:52
    +4

    So what's the dilemma?

  • Ryanek on 25/06/2017 - 18:58
    +4

    You have made attempts to return the goods of which they have records. You should hold onto them for 3 months since this is the time frame in which the company can attempt to recover the goods. See here.

    If after 3 months it's still in your possession you can keep the phones with no obligation to pay.

    • Kangal on 25/06/2017 - 20:50
      +1

      Make sure the contract is actually cancelled, and that they're not actually or attempting to charge you.
      Once that's done, I say keep the phone for a total of 84-92 days (1 day less than 3 months), and contact them again.
      Let them know of their error and that if they want the device, they should send someone to collect it at THEIR expense.
      If they don't send someone to collect it in 3 business days… well, its really a fault of their own.

      The blame can be sorely applied to their staff/business, and you can morally and legally own the extra handset.
      If you still don't feel good about it, you can always sell the device, and send the proceeds to any charity/cause of your desire.

  • subywagon on 25/06/2017 - 19:37
    +5

    Send a phone to me, I'll sort it out for you.

  • Xyzzy on 25/06/2017 - 19:47
    -7

    Why do people care what colour their phone is?

    • Sage on 25/06/2017 - 19:58
      +4

      Why would anyone have a preference of the colour of anything!

      • Kangal on 25/06/2017 - 20:41
        +2

        Why would anyone have preferences?

      • jhmtaylor on 25/06/2017 - 23:25
        +1

        The first colour was black and reviews indicated it scratched easily and showed more wear and tear than it should. If it wasn't for this I wouldn't care.

    • magic8ballgag on 26/06/2017 - 08:43

      Shock twist - Xyzzy is colourblind.

  • Sage on 25/06/2017 - 19:56

    Wait, so are the 2 spare phones on contracts now?

  • [Deactivated] on 25/06/2017 - 20:09
    +1

    Regarding the first phone (I mean the one in the wrong colour), it's considered an unsolicited product. As it's been more than one month since the supplier was informed of their mistake, I would say you are (legally) entitled to keep it. Morally, however, it's up to you.

    if you contact the business in writing, expressing that you do not want the products, then the business should recover the products within one month
    if you don’t contact the business, then the business may recover the products within three months from the day after you received the products

    If the supplier does not collect the unsolicited products within the above timeframes, you can keep the products with no obligation to pay.

    Source: https://www.accc.gov.au/consumers/sales-delivery/receiving-t…

    As for the one in the correct colour, if they already agreed to cancel the contract, then the contract is considered cancelled. You don't have to pay and they have to collect the phone within a reasonable period of time. 6 weeks seem excessive, I'd suggest calling them one more time, ask them (politely) to pick up the phone within a week or you will do as you see fit with the phone.

    • [Deactivated] on 26/06/2017 - 09:58

      The first phone was not unsolicited; you ordered it but they sent you the wrong colour. That was an error.
      The second phone was an attempt to correct the mistake, so that was not unsolicited either.
      The one month and three month limits therefore do not apply.
      Make sure you keep detailed records of your conversations and if possible use e mail so you have an indisputable audit trail of your attempts to return the products.
      Keep the packaging that they came in to prove they were sent to you.
      E mail your local Fair Trading Office and ask for advice, which will protect you if you decide to sell them or give them away, (which means that you assume ownership of them).

      • Ryanek on 26/06/2017 - 11:06
        -1

        This is incorrect. Unsolicited means you have a product/service that you did not pay for. He did not pay for that wrong color phone and he did not pay for the second phone since the contract was already cancelled.

        If a company can't get its act together to retrieve two expensive phones, it speaks a lot of their internal processes and customer service.

        • [Deactivated] on 28/06/2017 - 09:48

          You are wrong. Look up the legislation. It is very clear.

  • furys12 on 26/06/2017 - 09:04
    -1

    this doesn't sound moral at all it sounds like a shitty company trying to "scam" you, its not hard to forsee some unpaid contract letters coming your way, legally or morally right to keep the devices i would be making dam sure the contract is cancelled and you, not them, have records of it, then just make sure you are legally covered to keep the devices

  • LYRICALRAVER on 26/06/2017 - 20:30

    ever notice how when you ring a company/agency they always seem to be 'busy'?…

  • jhmtaylor on 27/06/2017 - 09:28

    I can't be sure about anything. They don't put anything in writing (other than the original contract), won't permit me to speak with anyone in authority and won't return phone calls. They do however record phone calls.
    At this time I appear to have dropped off their radar and if I contact them again, things can only get worse.

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