JB Hi-Fi - Sold Apple Watch as New

Bought a brand new Apple Watch at JB Hi-Fi. Didn't think too much of it when none of the green arrow tabs usually on Apple products were on the box and not even partially charged.

Once arriving home and charged the item, the Watch was locked to the previous owner's account and could not even be used. This was supposed to be brand new, paid price of a new product.

Had to go back to the store, got it replaced with a new item, but still had to travel and waste time and fuel during weekend going back and forth from home, not to mention the previous owner getting alerted on our connection attempt to the Watch showing our details in terms of mobile being used and the location of our home. No compensation, no discussion of what is wrong etc by JB.

I had mentioned to them the issues in advertising and selling product as brand new when it has clearly been used, and that ACCC has actually investigated this issue back for JB Hi-Fi before where mobiles were being sold with contact and contents still on the phone. They told me they know nothing of it and just an honest mistake.

I know mistakes can happen, but that for me it alerts procedural issues in returned or traded-in products on due diligence of ensuring that products are factory reset and wiped. They did not attempt to take any liability of this issue nor mentioned any means of compensation. They even really asked us at first if we wanted a replacement for a new one…

Related Stores

JB Hi-Fi
JB Hi-Fi

Comments

  • +186

    It’s a mistake. It shouldn’t have happened but you’re not due any compensation except for them to offer replacement or refund. Move on.

      • +54

        Nope. Doesn’t work that way.

        Don’t forget you accepted the goods yourself in store too.

        • -5

          yes. i mean if you want to be technical the acceptance was on the basis that it was brand new

      • +32

        Glad you didn’t get sh!t from them for your whinging

        • -1

          i don’t understand what my whinging is in this.

          they sold me a used item as new.
          i went in let them know that it was used and locked, so they got me a new watch.
          i informed them on my concern regarding the issue in case it happens to others.
          they acknowledge that it was an issue.
          i walked out.

          i never asked them for compensation, or anything of that matter.
          i never raised my voice or curse at them or be rude.
          they told me it was a mistake, i told them it’s fine but something to be mindful of in case it happens to others.

          what exactly was it that was whinging? informing them of an issue that they will now probably look into for better control?

          • @jp185:

            what exactly was it that was whinging? informing them of an issue that they will now probably look into for better control?

            Isn't this post whinging? Why would anyone care? You got your watch - move on!

            There's people displaced from their homes and familes due to war all around the world and you are worried about this.

            • -2

              @antonthenet: they referred to it on the time basis of me being there with the employee.
              me not getting anything because of whinging implies i was whinging to the employee, where as you’re pushing the narrative that it’s because i posted this that i shouldn’t have gotten anything.

              sigh. if you want to bring extreme relative global issues, then in flip why are you invested enough to comment rather than contribute for said happenings?

          • +1

            @jp185:

            what exactly was it that was whinging?

            You created a thread to whinge / vent / procure sympathy. If not, what outcome are you seeking from this thread?

            • -2

              @DoctorCalculon: again, wasn’t directly at the employee. no correlation for time factor. there is no calling out to specific employee or branch for their anonymity, only reference to the large corporation.

              outcome would be for people to understand these errors happening so customers and returnees are aware to avoid receiving 2nd hand or returning with user’s documents still in the devices. ACCC investigation was because a mobile had been sold as new, but it has previous owner’s media contents (images and videos) and their contacts. Mobiles, tablets etc have a more robust security now, but same don’t apply for cheaper goods or even PC/laptops where you’re not always obliged to put a pin.
              More often than not, average consumers do not know all the legal rules that actually protects them, and businesses take advantage of that by pleading ignorance. Same case for back when ACL was warranty coverage for 2 years but retailers and manufactures would state on item you get 1 year manufacturer’s warranty, and unless ACL was mentioned they would fault the consumer for not purchasing extended warranty.

              business won’t change unless made aware that it has reputation/financial impact. actively ignoring only hurts customers by absorbing the business’ fault/expenses without multi-million dollar corporate insurances to cover that they have.

