iPhone XR Stolen in Vodafone Store Just after I Signed Contract

LKenn adams on 26/12/2018 - 23:08
Last edited 07/01/2019 - 14:06 by 1 other user

Hey guys. I need some serious help.

Someone stole my brand new iPhone XR straight from Vodafone store. So as soon as I signed my brand new 24 months contract with Vodafone, the guy dealing with me with in to do some work and I started looking around the shop leaving the unopened box on the table of the store. Out of nowhere, a random guy walked in and took the phone (well I didn't see that myself, one of the customers told me so).

Then I told the store guy about this and he said that it's my fault that the phone which I was supposed to get was stolen from the Vodafone store. Unfortunately I didn't opt in for insurance. They have asked me to file a police report.

P.S. Given a replacement device by Vodafone

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Comments

        • Eeples on 28/12/2018 - 14:23
          +2

          He says so in the opening post?

          But, yes, you made a good point. Just not relevant in this case.

          Miranda Jones.

          • pgdownload on 30/12/2018 - 08:00
            +1

            @Eeples: I know he says so on the opening post. Not sure why every one keeps trying to clarify' that? That's why I mentioned it.

            As for relevance, it's based on empathy. The op is obviously upset. Probably kicking himself for not buying the insurance (rightly or wrongly). I just thought he might feel a bit better knowing it would have no effect either way in the situation.

    • WorldClassMiser on 30/12/2018 - 05:28
      +3

      Agreed

      Name Withheld.

  • sarahjanecosmetics on 28/12/2018 - 11:40
    +1

    surely they have cctv and got the thief on camera?

  • Eeples on 28/12/2018 - 11:46

    You had the unopened box when you signed the contract.
    So you own the unopened box.
    The salesperson left the unopened box unattended.
    You left the unopened box unattended.
    The owned by you unopened box was stolen.

    Not sure Vodafone can make an insurance claim; nothing was stolen from them.

    I hope Vodafone make available the video footage, if any, to the police.
    (Typically, Westfield security view the footage there and then to see if they recognise the thief; if you were in a Westfield that should have happened).

  • chumlee on 28/12/2018 - 11:57
    +1

    Start with CCTV footage and then determine your next steps

  • Fier2 on 28/12/2018 - 12:04

    Too many things in this story that doesn t add up.

    1.Obviously, the staff at vodafone could have just offered you to sign in for the insurance even if you said no at the beginning as you were still in the shop and gathering all the paper ready.Then, you would have the phone replace at no cost for both parties (just the price of the insurance)

    1. If the staff told you he come back and get up with the papers, he should have not let the phone with you as the sale wasn t close yet.

    2. I can understand on the spot you didn t know how to react. But by doing what the staff tell you and filling a police report, you accept the fact that you receive the good after signing the contract so look like you will be locked in for the next 24 months.

    3. If your story is genuine why not telling us in which store it happened?! Then, one of the store rep can step in and give his own version or maybe give you a settlement that will be in your favor

    4. Thank you. It s a good reminder for people to look after their goods no matter where they are because once you paid for it there s no way to get it back if someone stole it.

    • cameldownunder on 28/12/2018 - 14:19
      +13

      In addition the OP did following mistakes
      1) Get an iPhone
      2) Get the phone on a plan
      3) Go with Vodafone
      4) go for a 24 month contract
      5) go to Vodafone in shopping mall
      6) Not wait for next years phone model

      • Ghost47 on 28/12/2018 - 17:40
        +3

        LOL

      • solidussnake on 31/12/2018 - 05:51
        +2

        Probably did the 36M plan haha

    • webster on 31/12/2018 - 09:06

      Having no cost to both parties not exactly true. You do realise that there is excess involved with insurance claims?

  • playswithfire on 28/12/2018 - 12:18
    +1

    Had you signed the contract, and had the phone been handed to you? What work was happening in the back room while this happened?

    If the phone was placed on the table by the employee but not handed to you, it still hasn't been provided to you.

  • zooter on 28/12/2018 - 12:45
    +1

    how did the thief know when to come and take the phone?

    • whooah1979 on 28/12/2018 - 13:01
      +5

      The store CS is running a scam where they get someone to grab the item and run then blame the customer. Or the customer is running the same scam blaming the store. Take your pick.

