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Wrong phone, can't do anything about it.

BottleOh

Has anyone experience this? I recently went to the optus store to get the Pixel 3 XL,  I went to work, opened the box and then realised it was the Pixel 3. I went back to the store and told them and they were like "Oh s***, we actually don't have any more XL's just only in "not pink"". So I asked if they could order it in or if I could go to another store, which they replied, "Sorry, we can't do anything like that", I asked If I could talk with them the next day, and they said okay. Went to them the next day and they explained to me they already downgraded my plan?????? What?, So i asked again, is there anyway I could get the Pixel 3 XL, and they explained to me that there is not, and since it's out of the box, they're unable to do anything about it

So I tried escalating it, I called up optus, and they said the exact same thing, they already downgraded my phone plan and since it's out of the box I am unable to do anything about it, I went to the phone store 3 times already (The phone was not in use at this time, the phone was still in its packaging, just the box was unsealed). Called optus a 2nd time, the person on the phone said the store had asked me If i wanted to go to another store, or wait for it to be delivered which I declined? No I did not, I was the one that suggested  that, they were the ones to decline me. So now, Yes the Pixel 3 is the exact same phone as the XL, but I wanted the bigger form factor, pixels and battery, that's why I picked that over the Pixel 3, so I don't have to carry external batteries or anything for that matter. So I'm basically forced into using the phone that I did not sign for. This is basically giving a phone to a customer, telling them to unseal it and then going "You're on contract with us now", I';m not even able to return the phone and get a cancellation without any fees.

 

This is the second time where I've been screwed over, I'm currently paying $40 extra  a month on my phone plan because of a mistake, and since I caught it 2 months after the phone plan they deemed it as too late and nothing they can do about it.

 

So my question is, is there anyone I can contact about this? I'm currently using the Pixel 3 now because I've basically given up, but not fully. I still want the phone thatt I came up to sign with. Or if there's a way to cancel my phone plan without paying the $1000 phone payout, I would love to hear it. I'm pretty much done with optus. There's even problems with my internet that they stated to me they're unable to do anything about it as well.  Is this just me?

Re: Wrong phone, can't do anything about it.

petergdownload

Customer service people can get their responsibilites wrong. You have legal rights and my read is you should be able to swap the phone over given it was their error.

 

I don't suppose you got any paperwork on the original sale? CIS? Plan monthly payment schedule? Its not critical but makes things easier

 

It really depends on what essentially they felt they were selling you. I take it all discussion was about a Pixel XL? You say they have already downgraded the plan? This suggests you were signed up to a Pixel XL plan at a higher cost? 

 

Assuming the staff sold you a Pixel XL plan then they can't retrospectively turn it into a Pixel Plan. They made a mistake and need to rectify it - either cancel the deal (and you can return the phone) or provide you with a Pixel XL (which it seems they can't?)

 

Consumer law is pretty tight on this. I would write a official complaint if you can't find a sales person to do the legal thing. Then onto the TIO.

 

Peter Gillespie

Re: Wrong phone, can't do anything about it.

[ Edited ]
BottleOh

Yeah there is paperwork that I signed at the store. Yeah they were suppose to be giving me the Pixel 3 XL as that's what I came into the store, asked for, signed for. Even right now my plan has not fully downgraded yet, says that I have the Pixel 3 XL.
Their arguement is that I agreed to it, (Which I did after the second day), Until I realised that they were just saving their own butts. But that's after I tried to get the pixel 3 XL from another store, or as if they could order one in, which they stated they can not. I took no note of it for a bit until I thought why are they unable to do that? They should be able to.

Re: Wrong phone, can't do anything about it.

petergdownload

The agreed to bit is problematic. Understanding consumer law is pretty rare and in the heat of the moment of just wanting it fixed and not wanting to make trouble etc. you agree to something not what you are wanting (or owed).

 

You could say you didn't agree but that's up to you. Alternatively you can sell the phone for a $150 loss and buy a refurbished Pixel 3 XL on eBay and likely break even (just plug the SIM card in and the plan continues).

 

You could also upgrade the phone to an XL (or Pixel 4)  in 12 months time for $99.

 

Peter Gillespie 

Re: Wrong phone, can't do anything about it.

BottleOh

Yeah I felt bad for the guy. I've been trying to fix it through optus. Though the customer salesman that gave me the phone has been to his company. As on the day I asked him if he could order one in or if I could go to another store and he said he couldn't do that, that's when I left. However, optus called me back when i asked them and they stated that I was the one that declined going to another store.

 

I've been trying to solve this issue with Optus for the past week before escalating it, the best they do is give me $149 off on the trade in fee at the end of the 12 month contract. Which I disagreed with since I'll be paying for a full price contract to own the phone just to give the phone back, "It'll be just like a more expensive lease" is what I said, and for some reason they took it as that I wanted to be on a lease contract so they put me on one?

I'm awaiting an email from ACCC or fair trade now.

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