      • +20

        i wanted compensation at the very least to make up for my travel time

        By your reasoning, everyone who doesn't live next to a store should seek a discount as compensation for the time taken to get to the store then the time taken to get home. ROFL

        • +5

          Only if the store has f'd up, as they did majorly in this case. They're responsible for ensuring as much as reasonably possible, that the goods are in the right condition to be sold. How does OP bringing up the inconvenience etc, illicit such a strong response against them and the right to compensation for their time and inconvenience? Without repercussions, what's to say that retailer wouldn't continue this practice and not improve their process?

        • -3

          the idea isn’t just me trying to get money off of them. brick and mortar stores are dying because of overhead costs, but people still rely on in-store visits for on-demand purchases to receive goods straight away.

          With online purchases, at the expense of delivery time, you get exclusive deals, cash backs through apps, or much more competitive prices from different businesses which is why stores don’t do price matches on online only stores.

          The whole point of brick and mortar is to cut the wait time and any inconveniences… If that one advantage of is being overlooked, I honestly don’t see much point in future years to come.

        • Let's put scenario, you got the product for someone who is overseas, and you bought a product that has clearly stated that it is a brand new one. You take it there and then realize it's used and locked. So should the company be liable?

      • +16

        hahahahahahahahahaha JB you've done it again!

      • -5

        You sure have have had a tough time.
        Go for the compensation.
        My wife who has Parkinsons Disease plus Cholangiocarcinoma had a fall on Good Friday and fractured her pelvis while attempting to get to the TV remote control to change channels to the ABC.
        After the past 10 days in hospital and with no real prospect of returning home the bills are already beyound $1000 so I am seeking compensation and an apology from the ABC for all bills, plus petrol used getting to the hospital to help feed her three times a day.
        I do realise that your dreadful experience has caused much more grief to yourself and family than my situation, so all the best with your claim.

        • +5

          If you are for real, this is a pretty poor taste analogy. And feel sorry for your wife and your sufferings. Even by joking, your wife' case is different to the OPs. I cannot quite get the negativities here. OP was given a watch sold as brand new. And based on the ACCC story, this is not an 'honest" mistake. Move on is a terrible attitude and even worse asking others to move on only because you haven't got it (I know you will argue you would move on so report back next time when you actually do).

          • +7

            @mountaineer: It's called putting things into perspective.
            Joking ? … far from it

            Someone has probably made an honest mistake at JB.
            The watch has been replaced yet the OP bleats about wanting petrol money.
            I hope he has kept his dockets.
            Perhaps he could also claim for the leather wear on his shoes or tyre wear or general depreciation on his car.
            Just neg the comment if you think it was in poor taste.

            • +2

              @IanC: If there hasn't been the ACCC investigation case I may have believed it was an honest mistake, and should be let go. However, given its track record it is not. I never worked in any retail environment so I could be very mistaken on the right procedure of stocking goods for sale however I do have some kind of warehouse experience of general merchandise. To start, from a daily stocktaking perspective, if there is a mix up of returned goods, the daily balance cannot be achieved. An new Apple watch is not a cheap item can be 'absorbed" by the business, it will have to be found or an incident report must be filed to count for the missing item. ( it is a general rule that the accounts team reconcile on a daily basis on the stock list). So to just say someone made an honest mistake in this kind of merchant in a company as big as JB HiFi, it is not convincing

              • @mountaineer: It's also rather naive and dismissive.

              • @mountaineer:

                An new Apple watch is not a cheap item can be 'absorbed" by the business
                For a business that size an Apple watch is nothing mate, coupled with attitude from corporate employees it is more than a honest mistake by someone causing by slack of another and it's not worth investigate further unless OP is some known barrister willing to get his point proven in court.

        • +1

          Your comparison is so wrong obn many levels but I'm guessing you're a bit angry at your situation. Your situation should help encourage and build empathy, there's always a stranger worse off than you, comparisons like this are just designed to silence or guilt others.

      • +2

        Boo hoo, man you sound precious

        Is your name Karen?

      • +3

        The world doesn't owe you anything. The moment you accept that, the easier life you will live.

        • -3

          yeah it doesn’t. but if i pay full price for a new watch from a retail store, they owe me a new watch… not also have me drive around for an hour then come back the second time for a proper new watch.

      • -1

        They should have offered you 10million dollars!!

