Disgusting and Illegal Experience at Doncaster Optus Store

[hxl]

Hello,

I have had an extremely unfortunate experience at an Optus outlet at Doncaster Shoppingtown.

My iPhone XS is experiencing an unacceptable software glitch (boot loop after updating) making it completely unusable and thus not of acceptable quality, a consumer guarantee (s 54) under the Australian Consumer Law (ACL), as the phone is completely unusable and cannot be fixed (due to no fault of mine).

I explained this to two gentleman named KAY and TAZ who refused to help me. They attempted to blame the software issue on the cracks on my phone, and informed me that their 'warehouse' would refuse to look at the phone without the cracks first being fixed by Apple. This is illegal per the ACL, which I explained to Kay and Taz. Optus (the supplier) legally must not refuse me assistance and send me to the manufacturer, however they refused to both listen and assist me.

Given this software glitch is a major failure to comply with a consumer guarantee, I, as a reasonable consumer, would not have acquired the phone had I known of this issue (s 260(a) ACL). As such, as the supplier, Optus are legally obliged to refund me as I reject the goods (s 263(4)(a) ACL).

A cracked screen is quite clearly a seperate issue from a software glitch, and I find it both cowardly and elusive that Optus would cower behind Apple and an unrelated issue as an excuse for providing me my legal entitlement. Never have I ever experienced such blatantly rude and improper customer service, and I would encourage anyone to avoid Optus in any way, shape or form.

Optus needs to take responsibility for the products they provide their customers. I bought this phone off you, not Apple. I am entitled to a refund yet your staff cast me out and treated me as though I was the craven one. I demand a formal apology and acknowledgement of wrongdoing.

[Serena_YC]

Hi @hxl, 

Thanks for taking the time to provide your feedback on your negative experience at the Doncaster store. As this is not the experience we would want for our customers, I have marked your post to be passed on to our internal teams for review. 

Generally speaking, we can always send a device off to our Repairs team to be assessed and in cases where there is physical damage to the device, there may be a cost involved to repair the device. I do sincerely apologise that this had not been communicated with you properly by our teams instore. 

As we are unable to look into account details on Yes Crowd, I would recommend sending a private message to the official Optus Facebook or Twitter page. Our Social Media team can then securely confirm your details and take a closer look into this for you. 

[petergdownload]

ACL is something of a negotiation. Your issue isn't clear cut and how it is resolved can involve a bit of give and take.

Unfortunately physical damage can muddy the waters but I agree about loop issue is not related. Suggest you get the phone checked say an apple store. Yes Optus can't force you there but all Optus will do is give the phone to Apple. Might be a quicker fix.

[YetAnotherAcc]

You totally missed the point @Serena_YC . The problem is the Optus wont even look at the reported problem because of the damaged screen. It is being unnecessarily blocked by the store staff and/or warehouse policies.

That's like a mechanic saying they can't investigate an engine problem until the windscreen is fixed. Totally unrelated issue that is blocking the main issue being investigated. 

[hxl]

Thanks Peter - I am very familiar with the provisions of the ACL and it is quite clear from what I can gather online this boot loop following an update is a common issue and most often the phone cannot be repaired at all because it is not responsive to any sort of reset - it is in a perpetual state of resetting itself, no matter what.

I am hesitant to go to Apple because a) they require an 'appointment' and are booked out for up to the next two weeks at my nearest location and b) they are not legally liable to provide a replacement or refund me. Optus are, and I would like a refund for this incurable defect which is a known inherent fault with the device.

[hxl]

Thank you for your support - @Serena_YC something more than a cursory ad-hoc, template response is required here. I appreciate your trying to help me but the law is clear - where there is an inherent, unacceptable fault with goods, the supplier is liable to refund the full value of the product to the consumer. Please advise if Optus is willing to abide by the law and save everyone time (as ultimately I will get my way), or if I have to go through other channels ie. the Telecommunications Ombudsman, the ACCC, CAV etc. etc.

[petergdownload]

ACL law isn't 'clear'. It's deliberately vague. A key component of 'major fault' is 'can't be repaired in a reasonable time'
It's your opinion this is a major fault. It's your opinion this can't be repaired. If you want to exercise your ACL rights then there are steps you need to go through. A right doesn't mean easy. So first step is to submit the phone to Optus for examination and possible repair under Acl. Once you get a response then you can move onto step 2.

Fwiw you won't get anything more than a cookie cutter responce on this forum. You will need to deal with the store or Optus Facebook to progress.

I would suggest making that appointment with Apple. In most cases they will just replace the phone with a refurbished one if they agree the boot loop is unrepairable.

[hxl]

Thanks Peter, I agree. It will need to be first assessed by Optus or their 3PL 'warehousing' company, which I suspect is deliberately slow, cheap, and impossible to communicate with so as to dissuade me from getting this resolved with Optus and to push me towards Apple.

I will endeavour to get this fixed with Apple when I can get an appointment, but in the meantime I will pursue this with Optus. I really appreciate the advice as Optus do not seem intent on helping me.

[petergdownload]

Optus aren't alone in not handling our even recognising ACL well. Many company employees still only think I'm terms of 'warranty' which it's what you have rain into.

It's frustrating but one is best to take the emotion out of the process. Yes this means it can take longer but hopefully it is a path that will inevitably get where you are entitled to go.

Good luck

[Vbarski]

I can understand your frustration as a customer but as I've personally have worked for multiple telcos, retail stores and manufacturers.
As far as I know and am aware of (and actually did a research into Australian Consumer Law prior to posting this)
The wording of the ACL is quite vague and actually does not raise the rule regarding a decide or product that has been physically damaged. As your iPhone was physically damaged as far as I'm aware manufacturer warranty is void and in the case of electronically devices where damage to any major component (and yes the screen display is a major component due to protecting other components behind the screen, including every major part of what makes a mobile work) then I believe the ACL becomes not something you can claim.
Someone used the argument of not fixing an engine because of broken windshield which is a fair statement but does not apply to a mobile phone because of how interconnected the components are, screen damage gives way to potential damage to internal components due to exposure to extra heat, cold, elements, extra pressure and damage which is outside of the manufacturer specification and standard terms of use.

They suggested you take it Apple actually makes sense to me, if the phone is sent to the service centre you are guaranteed to have a cost associated with repairs as the damaged screen would make this an out of warranty repair, the only ones that would be able to test this for a major fault as you say would be Apple themselves, and it would be on them to see if this fault is not related in any way to the physical damage of the device that was caused by you (the user).

I've seen too many times people claim consumer law when they caused PHYSICAL damage to the device.