  • luffyex2010 on 28/12/2018 - 13:18
    -2

    How about what if the thief is actually reading this?

    What should we tell him.

    The phone is not worth it, you should have stole from a container of apple xr phones, jewelry shop, a bank or an armor car.

    Didn't hollywood movies teaches you if you are going to be a real criminal do the real deal, these petty crime will take ages for you to live a comfortable life.

    And yes forgot to mention there is a price to pay for it too as you might get shot and die on the spot.

    Happy New Year! 😀 i am polite to all kinds of people

  • bmerigan on 28/12/2018 - 14:14
    +2

    I am not sure who is at fault, but I would think that the store's head office will cover it for you.
    When I was working in the industry that's how it would be handled.

    • [Deactivated] on 28/12/2018 - 16:54
      +9

      We're living in a dystopia if people are defending vodafone over this
      Even if they were technically or legally not the owners of the iPhone after the contract was signed it all still happened in their store and would be much simpler and fairer if they just got the guy a new phone even if it was all an elaborate ruse to steal a phone
      How does a person just walk up and yoink a phone and walk out of the store, and other paying customers see it happen before any of the staff working the store even realize?
      it just proves that their CCTV/security/staff are just absolutely incompetent and have protocols in place to protect themselves over customers when stuff like this happens

  • h4zey on 28/12/2018 - 14:47
    -2

    that's what happen when you get iPhone, better get samsung so no one will still that!

  • imcold on 28/12/2018 - 17:01

    It's really an old trick.

    https://www.theregister.co.uk/2013/09/20/thieves_steal_londo…

    If I order a meal, pay for it and get a ticket number, and someone grabs my food guess if it gets replaced?

  • lowlifesphere on 28/12/2018 - 17:18
    +1

    Don’t pay the bill. The phone wasn’t handed to you so the exchange was not complete. For all you knew the staff member was still setting up the phone. If Vodafone chase you up for the bill call their head office and explain you have filed a police report and are waiting to here back from them, also while pushing to have the contract cancelled from their end if possible.

  • MITM on 28/12/2018 - 17:37
    +2

    Did the salesperson say thank you, goodbye and walk away at the conclusion of the transaction? Or did the salesperson walk away from the table (and the phone).
    Did the OP say thank you for your help, it’s been a pleasure doing business with you, I’ll take my phone now.

    I’d be saying to the salesman “I’m not leaving without my phone I’ve just signed up for. Go check out the back that you didn’t take it with you.” And “no you didn’t leave it with me - go get your manager”

  • Amour on 28/12/2018 - 18:11

    Sorry to hear this has happened to you OP. Unfortunately there are some opportunistic asshats out there.

    I know of a case in Brisbane where police tracked a shoplifter through a shopping centre via cctv to their car and got the rego and the shoplifter was later charged. This was for a toy worth less than $100. Not sure if this is possible where you purchased the phone?

    I’d still follow up with Vodafone, particularly if you weren’t handed the phone.

  • TheSmegger on 28/12/2018 - 18:32
    -1

    Lawyer.

    That's your only option.

    • cauilfield on 28/12/2018 - 19:17

      which is usually more exy than getting a new XS MAX :)

      • TheSmegger on 09/01/2019 - 13:32

        Doesn't have to be.
        Confident of winning? Employ a solicitor.
        Not confident? Try one of the many no win, no fee, firms.

        Legal aid.

        See, not always expensive. Representing yourself, now that can be expensive.

  • MessyG on 28/12/2018 - 19:16
    +6

    I'd be very very very interested to see how a judge approached this - but I'm on the OP's side. The phone was stolen from the store. The sales rep had placed it in front of the OP and walked off to finalise everything, instead of finalising everything and THEN handing it to the OP. If I were the OP I would complain on every social media platform Vodafone has and see if they provide a replacement. They have CCTV footage, they have a police report, it would be very easy for the company to claim this on their insurance.

    • Strahany on 28/12/2018 - 19:19
      +1

      The OP has not confirmed that the sale was not finalised, nor have they confirmed that the phone was not handed to them properly. Given that they’ve signed the contract, I would be very, very surprised if the phone was on that table for any other reason than the fact it was given to them by the sales staff.