      • -1

        Write to head office this isn't good enough even a $20 voucher would have been fine

  • +29

    ..nor mentioned any means of compensation

    They already swapped it with a brand new one. What kind of compensation were you expecting?

      • +31

        …it was mostly for frustration

        But what kind of compensation can they really give you? A massage with a happy ending for the frustration you experienced?

        • +7

          as long as they have small hands…

          • +7

            @resubaehtgnolhcs: They’ll need to keep one hand free to pull the stick out of his backside 😉

        • Apology for the inconvenience and admitting the mistake. Gift voucher for a nominal amount would be an easy one, ensuring that OP respends the money with JP. Or did you just want to pose your hilarious and witted question?

          • +1

            @cookie2:

            Gift voucher for a nominal amount would be an easy one

            And what sort of nominal amount would you say is sufficient?

            Also, who knows what OP was like when he went back into the store? We don't know if he was rude or abrupt or whether he was nice and pleasant. What we do know is that he/she has thrown the 'ACCC' letters at the rep he was dealing with - that alone is often enough to put anyone off-side.

            • @bobbified: Nominal is nominal. Not enough to encourage dodgy practices from individuals either. Say goodwill gesture of $10 or $15. Can't speculate on the actual correspondence but tell me, do you still think that they can't give compensation in a situation like this?

              • @cookie2:

                …but tell me, do you still think that they can't give compensation in a situation like this?

                They can definitely give compensation if they wanted to. The thing is, they don't have to.

                If you're the sales rep and you had discretion to give some form of compensation to someone, would you really want to give it to a "Karen" who's throwing a hissy fit and causing you a whole world of grief? Maybe it's just me, but if someone was acting like that, I'd be wanting to tell them to get stuffed.

        • a gift card at least?
          you forego cash back rewards and competitive prices for the instant purchase at a retail store vs online. you pay the extra at a store because you get it instantly without the fuss of waiting or making sure Auspost actually knocks your door instead of leaving a note.

      • +6

        Report it to the ACCC, if there are multiple complaints then they'll investigate. If it was a one off mistake then so be it.

        Probably some employee will get their arse kicked anyway. They accepted a return that JB won't be able to sell, there's your accountability right there.

        • +2

          mistakes are not an excuse to any misrepresentation.

          But honestly i dont think ACCC would take any action, its not that common thing, nor ACC would like ever will receive many complaints regarding this kinda issue from JB Hifi.

          OP has a decent but quite pessimistic reason but I dont believe he's been unfairly treated. He got the replacement. That's his fault, if that was me I'd be asking for a REFUND In full in CASH.

  • +8

    But my compensationz

  • +4

    OMG they know where you live!

      • +20

        how would you feel when you trade in a product that all your contacts, messages, media files, logins, emails etc are still available for the buyer?

        None of that happened. Device was locked and that data was not accessible. Neither your location beyond a very vague large area. You’re adding hyperbole.

      • -1

        Wow..

        I think data privacy is over your head. That is of course unless you use zero, zilch, nada social media

        If not and your like the rest of us, your privacy is already gone. So buck up princess.

        • +1

          there’s a difference between data privacy from corporation vs data privacy from individual people, especially within same neighbourhoods…
          Businesses don’t actively look into your credit card numbers, gov documents etc so they can identity theft or phish to get your money, but individual people can.

          if you don’t understand that difference and know all your data is already out there, feel free to drop your credit/debit card details, photo of front and back of your license, and passport main page here.

  • +12

    JB does need to pay attention on returns. I'm guessing they should have notice the open box and inspect the product as new then still sell them as brand new, they should have mark it as returns and mark price down.

    • -3

      Why should JB take a loss because a consumer changed their mind? If we as consumers want the ability to return shit because we changed our minds, why would we then get peeved that when we buy something, it may be one of those change of mind purchases?

      If that is what happened here I should stipulate.

      • Your comment is ridiculous and makes no sense.

        • -1

          Not my fault you don't understand.

          • -1

            @initiateit: Actually it is. You need to improve the way you communicate and think more about what you're saying. Otherwise what's the point in saying anything at all.

            • @cookie2: Uggh. If you cant understand plain English then it isn't my job to draw you a picture.

