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Anne23
Level 1: Cadet

Mobile phones purchased outright from Telstra shop

  1. I purchased an iphone 8 plus at the Indooroopilly Telstra store on 16 May 2018 (time stamp on receipt is12.32pm). Email receipt was time stamped 12.33pm.

 

  1. We were given the phone in an unopened sealed box.

 

  1. My wife asked your sales assistant Steph where to get a phone screen and case. She recommended us to a mall kiosk in the same mall, approximately 25 metres from the store.

 

  1. We went direct to the recommended place to purchase a screen protector and case. The two sales assistants at the kiosk witnessed us as we opened the phone. We all found a scratch on the upper right side of the screen.

 

  1. We returned to the Telstra store exactly 8 minutes after the time stamp on the receipt of purchase (12:40pm). I showed the Telstra staff the phone and asked that it be swapped over for a non defective one. We did not ask for a refund. We stated we were happy to settle for any colour as long as it was a non defective phone.

 

  1. One of the female staff members took the phone from my wife. She attempted to "rub" out the scratch, in our opinion using excessive force and chemicals. My wife had to ask her to stop. She stated "stop rubbing, this is not glue. This is a scratch". The girl ceased attempted repair and confirmed verbally to us that there was a scratch (hence the damage was acknowledged).

 

  1. My wife asked that the manager be involved. 

 

  1. The female sales assistant took the phone to a back room. It was out of our sight for over 10 minutes. At no time were we asked if we were ok for the phone to be taken into a back room out of our possession. The Telstra Manager, Damian returned to greet us and stated "you damaged this phone". My wife told him it was 8 minutes out of the store, and that we had 2 witnesses, independent, who would verify it was like that when it came out of the package. We suggested he take 1 minute to talk down to the store Telstra referred us to, and verify our statement. We also stated there was CCTV footage of the counter which could confirm that the phone was not dropped or damaged as it came out of the box. Damien did not respond to this request. He repeated again "you damaged the phone". He told us it was not a Telstra issue.

 

  1. We pushed that under our consumer guarantee rights we cannot sold a defective good and that sold goods must be of quality with no defects. We stated that we did not want our money back. We just wanted a non-defective phone. Damien stated that this was an Apple issue and he would ring Telstra. He took the phone. He returned about 10 minutes later and stated he had rung Apple to see if they would rectify the damaged good we were sold.   He reported that Apple too stated to him that we must have damaged the phone (in the 8 minutes of ownership).

 

  1. the manager stated Telstra does not accept back damaged goods. He told us it was our responsibility to inspect the goods (e.g., take them out of the packaging) before leaving the store. My wife informed him she was not told this and asked where this was stated – verbally, on the receipt, on a sign in the store? He replied, "we sometimes tell people this". We confirmed we were not told to open the phone and there was no sign in the store, or notice on the receipt, that all goods must be opened and condition verified before leaving the store, otherwise no consumer guarantee would be issued.

 

  1. My wife explained again that she had 48 hours to get a phone sorted before being hospitalised and with 8 minutes of ownership, clearly, with two independent witnesses offered for him to speak with and camera footage available, that our story was genuine. She also explained that under consumer law a business seller must rectify any defective item sold to the consumer, especially one that was reported defective within 8 minutes of sale which also we could “prove” by witnesses and camera footage to be the case. the manager asked us to leave the store.

 

 

12.. We returned to Mall Koisk. The two sales ladies confirmed the scratch damage again. They then noted a shadow in the corner just above the scratch that was not seen on first inspection by the four of us. We are certain this was caused by Telstra's inspection and attempt to repair the defective good by rubbing it in this area to “erase” the scratch. The treatment of the phone we saw was rough, aggressive and involved the use of chemicals. Additionally they removed the phone from our viewing for 2 occasions of approximately 10 minutes each. We were not asked to sign a repair authorisation or any paperwork allowing them to work on the phone. I asked for an exchange, not a repair.

 

  1. We returned to the Mall Kiosk and got the names of both sales assistants who saw the phone unboxed and saw the damage. Both have agreed to be witnesses in terms of the damage they observed on 2 separate occasions.

 

  1. Telstra has made no attempt to resolve this matter. They refuse to exchange or refund the defective good. My wife contacted Apple who confirmed that Telstra had not referred this issue to them about this phone as there was nothing lodged in their system tied to the mobile phone serial numbers. Apple stated that all Resellers should be handling these issues as this is not a technical service issue covered under warranty but rather a faulty good sold. They confirmed our consumer guarantee to purchase goods in the working order expected. They referred her back to Telstra. We also called our Business Telstra Representative who contacted the store and asked them to resolve the issue with us, given our status as select customers. The local store have not called us even with an internal Telstra request to sort this issue.

 

Resolution requested:

 

  1. exchange or refund the phone for a NON DEFECTIVE ONE

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3 REPLIES 3
Support Team
Support Team

Re: Mobile phones purchased outright from Telstra shop

HI Anne23,

Thanks for reaching out, sorry to hear about your issues with your iPhone purchase. I can understand this would be quite frustrating and inconvenient.

Based off the information you have provided, I recommend raising a complaint and getting a case manager assigned. You can do this here. Once you've done that, a case manager will be assigned and in contact to investigate this further within 3-5 business days.


Please let me know how you go.

Need help? Check out our Community Wiki or Support Portal || Looking for a new mobile? Order online today || Get help with any Tech at Home with Telstra Platinum || Don't forget to tag answers as Accepted Solutions and give a Like to the member(s) who helped you out.

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Anne23
Level 1: Cadet

Re: Mobile phones purchased outright from Telstra shop

Opened the case as suggested. Thanks Ethan. I dropped off a letter outlining these points to the store manager yesterday so again, he would have the opportunity to rectify the situation. I can confirm he did not visit the kiosk to interview the independent witness, request to review the CCTV camera footage of us opening the box, nor ring us. Bad customer case management :-( Must give a shout out of praise to Telstra Business who told us they would have fixed this instantly by a swap (why did I not buy from them to begin with? - because I was in a hurry given personal circumstances) and also Apple who is tracking the case and offering to get high level relationship management involved as this is a Reseller issue. ITO and Fair Trading all great too. I really cannot understand why a Telstra store manager would be this inflexible for what is a very clear and documented (independent witnesses and CCTV camera footage) of a defective good being returned to a store 8 minutes after purchase.
Anne23
Level 1: Cadet

Re: Mobile phones purchased outright from Telstra shop

Hi Ethan

Hey I have to say both the Telstra complaints people and community group, and Telstra business center, were great in helping me out. Shame I went to the Indooropilly Store to purchase the phone - lesson learnt here, never going back. It only took the the Department of Fair Trading 10 days to step in and yes, I will be getting a full refund on the defective phone. It has been 10 days of waiting during a difficult time in hospital for a small matter to be resolved which leaves a very bad impression for me that I will be sharing with others so they can avoid this pain. The manager Damian and team at the store need training asap. Firstly, in how to treat customers, secondly into their responsibilities under consumer law and lastly, consistent processes in how they sell and direct customers about the phones they buy (e.g., they told me I was required to inspect the phone before leaving the store AFTER I brought it back and had no signs or details of this policy published on my receipt or in the store). Given the service of other Telstra operations, I am putting this experience down to a dumb **** manager and disengaged staff (its always about the leadership, isn't it?).

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