[Update] Optus Store Sold Wife Wrong Phone

Ljohn71 on 09/05/2019 - 13:44
Last edited 20/05/2019 - 10:49 by 1 other user

I went with my wife this morning to buy a new iPhone from Optus with a contract. My wife requested the 256 GB model. When we got home, however, we discovered that the saleswoman at the store had sold my wife the 64 GB model.

My wife returned straight to the store to request an exchange. The manager made it clear that the saleswoman should have mentioned that the phone was 64 GB. (She absolutely had NOT done this during the transaction.) The manager also implied that it wasn't his problem any more as my wife had signed the contract.

My wife is distraught and I am outraged. We will absolutely pursue this all the way to court if we have to.

What should be our first steps? We were thinking of filing a complaint with Optus head office, then trying the ombudsman. Or is it better to go straight for the small claims tribunal?

Thanks for any advice.

UPDATE
Many thanks to everyone who took the time to comment and offer advice. Some of you criticised my wife and me for walking out of the shop without double-checking that the phone was the one my wife had requested, and I think that's a fair call. We won't be caught out like that again.

We talked to Optus on the same day and they were very helpful. My wife sent back the 64 GB phone, which had been used and had picked up a screen protector, and her replacement 256 GB model arrived a couple of days later. I think her argument that she was in fact trying to sign up for a more expensive plan made her complaint more persuasive. In any event, the Optus rep was infallibly courteous and did everything in her power to resolve the matter in our favour. (This was a gratifying contrast to the shop employees, who essentially told my wife to get lost.)

Thank you, Optus. While some of your retail store reps might be rude, condescending reprobates, your remote support team is right on the ball.

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Comments

  • danman on 10/05/2019 - 03:29
    +2

    Hi OP, I have a friend who works at Optus who's come across this thread. He's suggested messaging them over Social media on FB or Twitter (that usually gets their attention). If you mention Ozbargain or link them back to this thread, someone should get back to you over private messenger. Hopefully they can help out.

  • Lexan on 10/05/2019 - 03:38

    Was the contract the same price as 256gb? Could have noticed it easily if less than.

  • cashless on 10/05/2019 - 06:55
    +1

    Initially read post as “Optus sold wife”.
    Disappointed after re-reading

    • xoom on 10/05/2019 - 08:24
      +1

      Got excited thinking they would the same for you?

  • T1OOO on 10/05/2019 - 07:31

    Me suspects with didn’t know how much space was used on the current phone and knowingly took the cheaper smaller one :-)

  • solidussnake on 10/05/2019 - 07:54

    Ah if only this could have been avoided by say reading the contract before signing..

  • Garrettau on 10/05/2019 - 08:05

    How can you prove it’s 256gb requested?

  • dharmesht on 10/05/2019 - 08:21
    -1

    I am sure the monthly billing charges would be lesser for 64GB IPhone as compared to 256GB. Pretty hard to miss that part though.

    • xoom on 10/05/2019 - 08:26
      +1

      Dont know about you but i like to read what im signing my life away for.

    • SnakeCasablanca on 10/05/2019 - 08:48
      -1

      Yeah life is SOOOO unfair. Why do you have to read contracts before you sign them? Why do I have to work to get anything that I want? Why can't I just sit there and have the world deliver wonderful things to my door with no burden of doing anything myself?

      Other people are definitely the problem for anything bad that happens to me in the world! I am awesome and they suck! I get all rights. They have all the responsibilities to make me happy.

      • mrhanky71 on 10/05/2019 - 10:28
        -1

        when you go to a store for a service… you would expect that the contract they're putting before you is what you discussed…. no?
        I didn't say you shouldn't read the contract, I just meant that it's unfortunate you have to flip through 10-20 pages of information to verify you aren't getting jibbed.
        yaknowhatimean?

        • spoonmugen on 12/05/2019 - 21:27

          last time i got a telco contract it was only 2 pages…
          20 page contracts are for more important things like… buying a house/business….?

          pretty sure the capacity of the device wouldnt be buried in the T&C and the fine print…
          the device and the period/penalties of going over limits would be clearly defined in the first page

          if you cant read the contract then you shouldnt really be signing it without someone to go over it for you.

    • Never Pay RRP on 11/05/2019 - 01:01

      their workers in the stores aren't to be trusted, all they want is the commission

      One would presume the Commission on a 256gb phone would be higher than the Commission on a 64gb one.
      Since the customer was happy to buy the 256gb model this would be pretty dumb deliberate mistake

  • mbck on 10/05/2019 - 08:38
    +3

    It was both of your fault. Optus for maybe misleading or misleading, but you can't proof this.

