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New Contributor KarlPro
New Contributor

Cancelling a Service within 24 hours and no fee

Hello,

I got two Samsung galaxy watches yesterday. 

The salesman said I would need a plan and two shares to get the watches to work. Since my wife is with Telstra.

She got her watch and found it paired it with her device and under Telstra it would work.

So I do not need one share and the plan. Apparently I need to pay a cancellation fee even though I cancelled it within 24hrs.

I see this as unfair because I thought there was a cooling off.

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6 Replies
Honoured Contributor
Honoured Contributor

Re: Cancelling a Service within 24 hours and no fee

Hi Karl,

Unfortunately cooling off periods only really apply if Optus contacted you out of the blue (phoned, door knocked, etc.) and proposed the deal. It sounds like you asked them though.

So the deal you agreed to stands. Yes circumstances changed 24 hours later but it could have been a week later or a month later to similar effect. It does definitely still fall into the category of would the company be generous and cancel the plan for you.

As there is hardware involved this can complicate things. Esp. at Optus. Here are a few options you could consider:

1) I presume you will keep one plan and watch for yourself.

1) See if you can't just pay out the other watch. Optus may be willing to cancel the plans with no penalty. You then get an new watch sealed and can sell new for $50 off retail price.

2) Perhaps have your wife cancel her Telstra plan. They do month to month now and the hardware is separate so its actually very easy to leave with no penalty and just pay out the watch.

Peter Gillespie

Note if you are on Optus and the wife on Telstra you don't get to family share the plan data that Optus offers.
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New Contributor KarlPro
New Contributor

Re: Cancelling a Service within 24 hours and no fee

In my case the salesman said I need a plan (since she is on telstra). So got the two watches. Two number shares and a plan.

My wife pair her new watch to her Telstra service phone and received a reply of "do you want number share for $5" she said yes.

So I have one number share (which can be cancelled at any time) and a plan I don't need.

My wife called the salesman who said he didn't realise the watch would work with Telstra.

After being online for over an hour I believe it was resolved. That is one plan cancelled with no fee and one number share cancelled with no charge.
I hope what they did through the message service does work.

I have been told in other cases by the TIO there is a cooling off period. Admittedly is was 3 years or so ago when I was working out nbn issues.
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Honoured Contributor
Honoured Contributor

Re: Cancelling a Service within 24 hours and no fee

Well the representation that the watch required an Optus plan to be functional should be enough to cancel the plan without issue. It sounds like an innocent mistake and it seems you've already been told it has been resolved? So that sounds like a good outcome.

Cooling off periods apply only to very specific transactions (auctions, car sales, telemarketing and door sales mostly). All other contracts you sign are generally binding from the moment you sign them (unless stated otherwise in the contract). You can read about them here (at the bottom of the page)

 

Peter Gillespie

New Contributor KarlPro
New Contributor

Re: Cancelling a Service within 24 hours and no fee

Okay. Thank you for your reply.

I spent an hour on the online talk. The person who I was conversing with said it "should" be cancelled and to contact them if it isn't.
My problem was that I didn't save the conversation. I was talking to two people and outlined everything a few times.
Happy with optus. Rang the salesman from joyce mayne and told him what happened. I got the distinct impression he may have sold it to me but he can't help. He seemed surprised that it worked on my wife's Telstra account.
So I hope it was a genuine mistake and now all sorted so we are happy.
Galaxy watches are fun so far.
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Honoured Contributor
Honoured Contributor

Re: Cancelling a Service within 24 hours and no fee

FWIW sales staff in Optus handle selling you the service product. After that the administration etc. is handed over to backed staff at Optus head Quarters. In most cases the best a sales person can do to help resolve an issue is connect you with Optus HelpDesk.

Hopefully all sorted now though.

Peter Gillespie
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New Contributor KarlPro
New Contributor

Re: Cancelling a Service within 24 hours and no fee

Yes it was. After an hour or 2 online with two different people. They were patient in trying to understand the issue and then resolving it for me.
I should done more research. Which I did after all of this and found on the samsung site it mentions Telstra and gives a link. So no new plan for phone or phone share sim needed. Only my phone.
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