Vodacom Contract Return Advice

dhlotter

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Hi myBB's

I am about to give up on this matter and figured I would post here for advice as a last resort. In March I pre-ordered the Samsung S20 Ultra from Vodacom Waterfront and a couple of days after receiving it I was unhappy with the size of the phone. I have tried many avenues to return this but the answer has always been "You signed the contract and are therefore happy with the device" which I feel is a violation of my rights. Here is the detailed list of events:


2020-03-03
I signed the contract before the phone was available as per Whatsapp conversations with Tina, one of the sales representatives at that branch. I have note seen, held or used the phone at this point.

2020-03-06
I collect the phone from the Vodacom shop in Waterfront. I note that I requested a gray device and the one ordered was black. I did not personally put my simcard into the device, Tina, who helped me did this. This should be on their in-store video surveillance.

2020-03-09
I finally decided I will no longer use the phone as it is too big and box it up in the original packaging. I try to get the contact details from the Vodacom website to log a return but is met with an error message
2020-03-09 - contact error message.gif
I do however notice that there is a 14 day cooloff period, so I decide to return the contract in person the next available date.

Contract Refunds
Should the customer not be completely satisfied with the purchase, the customer may return it for a full refund provided that:
the customer contact the Vodacom Online Support team to arrange collection. Log-in into your Order History.
the product is returned within 14 days from date of receipt and
the product is undamaged and is in its original packaging including all accessories and any other promotional items, if any
no partial returns will be allowed e.g.: all Bundled goods must be returned as a bundle and not parts of.

On signing the contract I was not told that there is a functional difference in how in-store and online contracts work. On the very top of the signed contract it reads vodacom.co.za, which is where I read all the terms and conditions.

2020-03-14
I return the device, but I am told that I signed a contract that I am happy with the device and they therefor cannot return the device. I feel my rights as a consumer has been violated and I ask Rasheed for consent to record his reactions and reasoning.
(See attached 2020-03-14 - recording with consent.mp4)

I take the device home, find an online returns form online, and start the process there to show that I have intended to return the device within the 14 days specified online. I also phone 0821945 after-sales care, and I was told that the store not accepting my return is not correct and was urged to phone the head office and to lodge a complaint with reference number QWVW4O

---------------
  • Vodacom's argument is I signed the contract and am therefore happy with the device. My response is I signed the contract before I even had the phone.
  • Vodacom's argument is I put my sim card in the phone which shows my intent to use it. My response is, I did not do it myself, a store assistant eager for the commission made my mind up here by putting my sim in the new phone.
  • Vodacom argues there is a functional difference in how the online and in-store contracts work, something which was not explained to me and at the same time on the top of the contract there is a link to vodacom.co.za website where the terms and conditions are publicized.


Since I've had conversations with Vodacom who insisted they never knew I wanted to return the phone even though I have sent that exact person the recording of me trying to return the phone in-store and online. Most of my interactions have gone that direction. I get referred to someone new who does not have any background and then I explain my story over and over again. All of this I have proof of.

I am about to sell the phone, cut my losses and call it a day. Any advice will be super welcome.
 

Attachments

CPA is not as strict on physical store sales as it is with online store sales I believe. The cooling off period does not apply to my knowledge.

What I will say from my personal view. I buy something online, I make damn sure I have done my research. Specs and physical dymensions of phones are freely available on gsmarena etc. Reviews even more so.

As for the person putting the sim in the phone without your knowledge. Not cool. Take it up with store management. Handset boxes are supposed to be handed over sealed or opened in front of customer.
 
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Thanks Ockie. Believe me, I did a bunch of research, pretty much short of having the phone in my hand which is when it dawned on me that it is impractically big for me.
 
Yeah this is very odd, I have processed 2 returns with VC, one I had opened and even semi-used the phone (installed sim and tried it out) nd the other was a mistake they made and sent me 2x of the same device. Both times no mess in returning.. Courier came after 2 business days and took them
 
Yeah this is very odd, I have processed 2 returns with VC, one I had opened and even semi-used the phone (installed sim and tried it out) nd the other was a mistake they made and sent me 2x of the same device. Both times no mess in returning.. Courier came after 2 business days and took them
Online sale i take it?
 
Online sale i take it?

Yes they were both online sales - i actually read one of your posts Ockie where you said rather do an online sale as everything is recorded and you have proof of requests etc... so since then i never go instore
 
Yes they were both online sales - i actually read one of your posts Ockie where you said rather do an online sale as everything is recorded and you have proof of requests etc... so since then i never go instore

lessons learned then #schoolfees
 
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