      People who work in Telco sales don’t just leave phones lyring around. If they do, then they won’t be a salesperson for long at all.

      • MessyG on 28/12/2018 - 20:29

        He signed the contract but it didn't sound like the sale was finalised - the OP said that the sales guy walked off to do some work so the OP looked around the store, implying he was waiting for the guy to return. You're right, the salesperson shouldn't have left the phone there until whatever work had to do for this sale was fully completed.

        • Eeples on 28/12/2018 - 21:02
          -2

          Signing the contract is finalising the sale.
          Yes, the salesperson walked off. Deal done.
          Then the OP walked off without his phone under his arm.

          Did the OP leave the contract by the phone on the table?

          • MessyG on 29/12/2018 - 12:00

            @Eeples: The OP wouldn't have picked up the phone though if he thought the salesperson was off finalising the sale which was how I interpreted the post.

            Although, if the salesperson actually WAS done and had walked off because they were finished and the OP had been given the receipt…well then that was just a supremely dumb move on the OP's part. Post isn't clear.

        • Strahany on 28/12/2018 - 21:04
          +3

          The OP had signed the contract, which means the sales interaction is done. The only other thing that the salesperson may have needed to do for the contract paperwork would be booking the phone out of the POS system, which would require scanning the IMEI. Obviously, he can’t scan it when it’s on the table, so that’s out the window unless he was to enter it manually or scan a photocopy of the IMEI - neither of which invites the OP to walk away from the table.

          In Telco sales, the customer you’re conversing with is as much a potential thief as anyone else, hence you never hand the phone over to them until it’s theirs (passed credit check and signed contract). Since the contract was signed, the phone was theirs, and was given to them, accordingly. The OP was careless, which happens. Can’t blame them for anything other than trying to dodge responsibility.

          • MessyG on 29/12/2018 - 12:02

            @Strahany: I want to know if the OP had got the sales receipt at that point, that would be the final point of sale imo.

  • 2023 on 28/12/2018 - 19:51
    +3

    Straight to A Current Affair.
    They'll run the poor man got robbed by a big business angle, and shame 'big business' into appeasing poor downtrodden underdog with a new phone.

  • PixelPaul on 28/12/2018 - 20:04
    +4

    did you actually touch the phone/box at all? if not, then you did not yet take possession of it. so the contract was not in effect until you did.

  • cantstanzya on 28/12/2018 - 22:15
    +3

    OP is either a troll or leaving key information out.

  • Bargaingeek on 28/12/2018 - 22:26
    +1

    Dude it was robbed IN-STORE, it is the stores responsibility to secure their premises. I would file a complaint with TIO, ask for camera footage, and take them to court. It's not your fault they have shitty security, how did the guy run out of the store like that?

  • lltravel on 28/12/2018 - 22:38

    lol @ anyone buying an iphone these days. Absolute garbage product, overpriced. The robber did you a favour tbh.

    • [Deactivated] on 28/12/2018 - 23:41
      +3

      Well perhaps you can enlighten all of us by suggesting a few alternatives??

      • lltravel on 03/01/2019 - 10:26

        any flagship Android phone

        and no i am not an android fan boy. I had the very first iPhone which I imported from USA and was an iPhone user till last year.
        Had enough of their overpriced stuff. Every year they upgrade one thing and call it revolutionary, when in reality android did the same thing years ago. The thing that pissed me off the most was most banks didn't support apple pay.

        Google pay, samsung pay works with pretty much any card.

  • moneyhungry on 29/12/2018 - 07:32

    They should just give you another phone on the spot and claim theft on their insurance. If I was in your situation they would of had to escort me out with security picking me up from the legs and arms if I didn't get my phone or cancelled the contract lol.

    • Eeples on 29/12/2018 - 23:13

      How can the store claim the phone on insurance when they don’t own it anymore?

  • Josh81 on 29/12/2018 - 08:06
    -1

    If you had already signed the contract, then you've bought it. It's now your possession and your responsibility. If the clerk takes it away to do something with it, like set it up, apply a screen protector, then that's a different story. But it sounds like he didn't take ownership of the device when he went out back.
    Any compensation given is by choice, not a responsibility.