    You for not doing your due diligence, which can be proofed with the signed contract.

    Optus should not be compensating you tbh. Sorry. If the bar to get compensation is this low, their expenses would increase and we'd all end up paying for anyone's lazyness/carelessness.

  • [Deactivated] on 10/05/2019 - 08:59
    +1

    Thanks OP. Critical information of the plan should be made clear and acknowledged to be understood before the contract is signed. Also OP and his wife has to open the phone and get the matter sorted in the store before they leave the store premises. This could've been avoidable.

  • DarkOz on 10/05/2019 - 09:30
    -3

    Optus Sold His Wife Wong Phong.

    Sorry, I misread the title ;X

  • SpendLess on 10/05/2019 - 10:43
    +2

    First step should be to post on Ozbargain forum
    then get the pitchforks out

  • crazy94boy on 10/05/2019 - 11:07
    +1

    LOL, this is the most first world problem ive come across in a while.

  • Neptunesblood on 10/05/2019 - 11:28
    +2

    It comes down to your wife signed a contract she didn’t read.

  • dogboy on 10/05/2019 - 12:06
    +1

    Can't you just put a Micro SD card in it?

  • [Deactivated] on 10/05/2019 - 12:14
    +2

    Op is being very quiet

  • jj212 on 10/05/2019 - 12:51
    +5

    OP I did something similar when I signed up for an iPhone8. After opening the box I realised that the iPhone 8 didn’t include portrait mode. After googling the issue and visiting the store, they advised that I was pretty much out of luck!

    That was until I found the ‘Optus Coverage Commitment’ (https://www.optus.com.au/shop/mobile/network). I basically found a dead spot around my area and took the phone back to the store. The store put me in contact with the tech team who verified the address and the phone was returned on the spot. A couple days later went to another Optus store and signed up for the iPhone 8+.

    Hope that helps!

    • Gaz1 on 10/05/2019 - 14:31

      Does this work when the dead spot is not at your house?
      Or does it just have to be in your area that you might happen to pass through sometimes?

      • jj212 on 10/05/2019 - 22:16
        +1

        It wasn’t my physical address on my account but I just said that it was where I would be using the phone most.

  • vid_ghost on 10/05/2019 - 13:21
    +2

    If you got a Samsung you could just ADD a 512GB microSD card and you would be fine… Apple are trash.. why do people not know this already?

    • [Deactivated] on 10/05/2019 - 22:29
      +11

      If you got a Samsung, and it broke, you couldn't just walk into the store and walk out with a replacement phone 10 minutes later, with all your contacts, photos and apps imported onto it. If you broke the screen, you couldn't walk in and get it replaced on the spot, or get it swapped out for a new phone immediately. If you had a Samsung you couldn't use imessage on your macbook, use find my friends, or transfer all calls onto your computer while using it. I think Samsung makes great phones, but until they can match the infrastructure and integration, I'm not going to get one. (Realistically, why would I buy an Samsung for $1500 when I can get an Xiaomi for half the price though, if I were to buy an android phone).

      • Sean8802 on 11/05/2019 - 13:55
        -3

        Apples heavily controlled system you mean. Their OS is so locked down and has no flexibility. I do agree on the repair service tho once you wait days for an appointment and the store employee tries to blame you for the issue. Because Apple products are never to be blamed..

        • [Deactivated] on 11/05/2019 - 14:30
          +2

          Evidently you’ve never been in an Apple store and had your phone repaired (which most of the time just means replaced with a new one). The staff bend of backwards to help and often you don’t have to pay for repairs, even if they are your fault. To question what’s is regarded as the Apple eco systems greatest strength shows that you’re not being objective, you’re just a hater. I own both android and iOS devices, but for pure convenience and knowing that I will at some point break my phone again, I’m not going to get any other type of phone.

          • [Deactivated] on 11/05/2019 - 17:06

            @[Deactivated]: Sorry about the typos in this post, on an iPhone. Lol. I would actually consider getting an Android phone next, probably a Xiaomi, but only because if I break it, I can still buy another one for less the cost of a new iPhone, and my swap/service time is the same as an iPhone. But I probably won’t, because I don’t want to be one of those green bubble losers.

  • lockmc on 10/05/2019 - 14:32
    +1

    Those suggesting that optus did this deliberately.. Why would optus do this? They are selling the customer a cheaper product?

  • Ace Ventura on 10/05/2019 - 14:48
    +16

    Can we please change the title to

    My wife signed a contract she didn't read and now isn't happy with it.

