[Update] Optus Store Sold Wife Wrong Phone

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

        • +11

          I've tried to stay out of the comments of fear of being sucked into having to reply, but now it's pretty clear.

          It sounds like OP, although playing the victim, has also given us enough info to deduce they knew full well what they were going to buy. That there-in lies the answer for me. There's no way you would have walked in KNOWING the 256gb deal was $YY price, quoted $XX price and then walked out thinking……. Did I just score an awesome deal?

          It doesn't add up for me. If you knew what you wanted, you would have checked the details in store, you would have noticed a price difference (I don't know current prices but I'm hazarding a guess it's a significant difference between models).

          I'm all for the customer, but I really do feel that some people take way too many liberties with their own poor decision making. It's a 2 way street, if we want the rights, don't abuse them.

          2c

      • Mmmm but didn't you/your wife read the contract and see what it actually said? Which iPhone model was it?

      • in that case your best bet is just using the cooling of period, if any

      • worst case - try sell the 64GB phone and get a new 256GB one
        sure might incur some transaction cost but not something to be distraught about
        so many other things in life to distraught over, a 64GB phone shouldnt be one of them.

      • From what I can see on the Optus website all 256GB iPhone variants are $12+ more expensive than the 64GB counterpart. Even if the store rep didn’t mention specs of the phone they must have mentioned the total contract price. Are you telling us that you (an Ozbargain member for 2 years) just walked up to a store without knowing the price of a 24 month iPhone contract or you didn't know there is a difference in the price between 64GB and 256GB , or didn't look at the monthly premium on the contract ???

  • +38

    I have a feeling that OP's wife saw a cheaper deal and grabbed it, only to realise the reason it was cheaper was the inclusion of a 64GB iPhone instead of 256GB iPhone

  • +6

    also you forgot to post that this is ur first post and go easy on you hehehe

    • Ya not wrong there Narelle!

  • +1

    How much per month is the contract?
    Prices are clear on the Telstra site, so just check if she got the right phone size for the monthly cost.
    the 256gb appears to be $15 per month more expensive than the 64gb.

    • +1

      have a look at the topic hehehe - Optus Sold Wife Wrong Phone

      • +11

        topic should probably be - Wife bought wrong phone from Optus

      • +3

        it's not clear from the post if she paid for the 256gb plan and got the 64gb plan

        • dont think its unclear - if she paid for 256GB then im sure this post on OzB wouldnt appear

  • +13

    just put a bigger memory card in it…. ohh wait ;)

    yeah goto the TIO is the store lied and it's on your contact however if the contract matches the phone you got, i don't see any issue.

    • I was going to say that but would just get bombarded with android fanboi

      • +1

        apple version : pay for icloud storage

  • +2

    Does she really need 256GB?

    Might just have to use cloud services for a couple of years.

    • good idea
      icloud
      2TB: $14.99/mth
      200GB: $4.49/mth

      • +2

        Google Photos have unlimited high quality backups.

    • +13

      It's about owning the most expensive phone.

      Like. Omg. Do you like even…

      • for that, you can pre-order galaxy fold with no ETA

        • -1

          Hm, I get to say I have the most expensive phone and don't have to pay for it.

          That's the cake and eating it too.

  • +14

    Thread title should be: Wife bought wrong phone from Optus.

  • +1

    Failure to read terms of contract and back of phone in store and before opening puts some heavy onus on your wife

  • As someone who used to work in the industry, can tell you the TIO will not change things, your wife signed a contract which says 64GHB
    Optus will simply claim you have had a change of mind in regards to the storage which is not covered under your contract.
    Chances are your wife was given a price based on a 64GB model and took it, i dont know but you have limited chance to get it changed, TIO will most likley tell you the same.

    • +10

      64GHB

      Your auto correct is acting strange. This is not your dealer.

      • Can’t blame this typo on my mobile auto correct sadly :(
        Was on my pc when I typed it. Just had a brain fart me thinks.