      • this is a great point you make regarding change of mind. just for information, corporations have a budget and insurances for these things - these also apply for cases where the products were already faulty to begin with (the brands’ fault).

        they have a set percentages from historical sales on if there may be faulty or change of mind returns and budget accordingly for those absorbed expenses.
        corporate insurance, which could cost into millions, also covers for these types of losses. these types of covers are used by corporations that individuals can’t get for personal coverage (especially not with the price tag).

        if cases are that the items arrived at retail stores already faulty, those brands (ex Apple) also have same insurances etc to get back on. If retailers cop a loss on the profitability because of having to give compensation, they (as a buyer in huge volume of Apple’s products) have the power and influence to fight back. this means retail stores like this are able to get compensation or rebates for their losses caused by the brands’ fault.
        One of big reason why retailers are useful to buy from is because of this, they provide you the necessary remedy then claim back from the brands and/or insurances. Although the law is that the consumer has the ability to choose remedy in case of a faulty product from cash refund or replacement + compensation, big companies like Apple have resources to fight individual consumers. that’s why instead they’d offer just return without giving consumer the option since they know a single consumer can’t fight one of the largest corporations in the world on their own.

        they know on analytical basis of what they can expect on losses from these, which they can also deduct on their taxes, and ways to mitigate their losses through insurances. these aren’t the same for individual customers who end up copping the loss.

        • +1

          It used to bug me to no end during the EB Games PS2 era and people buying a game finishing it and returning it. They would then piss and moan when they bought a "new" game that was already opened.

          • -1

            @initiateit: ah yes that sucks. Discs especially were prone to easy scratches.
            consumers shouldn’t use loopholes, but that’s for each’s morality.

            Consumer laws’ are still very important and needed though since no individual has influence over corporations that is for profitability, and they will take advantage of consumers’ lack of knowledge for it. For example, Australian Consumer Law (ACL) used to be warranty coverage for 2 years, but retailers and manufacturers would say on their website “1 year warranty” then try to sell extra year(s) of warranty. Had you bought 1 extra year, it would have not meant much since already protected by ACL.
            If a consumer also had a fault after 1 but before 2 years of purchase and didn’t know the law covered for 2 years, companies would also just say “its past the 1 year warranty” and not provide the necessary means of remedy. This happened to me many years ago, but just by asking “i thought ACL covered 2 years?” they went oh right and went and covered me.
            i think recently it’s changed to 1 year, which sucks. if buying like $2.5k laptop, you’d ideally want companies to be held accountability if it can’t even last 1.5yr.

  • +1

    I wish i got compensation everytime i returned to the shop to return something. I mean, its not like it was a 85" tv or something.

    And what are they to do to find out weather you live across the road or 300km away?.

    • -1

      well if you are 300 Km away, wont you likely have another JB hifi location near to that 300 Km address?

      • +4

        Yeah not necessarily. We do live in Australia…

        I currently live nearly 200km from the nearest city that has big shops like JB, HN etc etc

        After I change jobs soon, the closes JB will be 800kms away 🙃🙃

        • -1

          Well if they f'd up with the tv, wouldn't you want compensation? Some people see problems and don't look for simple solutions. The compensation could be a goodwill move and a set amount or they could ask op where they live, or check dl or whatever.

          • @cookie2: If it was a faulty TV, I would contact the stores support or manufacturers support via email and try to push very hard for postage. As obviously with postage and a faulty product, the buyer is NOT responsible for postage costs.

            However they would probably try their hardest to not do that.

    • -2

      to put it into perspective

      If i were to order online, let’s say Amazon, they not only have generally better pricing but also through cash rewards program i can get 8% cash back, but the item would be delivered in ~2-3 days.

      If i were to buy it in store, there is instant gratification of owning and using it 2-3 days earlier but i forego the 8% cash back rewards nor competitive pricing offered.

      So as a customer i’ve foregone the benefits of buying online for the instant and less inconvenience. that’s the whole market of brick and mortar stores right now…

      I know you’d think “oh then why didn’t you just buy online” it was because i wanted the instant use. Yes i did still get it within the same day, but due to this it’s caused the unnecessary inconvenience which i was wanting avoid, hence going into the retail store.