    • belongsinforums on 11/05/2019 - 20:00
      +1

      Contacts aren't always black and white

      • Ughhh on 12/05/2019 - 00:43

        Life isn't black and white, which is why contracts exist. Signitures signify acknowledgement of the terms of the transaction, no he said she said.

        A phone model/size is very black and white, unless it was written in Chinese mixed with Latin.

  • montorola on 10/05/2019 - 15:00

    If all else fails, how about CCTV?

    • cyrax83 on 10/05/2019 - 15:14
      +7

      Unless she wrote 256gb with her finger in the air, what good is that? I'm sure the Optus staff have better shit to do than review CCTV for this lmao

  • happydude on 10/05/2019 - 15:23
    +1

    Section 54 ACL

    Good of acceptable quality is to mean "any representation made about the goods by the supplier or manufacturer of the goods"

    If the sales person messed up and you asked for a 256gb then you may have a case.

    • zonra on 10/05/2019 - 18:52

      you asked for a 256gb

      Okay how would anyone prove that?
      Fact is, OP/his wife signed the contract for a 64Gb (or else they would have pressed this point by now).
      He say/she say situation with absolutely no/nada/zilch proof: “Oh I asked for 256Gb but everyone in store tricked me and I signed without looking please refund”.

      • happydude on 10/05/2019 - 19:14

        It is decided on balance of probabilities.

        Proof is not necessarily needed.

        Just looking at the law. I agree that OP is up against it.

  • balkandishlex on 10/05/2019 - 15:50

    Ok wait. So if you knew you wanted the 256GB model you presumably knew what the price should have been.

    If you got all of the way through the contract and the discussion etc etc it should have been clear that you were paying (for an XS model) $95 instead of $107 per month.

    If you're paying the lower amount, then how is it the store's fault that you had a conversation, without listening, and signed a legally binding contract, without reading it, and accepted a box containing $1200 in electronics, without checking that you'd got the one you wanted?

    • foolsgold on 14/05/2019 - 19:43

      I think thats a big presumption, phone prices are more confusing nowadays more than ever. Not only do you have three models, but you have three sizes, and three colours. Then you have an out right price, a lease price, and a on plan price. Then within that you have different plans with different allowances. It has never been more confusing for a lay person.

      My father in law, case in point went into an Optus store asked for the most expensive iPhone on a plan, walked out with a XS Max 256gb (read not a 512gb), on a lease (not outright). In fact he didn't realise there was a different option other than leasing until I pointed it out to him.

  • locknuts on 10/05/2019 - 16:42
    -2

    Get Android so you can expand the memory.

  • porsche26c on 10/05/2019 - 16:57

    ummm, i remember when i went for a contract, the sales rep clearly point to the contract and said this is what your buying and even highlighted it. that was virgin (few yrs ago now).
    this is just silly and absolutely your wife's fault. you blame optus but it is her.

    • zonra on 10/05/2019 - 18:55

      More like a case of changing their mind and trying to get out of it.

      Next month’s post: “Hi all, I wanted a Camry, dealer sold me a Ford Focus on finance, been driving it for 8 months, can I get refund and sue for emotional damage?”

  • customundo on 10/05/2019 - 18:20

    So you committed over $2000 for a new phone but didn't bother to check the parcel you received? Sorry but there is clearly facts missing from this story or you are just careless

    Next time check the item you purchased and read your contract.

  • Eeples on 10/05/2019 - 18:22

    I guess you told her off big time; like most of the jerks do in threads such as these.

    • isthisreallife22 on 10/05/2019 - 20:54

      I can't get over the trolls on this thread, insane.

  • Cletus vandamme on 10/05/2019 - 20:04

    READ THE GODDAMN CONTRACT. If she signed for a 256gb phone and got a 64gb phone then fine. But I'm guessing she probably saw how much less she was going to pay for a "256gb" and signed away thinking she got a deal. You know when people ask you to read before you sign, well you probably should.

  • Cul8r on 10/05/2019 - 21:32

    We will absolutely pursue this all the way to court if we have to.

    Lol!!!

    Firstly sleep on this and approach without emotion. This comment is likely a function of you or your wife feeling silly for signing something and now frustrated that it’s been called out by the sales person.

    If it’s unclear or incorrect on the contract… fair game. If you didn’t read it, anything at this point should be considered good will and not that you are entitled to anything per se.

    I would also ask the question… is there any chance you asked “for a deal” to get a cheaper price and didn’t realise the conversation shifted to a smaller capacity phone and you didn’t realise?

    All this aside…

    Reality is, you are within your rights to call up and formalise a complaint. Remember you are angry because you too have made a mistake and don’t take it out on the poor person on the end.