        • +1

          That is less incriminating. GHB in your phone's autocorrect would be far more exciting.

    • TIO themselves won't change things, but the problem of having to deal with a TIO case might. Regardless of outcome, the business pays for every complaint handled by the TIO.

    • I guess it would depend if Optus are charging her for the 256gb handset where she was given the 64gb. She would likely have a case then

  • +28

    A consultation with a barrister will cost you a 256gb phone per hour.

    • Just to learn that we should read contract before signing it… Expensive lessons :D

    • This is why I prefer to consult my barista instead.

      • Barista? I ask the random lady walking their dog. They are in the know when it comes to legal matters.

        • Yeah, same as my barista. $3.80 for legal advice and a coffee!

  • +1

    First step should probably read the contracts you sign

  • +1

    What does the contract/invoice say about the phone specs?

  • +7

    20 years ago, people didn't bother reading what they sign, 20 years later, people still don't read what they sign.

    • -1

      Why did you pick '20'?

      • Long time but not quite dinosaur time length. Time where internet and Google was new, so fair enough if you weren't aware, but now in 2019….

        • -1

          Long time but not quite dinosaur time length. Time where internet and Google was new, so fair enough if you weren't aware, but now in 2019….

          Thanks for educating me on the relevance of using the rise of the internet and Google as a reference point. My brief search on the 'internet' has revealed that contract law dates back to the Ancient/Medieval times. I believe dinosours predates this? Though I am not an expert…

          Source: https://en.wikipedia.org/wiki/History_of_contract_law

          • @moo: I wasn't educating you or anyone. I'm sorry you've misunderstand a very simple point.

            Time where internet and Google was new, so fair enough if you weren't aware

            Google and the internet didn't exist in medievil times incase you didn't know. People couldn't research nor raise awareness like online forums today. 20 years ago, not everyone had access to the internet, thus less exposed to (common sense) Warnings. I'll repeat in simpler terms, Everyone has access to internet now, so basically no sympathy for not reading what you're signing.

          • +2

            @moo: I'm also surprised you didn't nick pick about the exact date. 20 years 4 months day 31 10hrs 1min 58secs.

      • She wants to go back to 1999

  • +12

    phone and wife don't match?
    Can't change the phone?

    Only one option left as far as I can see:
    Change the wife!

  • Suggested Thread Title: Wife Bought Wrong Optus Phone

  • +2

    Call the cops and they'll wave their batons around while having a stern word with the Optus CEO. Should never happen again after that and you'll probably even be given a 512GB iPhone to compensate for the trouble.

  • Look at the contract. She signed 64GB and she got 64GB - in person, then you have no claim. Why did she sign without reviewing what she was signing?

    You could possibly try your luck at cooling off period but no idea if that applies in this case considering it's a handset and was done face to face. TIO will not do anything - the contract is the contract.

    Also someone else mentioned does she have an email or some form of comms from Optus detailing she asked for 256GB from Optus? This may help.

  • +8

    Get a new wife

    • +2

      New post. Bought new wife. Was sold a husband instead.

      • +1

        Instructions unclear - wife bought a wife and now I have 2. Help

  • -1

    Interesting comments above. My understanding is that what's written down can be black and white, however a verbal agreement can also be seen as a 'contract'. I can't help but think that OzBargain has quite a fair few armchair commercial & legal specialists…. :)

    • +2

      You are correct that a verbal agreement can also be seen as legally enforceable. The problem with verbal agreements is the proof that it occurred. If Optus do not admit to saying it's a 256 gb phone then it becomes a he said, she said type scenario and it would default onto whatever has been signed which I am guessing is a 64gb phone. OP can try and fight it but it's definitely going to be an uphill battle.

    • 64gb from optus is counter-offer. Wife signed= acceptance. Contract is still valid.

  • +3

    Have you activated your phone? Apple requires you to agree to their EULA (end user license agreement) if you have not agreed, you should, in theory be able to return phone back to apple

    • Opened Packaging = Used. Why would Apple take it back? She doesn't have a contract with Apple, only warranty.

