Telstra mislead us with extras we did not want

[leon]

Hi guys,
We went to a Telstra store today so Alice could get a new phone since hers was pretty well buggered.
We are not that savvy with all these contracts and stuff, and by the end of it all Alice came out with another phone bundled with a I Pad at a certain monthly payment.
OK, we were happy enough with that if it was all we had to pay, but as i printed out the cataracts when we got home we found extras that were never discussed and extra charges that were never mentioned.

To make a long story short can we go back to the store and cancel this contract because of misleading information..

Thanks for your advice in advance.

Leon

[Kunama]

Although the normal cooling off periods do not apply as you initiated the transaction, given that there are variations that were not disclosed at the time you may have a good case. Go to the store and speak to the manager only.

Cooling off periods normally only apply to unsolicited transactions... either in person or by phone....

https://www.tio.com.au/publications/...ing-off-period

[brisen (Brian)]

Leon

There will not be a cooling off period on the contract as you went to the store and the cooling off period does not apply in these cases - they will no doubt try to use this against you when you tell them you want out of the contract. Having said this I would be arguing that you were not ad idum and as such the contract is void as you were not of one mind as to what the contract contained.

The inclusion of these extras and their failure to tell you of these basically amounts to deceptive conduct and as such you have rights to challenge the validity and standing of the contract. They are required to inform you of what’s in the contract so you can make an informed decision as to whether the contract meets your needs and you undrstand what you are committing to. This is the ad idum. I find reminding them I will happily pursue them through office of fair trading and the telecommunications ombudsman tends to work. The ombudsman is a toothless tiger but it gets you access to a senior complimts person in Telstra that you can generally reason with.

Brian

[leon]

Thank you gentlemen, we will see how we proceed.
Don't get me wrong we went to the shop with all intent to purchase a new phone in a bundled contract as such.
We did accept the cost of this bundled contract and signed for it, and were happy enough with the cost.
We did not however consent to certain added on extras and additional costs.

It is these parts of the contract that want removed, not necessarily the whole contract cancelled.

Leon

[LewisM]

Originally Posted by leon

but as i printed out the cataracts

Leon

Sorry Leon, but I had to laugh at this typo - an almost poetic typo for a bad contract!

Anyway Leon, do what the wife and I do - shop online for phones/contracts. All we've ever got in 10 years is mobile phones - no extras, no hidden anything. No pushy anyone, no waiting interminable amounts for a "sales rep" to BS his/her way through the bluff and bullspit. Just go to the online shop, read all the detail, take your time.

Longest I have EVER waited for a phone to arrive after ordering it online was 2 days. ALWAYS sent Express Courier, with signature.

Getting out of a Telstra contract is easy enough if you speak to the complaints department directly, and drop the TIO (Telecommunications Industry Ombudsman) bomb. I did with our internet, and Telstra has bent over backwards for the past 4 months doing things, ringing DAILY (annoying ) and giving us credit and refunds.

[leon]

Bloody hell Lewis did i actually type cataracts , man, i didn't even notice that, that is what one gets being dependent on spell check

Thanks for your advice as well as the other suggestions put forward.

Leon