Let's complain to ACCC together regarding unsealed phones from stores like Unique Mobile

Hello guys,

I received an unsealed Samsung phone from Unique Mobiles and they refused to return for free, with a lot of bullshit.

I believe that I am not the only one who is unhappy about the unsealed phones from this seller or others. An expert told me that such phones could possibly be a refurbished one or a illegally unlocked or re-flashed one, which have potential risk for future updates. The wholesalers and sellers make much more profit selling such phones.

As such, I am talking to ACCC about the issue and if any of you have the same problem and hope to join me, we can work as a team to protect our rights as consumers.

Cheers!

Comments

  • +1

    Just wondering. Is this a grey import and the box was opened to include an AU power adapter?

    • the adapter was outside the box and actually cannot fit the big UK style plug.

  • Are Unique Mobiles' phones grey imports? ACCC won't deal with goods purchased from overseas.

    • -1

      UM is an Australian company, isn't it? It sells in Australia to Australian consumers, and should follow Australian law!

  • +6

    As above. This is OzBargain. The idea is to get items at the best prices. But it seems more and more that when we do so, we then turn around and complain about the items.

    It is EXTREMELY likely the phone has had Australian plugs put in or unlocked from it's country's network. This is what happens when you want the best price. You get them by grey imports. Mobiciti and even Kogan work the same way (a friend received a phone in another language and had to also re-calibrate the internal compass).

    If you want a sealed Australian unit, then pay for one.

    Sorry for the rant, but as much as I like OzBargain, it seems to be starting to fill up with people not doing their research, wrangling for the lowest prices, then complaining about little things like a box that was opened. HOW WAS THE HANDSET is far more important.

    Perspective please. Even though we find items cheaper here - you DO still get what you pay for. If the shrink wrap was off the unit, so be it.

    • this is your style of OzBargain, which is, what the sellers favour.

      Buying cheap items is not equal to buying second hand, refurbished, or hacked phones.

      If the grey import clearly suggested that it is a Samsung phone, it should be sealed as Samsung required, otherwise, it is an incorrect item. It is lie.

      • +1

        As much as you would like for that to be the case, if it's a grey import ACCC will not deal with it.

        If you have a legitimate reason for returning the phone, other than that you did not like the fact that the box had been opened then you've learned the hard way (as many do) that having to return an item to a grey importer at your own cost, through no fault of your own is going to leave you out of pocket, and I'm guessing in your case, with no phone.

        I learned the hard way when dealing with DWI (never again) that you need to use a shipping method with both traching AND A SIGNATURE. If you ask at Australia Post, they will tell you that an item with supposed 'tracking' alone is not necessarily scanned at all before reaching the destination post office.

      • +2

        Devil is in the details. AS has been the case more and more often unfortunately.

        First of all, can you be sure the unit was second hand or refurbished? Was it just the box opened or were the protective seals also of the phone? Did it have scratches or other markings to suggest it had been used?

        Sorry I do not believe an opened box = not new. An example of this is often when a customer buys an LCD monitor or printer from us, I will ask whether I can open the box to check for correct cables included for their PC so they can plug and go. I don't feel the unit becomes "used" just because I checked for some cables. That is nuts.

        As for "hacked", I wouldn't class a network unlock as a hack, as it is simply in fact returning the handset to a more factory set up, not less of one, but each to their own. Fact is handsets are cheaper to buy elsewhere overseas, and to make them work here we need to reset the factory settings. You pay less than an Australian retailer can buy the unit from wholesale from Samsung, good chance you'll end up with one of these. Retailers are not in the game for a loss. Exceptions are of course liquidations or clearances.

        Everybody, when buying handsets, if you do not want to go through these suspicions, look for the words "Australian stock", BNIB, Brand New In Box, or Sealed units.

        I know it sucks having to do your homework if you do NOT want this to happen to you, but that is the way it is now, the ACCC, Visa, Paypal or anyone is NOT going to protect you from this, as the retailer provided you with a working product which was the make and model as advertised.

        I will recant some of what I said if retony can show me where the unit was advertised as sealed and he took photos of the unit before he opened it, but otherwise, this is how it is now.

        At least we can all learn from it.

  • +1

    With some of the unlocks, it can be a bit of a hack, ie to unlock a Samsung Music via a box, a different firmware has to be flashed first, some of the newer phones, first require the software to be patched, before an unlock.

    I'd assume that the company is using boxes to unlock phones (keeping costs down) so they will have to connect the phones to a pc to perfrom the unlock.

    I haven't used the site, but if they have mentioned this, then I believe like others, you don't have a case. As mentioned before sometimes the extra $$$ is worth spending if it guarantees you of an Australian warranty and a sealed unit.

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