      • +6

        actually apple are quite happy to accept a return if a product is used.

        Apple's EULA states

        IF YOU HAVE RECENTLY PURCHASED AN iOS DEVICE AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE iOS DEVICE WITHIN THE RETURN PERIOD TO THE APPLE STORE OR AUTHORIZED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO APPLE'S RETURN POLICY

        their website states

        if you cancel your mobile network service, you will be responsible for all applicable usage fees, prorated access charges, taxes, surcharges, or other charges imposed by your mobile network operator through the termination date, including any early termination fees or penalties, if applicable.

        • +1

          THIS. Apple rep told me just to get a new macbook and return in within 14days no question asked when I asked if I could hire a macbook while mine was being repaired. Maybe it is the same case with iphone (14 day return period)

    • I like this? Are you a lawyer or something?

      • +3

        or something ;)

  • +4

    Get a divorce
    - Reason
    - Cooling off Period
    - Wanted the more expensive model that would provide the girlfriend experience

  • So were you in the store when your wife signed the contract? I think she’s bull$hitting and saw the price of 64GB deal and signed that one instead.

  • If the phone still on seal you can swap new one mate. If not bad luck because when she signed paper work that mean she agreed with their T&C.

  • +1

    So what was the value of the contract? Which plan is it?
    Maybe you can sell the phone at 80% of the cost and buy a new 256gb phone. It's a small price to pay for not reading the contract. Take it as a lesson and move on. Your wife could have accidentally signed something larger of value.

  • +3

    when you go back to Optus to plead your case , ask them if you can return the wife as well for an upgraded model.

  • Way I see it you've got a few options

    • Sell the phone and buy the 256gb version outright
    • subscribe to icloud storage
    • don't store as much crap on your phone (backup to your mac book often)
    • use Google photos for free online unlimited backup and clean up your phone often.
  • +17

    Is the OP married to that girl who bought the out of date child seat?

    • +1

      Expired child seat lol

      • +6

        Expired children don't need car seats

  • +5

    Don't iPhone boxes have the storage capacity on the boxes anymore?

    • +2

      Yep, always have been on the back of the box.
      Given that OP’s wife didn’t read the contract before signing it, she prob didn’t check before ripping into it either.

      Edit: misread the the question.

    • +1

      They do, at the back.

  • Bought an iphone that's the problem.

    • Imagine if it was an Android; "wife wanted a Samsung Galaxy S10, salesperson was confused and sold her a Samsung Galaxy Ace".

    • +2

      My thoughts exactly. My usual advice in this situation is to put a bigger micro sd card in it. But you've basically bought into all the anti-consumerism available to you here.

  • +3

    Having recently gotten married, just buy her a 256gb model to keep her happy. Happy wife happy life. Sell the 64gb

    • +10

      Don't buy things to make her happy.. it's a trap!

  • +1

    First: Lodge a complaint with Optus and get a claim number

    Next: Lodge a claim with TIO and enter your claim number

    Operators just say yes to pretty much anything you ask via TIO. If it escalate then I think they have to pay fines so they just resolve matters quickly.

    I had an issue with wrong plan information given to me by Optus (was told international minutes were included when it fact it wasn't) got it resolved via TIO

  • +2

    I went with my wife
    I am outraged

    What did you do the whole time you were there?

    • +1

      Emoji Camera

    • +5

      Was being a useless husband, I guess?

  • OPTUS SOLD YOU WAF>?

    • +5

      OP has two accounts by the looks of it ^

      • Mods have the tech to confirm or deny :-)

        • +4

          It’s his wife.

    • Do you never check your contracts? You'd be so easy to scam.

  • +1

    As person who worked in the industry many years ago. I believe the onus is on salesperson to make sure the right product was given before signing anything. I'm pretty sure the storage is still on the back of the box. I would ask the customer multiple times to make sure if it was the right product and plan.