    If you buy something from Myer, and then put it down while you look at other stuff, then Myer isn't responsible if it gets stolen.

    I'm not a lawyer though, so maybe if you haven't left the store, there might be something you can claim legally.

  • Josh81 on 29/12/2018 - 08:12
    -6

    Once, my brother and I bought this John Madden game from Target. When we got home there was something wrong with it, so I returned it and swapped it for another. On the way home I stopped at the arcade to play Daytona (racing game), and put my bag beside me. The game was stolen out of my bag while I was playing.
    We wrote a letter to Target explaining that it wouldn't have been stolen if we hadn't needed to return the first copy.
    We were granted a free replacement copy! 😁

    • luffyex2010 on 29/12/2018 - 12:39

      You remind me of the movie matt damon was told off by the asian women "pity f@!# ?"

      Funniest part of the movie forgot whats it called.

    • Hirolol on 06/01/2019 - 15:19

      That was nice of them to do that

  • kingmoron on 29/12/2018 - 09:11
    +1

    It all depends on what that worker was doing. What was he doing? Was he still finalising your transaction?

  • luffyex2010 on 29/12/2018 - 11:54
    -1

    I would love to watch the footage.

    Phone left on table, vodafone sales congratulate customer and provide phone to customer and went in to do other things. OP left it on the table and started to look at other things and looks back at table…Shiot the phone is gone.

    Never in my life of buying phones when all I have recall left the sight of a new phone. Interestingly OP left the new phone on the table to browse at other things.

    This phone must be little value to OP or its just plain careless. I dont think its the shop responsibility of the security of the customers belongings ( that is if all is finalized and done)

    Now all vodafone shops will have "beware of walk in theft!, hold closely your belongings" lol

    • moneyhungry on 30/12/2018 - 05:25

      Maybe the op assumed the store clerk was going to open it and put the sim card in there (usually what I expect them to do when I get a new plan). Why shouldn't the op feel comfortable leaving a phone on the sales desk until it's ready to take away from the store?

      • ozhunter on 30/12/2018 - 05:52

        Because of theft. It's why you see all the demo phones secured to the table….

  • John Kimble on 29/12/2018 - 12:18

    OP you must have bad karma

  • telby on 29/12/2018 - 12:23

    That phone would of not of left my sight, once the sales person handed it over or put it on the desk etc.

  • nith265 on 29/12/2018 - 13:52
    +1

    OP did they give you a receipt?

    I guess that would be reasonable grounds for them to say it’s no longer ours, it’s yours

    • ericblendy on 29/12/2018 - 16:07

      Agreed. If you have a receipt for the phone, IMO, it's yours and unfortunately it's your fault for leaving it on a table in a place accessible to the general public.

      If stores were held liable for every instance like this, the fraud would be unbelievable.

  • msimpatient on 29/12/2018 - 13:55
    +1

    Back when I did phone sales, handsets would be on the desk and left there while accessories were looked at after the contract signed and prior to pos.

    I believe in this case it is Vodafone who needs to be more vigilant.

    Personally I wouldn't regard a phone as mine until it had my sim in it.

    Vodafone should cough up a new handset and implement some security measures.

  • [Deactivated] on 29/12/2018 - 15:21

    CCTV will give you the answers.. Also worth taking details of the person who saw it being picked up as witness..

  • ipiok on 29/12/2018 - 16:17
    +4

    (profanity) some of you need to get off your high horse… it's no different to buying a car and the dealer parks it in the driveway and someone steals it…. would that also be the owners fault?? of course (profanity) not…. I love how everyone on here is so quick to demoralize each other.

    • Strahany on 29/12/2018 - 17:25
      +5

      The dealer doesn’t leave the keys in the ignition; he hands them to you. The proper analogy would be the dealer handing OP the keys, and then the OP leaving them on a table, expecting them to be safe because it’s inside the dealer, rather than being responsible for their belongings.

    • payton on 29/12/2018 - 18:21
      +1

      Starting with you.

  • mafmouf on 29/12/2018 - 17:21

    No brainer. Until that phone was all packaged up with completed paper work and fake smile from salesman saying bye, I'd consider everything to be in possession of Vodafone.