    Express if not resolved you will contact the TIO. They will likely get you pushed to the internal complaints team that will essentially be the same people you would need to speak to upon raising it with the TIO.

    This will not be solved for you overnight, at this point be patient, you signed the contract.

    Might also add, these sorts of events that impacts a companies profitability is in time past on to either the shareholders or consumers through increased prices. These sorts of “fix this because it’s not my fault” complaints I consider a joke, thanks for upping the price on my next purchase. This is why you may be receiving quite a bit of negative commentary here.

  • ameno on 11/05/2019 - 10:05
    +3

    Title is misleading, it should read:

    "My wife thought she scored a sneaky bargain, but instead, bought the wrong phone"

  • Krish on 11/05/2019 - 10:24

    Worker should’ve gone through contract with your wife before she signed, Optus/iPhone contracts single out the device you’re getting.

    So if you signed up to the 256gb deal (and are paying the premium) - something like…

    IPHN SPGR 256 - should appear on their system and on your contract.

    If this is the case, you have every right to return the phone. If you were signed up to the 64gb deal then it should say IPHN GLD 64 on system and on contract - then there may be an issue.

    However, either way, the worker should’ve gone through the contract- highlighting things like pro rata/insurance if they tried the bolt on etc.

  • cnrmlj on 11/05/2019 - 10:35
    +4

    Should have checked:
    a. The contract before signing it
    b. The actual phone that was handed over before leaving the store.

    This is not on Optus. If contract said 256 but phone handed over was 64 then sure, it was optus.

    If i had stuffed up like this, i would go to Optus HQ complaints departement first and if no love there, then TIO.

    Good luck.

  • cashie on 11/05/2019 - 17:13
    +3

    Any updates OP?

    • Herbse on 11/05/2019 - 21:34
      +1

      OP has ghosted long ago.

  • utsc on 11/05/2019 - 17:38
    -4

    Take advantage of cool off period and return the phone.

    Look for a good deal on Ozbargain and purchase the phone you need outright Unlocked

    Say Thank You to Optus buy purchasing a Boost mobile 365 day plan (refer to Ozbargain)

    Now you can Enjoy your unlocked phone and the heaps of saving that you made.

  • spychiatrist on 11/05/2019 - 20:29

    Kinda similar to what happened to a mate…we bought a Pana 3D TV (when 3D was still the rage). Lugged the big bastard to his place. Unboxed. Placed on the pedestal. Turned on. Looked at the box…not a 3D TV. Returned to the store. Had to talk to the manager (who wasn't happy as he'll be left with a used TV).

    Too excited so forgot to look at the box, or too trusty with the sales dept? Regardless, things like this happen.

    However, if the contract explicitly states 64GB…then OP loses the argument. Having bought phones in the store under a contract, the sales rep will run thru the contract, highlight the phone you're getting, and blabber with the other T&C's.

    It's the OP's wife who's at fault here…Wonder whether she read thru the marriage contract? JOKE

    • xoom on 11/05/2019 - 20:41

      Wonder whether she read thru the marriage contract?

      What? People actually read those? Thought everyone signs their life away willy nilly?

      /sarcasm.

  • Herbse on 11/05/2019 - 21:36

    I wish the site would auto create/rename forum thread title suggestions like it does for new deals.
    It would fix this one to read:
    My wife signed and paid for the wrong phone. How do I weasel out of it?

  • utsc on 11/05/2019 - 21:45

    I think many here have missed the central point of this post

    That is the OP's wife assumed in good faith that the employee of large organisation was not going to trick her by giving a 64 GB iPhone when she specifically asked for 256GB version.

    It would be safe to assume that OP's wife would have carefully read a electricity or gas contract provided by a telemarketer as they are considered unreliable and known to mislead customers. I used to trust Apple but they after bad experience with warranties I don't trust Apple to do the right thing an more.

    In summary OP's wife made a grave mistake "trusting" Optus and can serve as a good lessons for everyone

    • zonra on 12/05/2019 - 02:37
      -2

      I think many here have missed the central point of this post

      Yep, and your comment reflects exactly that.

      That is the OP's wife assumed in good faith that the employee of large organisation was not going to trick her by giving a 64 GB iPhone when she specifically asked for 256GB version.

      And we know this how? Fact is they received the phone they signed for.
      For all we know it is a case of wife chose the cheapest plan possible, went home and realised she could’ve gotten a bigger capacity for a few dollars more.
      Others have pointed out that reps would have gone through the main points of the contracts with them before signing (ie payment amount, payment terms and the phone on offer)
      I know this because I have gone through the process as a customer both in-store and over the phone (pun not intended).
      People really need to stop crying victim everytime they made the wrong decision, the rep has no interest in trying to sell her a cheaper contract than what she asked for (I mean, think about it), nor would it benefit them in any way.