    However, Optus should be able to cancel the contract and recontract with the correct handset. I wouldn't bother doing anything in store and just call them up and explain your situation. It won't be at quick process but possible. You may see a cancelation fee on your next bill but it should be credited to your account to amend this change. They will request for the handset back via post or maybe you could drop it in store (Ask the Rep over the phone). Hopefully this helps.

    • They can swap it easily if the phones plastic wrap has not been unwrapped. But if it was, then it's a huge hassle.

  • Did, at any point, the staff member specifically say “this is a 256gb phone”?

  • +19

    From a person that used to work in an Optus store, I believe there is more to the story than putting blame on the rep who gave a 64gb instead of a 256gb.

    From experience, disputes and all the returns that I have to deal with and the internal reports all stores have to go through on why a phone is being swapped, reason: "rep error" is less than 1% of all swapped phones if it indeed was a rep error.

    I find it hard to believe the rep, even a new rep would skip approx 5 checks, personally and through the system.

    1 - the rep have to physically read it was a 64gb or 256gb on the box, also the customer can also look at the box as well as its infront of them
    1a - majority of the customers are excited about new phone, usually they would look at the box. Maybe they read if its the right model or not, but they pick it up before any info is entered onscreen. This is a good time to check.
    2 - the contract would have stated 64gb
    3 - the system would not put through a 64gb IMEI if a 256gb phone was selected or vice versa
    4 - the pricing would be wrong
    5 - the customer can see all the information on screen
    6 - the rep would have gone through all the options such as insurance, right phone, colour etc.
    7 - you should have checked the phone too or at least the screen on what's being charged

    For a rep to stuff up this badly, is very rare.

    I strongly believe the customer just wanted a 256gb phone instead of a 64gb phone and the easy way out is to blame optus.

    You do know that rep now has to face backlash from their manager, is now on the radar, now has a cross next to their name, is now a permanent mark on their next performance meeting, you have postponed their next pay rise……. all because you changed your mind.

    reps know that giving the wrong phone gives them hell to fix, cause it is hell to fix in the back end. Even giving out the wrong colour is a hassle to swap because of the internal process the manager and rep has to go through. It's not fun at all. That's why reps are on the ball when giving out the right model phone.

    When I was working, I would tell the customer at least 3 times if the model is right for them cause there's no swapping or change of mind.

    The only way to prove me wrong if the rep admits fault.

    • I would remove the comment about rep penalty. OP is "outraged" and his wife "distraught", Karen might make life hell for the poor rep…

    • I find it hard to believe that a person wouldn't check to see if its 256GB if 256GB was important to them?

      I was under the impression that an iphone is expensive? Expensive enough to make a double check before you sign your name? Of course, I am unlike the OP's household that has money to burn on a mistake (I own a nokia 3 and my wife a Sony Z3)

  • +7

    Usually, when I buy an exxy product, I check the box specs and contract (if applicable) before handing over $$$ or signing. But that’s just me.

    But I do get it, the store reps do make you feel like you’re wasting time for checking everything. Remember, it’s your money and you’re entering into a contract. Take as much damned time as you need.

    • +6

      Good advice. I voted for Pedro.

      • +1

        Did the same ! :D

        • +1

          I have a "Vote for Pedro" tshirt that I wear to every election.

  • +2

    If the contract stated a 256GB model, but given a 64GB, then that would be an easy fix; the Optus rep’s mistake.

    If the contract stated a 64GB model, and that was what was given, then Optus might give the courtesy of annulling the contract and allowing it to be re-done, however this would only be possible if the phone is unopened and saleable.

    From what the OP has said, the contract stated 64GB, and the phone has been opened. The only “argument” you could present is “sorry, but I didn’t read this contract properly before signing, and would like you to take back a >$1000 handset which can no longer be sold because of my mistake”.

    Don’t go blaming Optus, nor the rep. Don’t go filing any complaints which could get the store or rep in trouble for your own mistake, nor should you tank their NPS (although, I suspect that’s too late). Own the mistake, and move on.

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