  • +7

    i wanted compensation at the very least to make up for my travel time.

    This country is getting more and more like America where people lodge frivolous compensation cases all the time.

    • +5

      I do think JB hi-fi is a bit stuffed though. A few years back I bought Philips Hue starter pack online and paid for delivery (was a deal on Ozbargain and no stock in store close to me), two of the bulbs DOA. I brought the pack in store but since it's sold out they could only refund me however they only refunded the starter pack and did not refund $5 delivery fee. I always thought it's weird because any other store would have refunded the postage fee too when it's DOA, no?

      • That is probably just mistake, I think most retailers would refund the delivery fee. But a store doing a refund probably doesn't think about the fact that you paid for delivery because they are normally dealing with people buying in store. Did you ask for the $5 to be refunded too?

        • I don't think I did, anyway it's only $5 so I wasn't really fussed about it. The thing is though I brought the whole receipt which clearly had the total charge including delivery fee.

    • this is very different.

      your regards to America’s frivolous compensation is more an issue regarding governance of legal procedures. US’s law is built, much like how a lot of western countries are following, to benefit and empower those with resources, especially corporations.

      Their cases are also mostly derived from things like slapp suits where the one with more resources’ intention is to cause financial and stress harm with no intention of it being a legitimate case. regardless the defendant is required to spend money to protect themselves. That’s the issue of US.

      Letting corporations act as such or not develop upon breach of legal matters caused to consumers is what would be following the US’. It lets corporations know that it’s okay and they don’t need to take accountability.

  • +2

    I see your point about compensation but that is not the retailers problem.
    Yes it is terrible that you got sold a used product for a new price though and it clearly shows that store has incompetent workers that don't follow procedures.
    They should have marked the product down to reflect that it has been used. I work at Officeworks and we do this for products that were returned unsuitable, it makes sense.
    At the end of the day it isn't worth complaining to the ACCC or further following it up, just deal with it and move on with your new Apple watch.

  • +5

    D r a m a

    • Drama queen, much? ;)

  • +1

    You got JB-HiFi to replace something? I'd consider that a win on its own.

    • -1

      wait what? some don’t get things replaced even at JB’s fault or within their return timeframe?

  • +5

    Not sure how selling a second hand item as "new" can be claimed as being an honest mistake??

    • It would be rare, sure, but mistakes can happen. Could be human error - returned as faulty but staff member at cashier mistakenly put it in 'returns' area instead of 'faulty' area in a rush to serve next customer (person working the register isn't the same person that is selling products on the floor who isn't the same person who processes returns). Also someone may have returned it for a refund saying it wasn't used and staff took them at face value.

  • -1

    No compensation

    What compensation would you like?

    $5 credit or a second new watch, anything else?

  • +22

    Take them to the high court, should be at least $400k compensation for the emotional stress of this ordeal. Sending thoughts and prayers your way in this difficult time 🙏

    • +1

      It's just the vibe of the thing…

    • Yeah, how about those suffering in wars. Good God, has everyone in this country got bat shit crazy or are we living in the USA?

      • -1

        i mean if you really want to be drawing parallels like that, i could ask why you go to work? you’d just be actively participating and driving late stage capitalism just like US while wars are happening that you’re not contributing to?

        • LOL it's just a way of expressing that this really isn't a big deal, a common way to bring things into perspective, don't think about it too much!
          Looking at the number of essays you've written here, I am not sure why feel you need compensation, as you appear to have ALL the time in the world.
          I'm sure you must feel better ranting about it on here, like a child, however.