      In summary OP's wife made a grave mistake "trusting" Optus and can serve as a good lessons for everyone

      And a lot of people made a grave mistake of “trusting” a carefully edited side of a story. I prefer to look at facts in dot points with all emotion stripped out.

  • wyrmy on 11/05/2019 - 23:22
    +2

    Human error happens. Salesrep screwed up and didn't pay attention to OPs wife or the wife didn't make requirement clear.
    Wife then didn't check contract and/or box before opening (easy to miss with these iPhones because the capacity is only printed on the bottom of the box).

    Either way an Optus rep responded to this thread and asked to hear from OP directly. It would be pretty stupid of them to not allow a return in good faith considering she is more than happy to pay the higher price for a more expensive phone contract.

    • isthisreallife22 on 13/05/2019 - 00:49
      +1

      Finally some sense. Of course this is the right answer

      • john71 on 20/05/2019 - 10:32
        +1

        And Optus indeed sorted this out as we had hoped. Their phone support was excellent.

        As I previously observed, it was an unpleasant experience - made all the worse by the store reps' breathtaking rudeness - but also a good lesson. Even if, as my wife did, you request a specific item three times, take a minute anyway and inspect the damned box.

  • choumada on 12/05/2019 - 00:51
    -4

    Had a similar experience where a brand new samsung s6 was faulty and vodaphone refused to swap the phone. Cancelled the contract in the cooling off period and got all my money back. Left for telstra and never looked back

    Overall just: 1) Cancel the contract under your rights to cancel in the cooling off period under australian consumer law
    2) Start a new contract with the correct phone or change company

    • xuqi on 12/05/2019 - 08:37
      +1

      Wrong, cooling off period doesn't apply in this instance as they walked in to a store an initiated contact:

      https://www.tio.com.au/publications/news/cancelling-a-contra…

      Cooling-off periods do not apply where a consumer visits a provider’s store, calls to request a service or orders a service online. The purpose of a cooling-off period is to protect a consumer from being bound by an unsolicited contract that does not fit their needs, by giving them time to reassess and cancel the contract if necessary.

  • foolsgold on 12/05/2019 - 12:12

    When I worked in a phone shop and we believed something genuinely happened like this, and the customer wanted a different model of phone. We would bring it back into stock get the contract cancelled and resign them up. I worked for a company/network owned phone shop, so it was possible. But it would involve approval from State Managers etc. The best advise I would provide is to not use the phone, ie. if you returned home and see 64gb on the box, do not use it. If you continue to use the phone it becomes a used phone, has be sent off to a company that refurbs them. Dealerships I don't believe have the luxury of doing this, they would have to return the phone back into their stock and take a loss (which they won't, they most likely sell it opened to someone who doesn't realise).

    This hardly would ever happen in our stores, because we would spend the time activating the phone in store, putting the customers sim card in etc. As soon as we would open the box the customer would see the phone they had just signed up for.

    The scenario where this wouldn't work (and not saying that this what you did, but I've seen it before at stores)
    You: I want iPhone 256 gb,
    Store: Okay it is $120 a month
    You: To expensive, xy has it for $99 a month
    Store: Okay you can get it for $99 a month on this plan (deceptively, or doesn't emphasis its a 64gb, or a lease instead of owning it etc)
    You: Okay cool, sign up walk away and then realise.
    You: Return, demanding 256gb phone at 64gb price, after opening and using 64gb phone.

    Happens heaps at dealership stores where sales people are put on high sales targets.

    • hasher22 on 12/05/2019 - 19:29
      +1

      I made a previous post regarding my experience with these returns and how it affects the rep and the customer.

      Though, I forgot to mention, Optus can easily swap and change the contract IF the phone is unopened and the plastic wrap is still in-tact.

      When I was working, I would say yes on the spot whether its a rep error or the customer changed their mind (cause it was unopened and can be resold). Cause the swap can be done within 20 minutes and usually doesn't require managers approval. But when the phone has already been unwrapped and/or opened, it's hell to fix if the customer changed their mind or if it was a rep error because we cannot sell an opened cause it involves the manager, area manager, the rep etc and if it does get approved, it takes days to fix not 20 minutes.

    • john71 on 20/05/2019 - 10:37

      Thanks for posting this. That does sound like a plausible explanation for what happened at the retail store. It goes some way to explaining how rude and defensive the employees became when my wife tried to discuss the matter with them.

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