    What actually happened in the store, the CCTV footage should show.

  • madreece on 29/12/2018 - 19:49

    How many times does the OP need to get asked which store it was? I'm calling bullsh*t on this one.

  • crashloaded on 29/12/2018 - 19:57
    +1

    Imo seems like the OP has skewed the story. Sounds like the transaction was complete and the staff went to do other tasks while OP left his goods on the table. It is then op's property but it sounds shitty that the store isn't helping much.

  • DanielR on 29/12/2018 - 19:58

    You have a cooling off period for contract cancel it

    • crashloaded on 29/12/2018 - 20:36
      +1

      You would need to return the phone for a cooling off period.

    • Strahany on 29/12/2018 - 21:20

      No cooling off period in Telco sales, unless it’s a contract supplied by a door to door salesperson.

  • Seedy seed on 29/12/2018 - 21:09

    Id go back to voda and demand a phone. Sure you didnt watch it for them but you did not put it on that bench either…

    • Strahany on 29/12/2018 - 21:24
      +1

      Placing it on the bench isn’t what got it stolen.
      Leaving it unattended is what got it stolen. That’s what the OP did.

      • Seedy seed on 29/12/2018 - 22:17

        Ehh, if the contract and handset wernt given id say at best op was minding it. If you couldnt walk out with the phone yet you arnt in ownership. Possesion and ownership arnt the same. At worst as i can tell the op lost the shops property by not minding it, which actually isnt ops responcibility till he takes ownership.

  • Ononono on 29/12/2018 - 22:38

    Story seems too fishy, I call bogus

  • realpotatoguy on 29/12/2018 - 22:54

    I would DEFINITELY contact Vodafone HQ. I would imagine that Vodafone themselves would find what happened to you unacceptable. Legally speaking, I feel Vodafone doesn’t have a legal obligation but the lack of a safe space/expected security would reflect poorly on the Vodafone brand.

    • ozhunter on 29/12/2018 - 23:28

      but the lack of a safe space/expected security

      LOL

  • ladybug1 on 30/12/2018 - 01:53

    Hi, OP, any updates?

    • DiscoJango on 30/12/2018 - 10:20

      op has gone into hiding like yoda from the shame of their stupidity.

      • Baysew on 30/12/2018 - 10:39
        +5

        In fairness, it's not like that they can just send a message by phone.

    • Kenn adams on 30/12/2018 - 18:04

      Asked to wait for a week before any conclusion.

      • buckster on 06/01/2019 - 17:04

        I imagine that could be because their head office was on holiday from Christmas -> New years

  • Zylam Marex on 30/12/2018 - 02:23
    +5

    Really sorry for your loss, I can only imagine the pain. Don't worry about the trash mob that exists on ozbargain, unfortunately this place has turned into a strange clut of mob nature, I don't know why.

    Seems like a bad situation, perhaps you can call the head office and explain it to them while being nice and perhaps they can help you out.

    All the best my friend.

    • Kenn adams on 30/12/2018 - 18:05
      +2

      Did so and they asked me to wait for a week so let's see what they come up with.

  • snook on 30/12/2018 - 02:36
    +1

    The OP hasn't given all the details of the story and he also hasn't answered questions when asked. From the information provided, there's no conclusion to draw.

    Could even be the salesman from Vodafone who just made a huge F UP who's trying to gauge how deep in it he is.

  • DiscoJango on 30/12/2018 - 10:19

    OP: you are now a member of the "ozbargain special persons committee"

    next time you buy something really expensive, and the store clerk goes in the back of the store to do, whatever… dont then yourself leave said product unattended and then walk around the store like an aimless goose while your expensive product sits freely available on the open counter, for opportunistic member of society to swoop in and take.

    ps: just report the serial/imie whatever to apple/the cops and get the device locked.

    • Kenn adams on 30/12/2018 - 18:02

      The device was locked immediately.

  • lostn on 30/12/2018 - 12:09

    Did you note the IMEI number?

    • Strahany on 30/12/2018 - 14:12

      It’ll be on the OP’s contract

  • Xiaomi on 30/12/2018 - 12:52
    -2

    Not everyone can be normal, OP hasn't even replied to any comment out of sheer guilt I'd imagine posting such a useless event to normal people absolute stupidity, deserved to lose it IMO.