          • -1

            @SimAus007: yes and i’m sharing back to you that drastic comparison doesn’t do anything. you’re just drawing on guilting by use of extreme examples that clearly isn’t relevant but still a big issue.

            if we really wanted to see if there is an impact, then it could just as easily go into reversing the process and looking at whether JB’s cause of consumer dissatisfaction impacts their sales value or compensation that was given, track that back to company’s financial implication it has, which can easily impact their net profit and tax payable. loss of net profit cause lesser tax paid, impacting government’s tax resources. the profitability also impacts shareholders and banks that deal that provide it with loans to operate. if on credit check basis a bank was to consider JB a risk with continual increase in the negative impact and therefore deny loans moving forward or increase interest rates, it’d cause a loop of further financial impact and share price drop. if this happens to one of the largest electronics retailers in the country happens, it opens up potential for other 2 to acquire the company to gain monopoly in the market, or if bankrupt would impact all of the vendors/suppliers/employees around since the creditors get paid first. then if creditors/banks still can’t recoup the full amount their loss impacts the company’s decision on interest rates where they may increase to get more customers in order to attract people to get cash into the bank. - this is what SunC company did. during the fires and floods because of payouts they had to do, there was a momentary increase in interest rate offered, attracted customers and money, then few months later just changed it back to below market rate.

            i mean look at DickSmith. they got completely eaten by Kogan. H Norman whinging about competitive prices on Kogan. it has direct financial impact.

            obviously drawing on dramatic high level but like i said, but you get it.

            and it’s not always just theory either, look at doughnut time not having paid employees properly and operating when past bankruptcy point.
            look at Privium homes, should’ve been closed months before bankruptcy.

            my point is on businesses taking accountability of their fault.

            also, regarding time. my time spent on my choice to comment/reply is different to my time being unnecessary spent due to a fault of not my own.

  • I bought a returned Apple Pencil 2 from JB because it was the only one left in the store. I got a $15 discount because it was returned stock. To be honest it should have been a larger discount. Anyway, when I got home I found it didn’t work. So I took it back and got a refund (which took 3 days). Also bought Last of Us 2 PS4 game new from JB when it was on sale, and found fingerprints on the disc when I got home. Didn’t really bother me though, as it still worked.

    • +1

      They most likely only make $16 on it to begin with.

  • +2

    welcome to the ozbargain eejits pile on
    🤣 if an answer/help can't be offered there is always sarcasm & abuse to fall back on. right? right. 👍

    • +3

      Many, including myself, don't suffer fools gladly.

      • yeah, how was the op foolish? He bought a new product, related his/her experience & then the pile on by the eejits started. there were some willing to help out & some relating their own experiences. am I missing something here? so it's ok in your opinion for the eejit pile on?

        • Foolishly expecting compensation from JB hi-fi for his travel time. It was never going to happen.

          • @MS Paint: so ok for the pile on?

            • @mjuice7: Please link my pile on to the OP

              • +1

                @MS Paint: 1stly u were the only 1 that replied to my post. I didn't point out individuals in the pile on. just pointed out that there was a pile on of sarcasm/unhelpful/off topic comments. I also pointed out some people were willing to help/comment/commiserate. hope this helps.

                • @mjuice7: That happens in nearly every thread of ozbargain forums except in special circumstances (medical issue or death for example). It's part of the culture here and it won't change anytime soon. There is a very fine line between sarcasm / dark humour and toxicity. How that gets interpreted depends on your personality type.

                  • +1

                    @MS Paint: of course it does. it's a pity that people can't read a thread, work out if it's of interest to them, or if they can help. if they/there is nothing to offer then why not just move on? as u stated depends on your personality type whether to comment or move on. but wouldn't it be great just to see relevant answers or comments instead of scrolling through a pile on?

  • +33

    You need to compensate everyone who has read this thread

    • +6

      Refund for my internet bandwidth usage and time. And my travel time to the thread. Just an apology would be nice. An acknowledgement of being wronged.

      • +3

        Also I need my employer compensated as I'm reading this on company time.

        • +2

          I need to be compensated the power I am using to read and shitpost in reply to this frivolous story by OP

    • +1

      I require compensation for the wear and tear on my keyboard for having to respond to the OP, I demand it slams fists down until one gets their own way

  • I think it was a bad mistake that should NEVER happen. Apparently they have been pulled up for this before. Rather than play victim I’d go the good citizen route especially with the data breach and advise Apple officially, the ACCC and some online feedback. Then check the time, have a coffee and get on with your day. Clearly advising some websites can get you some negative feedback so if you do try and not look too grabby.

  • Apple watches usually have a thin, clear, slippery plastic on them with a loose tab at one end.

    • This does not apply for Apple watch series 7. It does not come wrapped from factory.

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