Hi,
So I live in Sydney, Australia and like many others around the world was out of contract on me and my partners iPhone 4 contract. Super excited to be ordering our new iPhone 5's from our carrier Telstra I set about placing 2 orders for 2 64GB Black iPhone 5's. Much like the rest of the world our phones were due to be delivered on Friday 21st. I was informed there had been some problems with the shipping company and we would receive the phones the following day (Saturday) even though the shipping firm normally did not deliver on weekends, due to the error they would deliver the phones.
Later on Friday night we received a call from an outbound Indian call center linked with Telstra to inform us that we would be receiving 2 iPhones and there was a problem because we only ordered 1. I then quoted my 2 order numbers saying we were expecting 2 and after a long pause the called then said. "Well there has been a mistake and you will be receiving 3". I then asked what we should do with the 3rd unordered phone and he replied "Just disregard it!". Very strange wording I must admit as the term disregard to me means to dispose of however I see fit. The call ended and I went to bed.
The next morning at 8am there was a knock on the door and finally our phones had arrived. As we signed for the phones I noticed there were only 2 parcels and I explained to the postal guy about the call I received the night before and didn't get much reaction. He handed me the 2 parcels which looked identical and we went inside to begin our Apple Christmas unwrapping.
As we opened one of the parcels it became apparent there were 2 iPhone 5's in one parcel and 1 in the other. My immediate thoughts were that we would be billed for all 3 on our phone bill and I had to call Telstra anyhow to activate the 2 phones we actually ordered. Before I called the call center I decided to call a branch near my house and explain and offer to bring the phone in for them to organize what they need to. I rang the shop before hand and they refused to accept it prompting me to call the call center.
So I called the billing number to report the extra phone was delivered. The consultant informed me that there were only 2 phones showing on our account which was strange as we received a call the previous night with prior knowledge we would get 3 instead of 2. The consultant then said "so would you like to activate your 2 new phones?" like the extra phone didnt exist. Of course I said yes and I was transferred to the next rep. Once the next rep took my call I once again explained what had happened and the consultant said she would organize a courier to pick it up. Now all of the phones came fully plastic sealed and each was accompanied by a Telstra micro sim in an envelope. The consultant confirmed the Serial numbers that matched our account and the simcards and we activated the phones. To me I assumed all was organized and awaited the courier to come and get the extra phone.
Well a week went by and nothing and nobody came to get it. we have received a bill since and there is no mention of the extra phone also. I told some friends about the mixup and some of them told me about the term Unsolicited Supplies. So I did a google search on Australian laws concerning the term and came across the ACCC website. I then called a govt free legal advice line and explained the situation they refused to comment which was not very helpful and then they directed me to the ACCC. I called and explained and they also found the legislation in the link below.
Unsolicited supplies
So let me be clear. I am a very honest person and have been transparent with Telstra since this happened now 2 weeks ago and I have not heard anything back. I was told by ACCC to await and see what Telstra's next move is and that all calls between myself and them would have recording ID's. Getting back to the original call i received from them telling me to "disregard it!" it sure seems that they really meant that. So if I hold onto it and Telstra make no attempt to retrieve the phone within 3 months the law says it's mine to do with what I like. Here is the kicker though. As the phone's i ordered are on contract is this extra one on a contract. I realize currently it's unlocked as it's still unboxed but surely Telstra would have the IMEI somewhere in an inventory so if after 3 months I sold it would the buyer have issues activating it? Would I get billed if the buyer activated it?
It's such a confusing issue. Iv'e contacted Telstra, done my bit and don't plan on spending a crap load of time chasing them up for their error. Honestly I'm sick of looking at the thing and just want to sell it. Anyhow what are your thoughts???
So I live in Sydney, Australia and like many others around the world was out of contract on me and my partners iPhone 4 contract. Super excited to be ordering our new iPhone 5's from our carrier Telstra I set about placing 2 orders for 2 64GB Black iPhone 5's. Much like the rest of the world our phones were due to be delivered on Friday 21st. I was informed there had been some problems with the shipping company and we would receive the phones the following day (Saturday) even though the shipping firm normally did not deliver on weekends, due to the error they would deliver the phones.
Later on Friday night we received a call from an outbound Indian call center linked with Telstra to inform us that we would be receiving 2 iPhones and there was a problem because we only ordered 1. I then quoted my 2 order numbers saying we were expecting 2 and after a long pause the called then said. "Well there has been a mistake and you will be receiving 3". I then asked what we should do with the 3rd unordered phone and he replied "Just disregard it!". Very strange wording I must admit as the term disregard to me means to dispose of however I see fit. The call ended and I went to bed.
The next morning at 8am there was a knock on the door and finally our phones had arrived. As we signed for the phones I noticed there were only 2 parcels and I explained to the postal guy about the call I received the night before and didn't get much reaction. He handed me the 2 parcels which looked identical and we went inside to begin our Apple Christmas unwrapping.
As we opened one of the parcels it became apparent there were 2 iPhone 5's in one parcel and 1 in the other. My immediate thoughts were that we would be billed for all 3 on our phone bill and I had to call Telstra anyhow to activate the 2 phones we actually ordered. Before I called the call center I decided to call a branch near my house and explain and offer to bring the phone in for them to organize what they need to. I rang the shop before hand and they refused to accept it prompting me to call the call center.
So I called the billing number to report the extra phone was delivered. The consultant informed me that there were only 2 phones showing on our account which was strange as we received a call the previous night with prior knowledge we would get 3 instead of 2. The consultant then said "so would you like to activate your 2 new phones?" like the extra phone didnt exist. Of course I said yes and I was transferred to the next rep. Once the next rep took my call I once again explained what had happened and the consultant said she would organize a courier to pick it up. Now all of the phones came fully plastic sealed and each was accompanied by a Telstra micro sim in an envelope. The consultant confirmed the Serial numbers that matched our account and the simcards and we activated the phones. To me I assumed all was organized and awaited the courier to come and get the extra phone.
Well a week went by and nothing and nobody came to get it. we have received a bill since and there is no mention of the extra phone also. I told some friends about the mixup and some of them told me about the term Unsolicited Supplies. So I did a google search on Australian laws concerning the term and came across the ACCC website. I then called a govt free legal advice line and explained the situation they refused to comment which was not very helpful and then they directed me to the ACCC. I called and explained and they also found the legislation in the link below.
Unsolicited supplies
So let me be clear. I am a very honest person and have been transparent with Telstra since this happened now 2 weeks ago and I have not heard anything back. I was told by ACCC to await and see what Telstra's next move is and that all calls between myself and them would have recording ID's. Getting back to the original call i received from them telling me to "disregard it!" it sure seems that they really meant that. So if I hold onto it and Telstra make no attempt to retrieve the phone within 3 months the law says it's mine to do with what I like. Here is the kicker though. As the phone's i ordered are on contract is this extra one on a contract. I realize currently it's unlocked as it's still unboxed but surely Telstra would have the IMEI somewhere in an inventory so if after 3 months I sold it would the buyer have issues activating it? Would I get billed if the buyer activated it?
It's such a confusing issue. Iv'e contacted Telstra, done my bit and don't plan on spending a crap load of time chasing them up for their error. Honestly I'm sick of looking at the thing and just want to sell it. Anyhow what are your thoughts???
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