    If you're that dumb, you my friend need a hard lesson.. Lesson learnt.

    • lostn on 30/12/2018 - 16:33

      It's a new account.

  • quog on 30/12/2018 - 16:19

    What happened to the new sim? Where is that?

    • Kenn adams on 30/12/2018 - 18:01

      Upgraded from previous sim only plan.

      • snook on 31/12/2018 - 19:40

        where
        is
        the
        sim
        card
        ?

  • magicman18 on 30/12/2018 - 18:21
    -1

    To be honest, I think this guy is making a story up. You are only given the phone once it has been open and unsealed by the store representative. All stores are encouraged to do this to make sure that the phone is in working order before the customer is given so to go out and use the phone. I believe that the store rep wouldve left the table to maybe book out the device, and to do this i am 100% sure they only need the paper contract not the phone. The OP must have assumed that the phone would be secure on the table and went around to look for accessories and this is entirely the customers fault as at this current moment the property of the phone has been handed to the customer already.

    Tell us the real story at Kenn Adams, What really happened and which store was it at ?

  • Plug on 30/12/2018 - 18:32

    So Kenn Adams said "I started looking around the shop leaving the unopened box on the table of the store" and later said "And the phone was still seal packed". Do Apple seal pack their phones inside seal packed boxes?

  • noonu on 30/12/2018 - 20:13
    -1

    Here an example:-

    Someone goes to car dealership to buy a car and you agreed to buy (XYZ) car. Salesperson takes you to the office to sign the contract/documents. So if someone steals the car while you are signing documents than do you think it is customers responsibility?
    Car is more valuable than a phone but you are inside the business and did not took the possession yet.

    • Strahany on 30/12/2018 - 20:28
      -2

      He had signed the contract already, at this point.

      As I replied to someone else, this situation more accurately resembles the OP being given the keys, and then leaving them on the table (or in the ignition) whilst walking around the showroom.

      • nith265 on 31/12/2018 - 16:30

        He had signed the contract already, at this point.

        A broad summary of the contract would be:

        • You’ll pay us money each month
        • We’ll supply you with a mobile service
        • We’ll give you a phone

        The point of conjecture isn’t if a contract has been entered in to. OP is asking for the contract to be fulfilled.

        OP is frustratingly vague or silent on heaps of key details of the (non)exchange the but if I was generous in my interpretation then he was never actually given possession - as opposed to contractual ownership - of the phone

      • nith265 on 31/12/2018 - 17:04
        +1

        ..this situation more accurately resembles the OP being given the keys,…

        Including keys doesn't improve the analogy - it breaks it!

        If you believe OP (and I'm guessing you don’t!) he was never given anything to finalise him actually getting possession.

        My crack at a better analogy:

        • Buying a TV from Harvey Norman 24 months interest free (why are you on OzB sucker!)
        • You complete the contract and they say pick it up from the back of the store.
        • Storemen are waiting with TV in loading bay, see you pull up in your car and return inside leaving the TV in the loading bay entry.
        • You mess around putting the seats down and the TV is taken while you were distracted.

        Don’t know about you but if I’m not physically given my TV, I’m not feeling like they kept up their end of the contract.

  • DiLs on 30/12/2018 - 23:20
    -6

    May be that's God's message to you to stop buying silly phones I.e apple.
    Get an android

  • Koipanda on 31/12/2018 - 00:22
    +3

    The contract should be void. You may have signed it and done your part, but you did not receive the item. When you did not pick it up, the responsibility is still with the store. You should contact your bank and cancel all payments to them.

    • Strahany on 31/12/2018 - 01:39
      +4

      Very, very bad advice. Not paying is a fast track to tanking your credit history for 7 years. That is never the solution to a problem with a Telco.

  • cloudy on 31/12/2018 - 07:29
    +1

    Why does Ozbargain like to answer questions like this?

    Op created account just to post this.

    Situation sounds so unlikely, and best action is pretty obvious (police report).

    It’s three pages long now, I haven’t bothered reading past 2 pages, just cbf.

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