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Topic # 113739 26-Jan-2013 16:13 Send private message

Short Summary: The Lower Hutt Telecom Store sold me a nano sim when I specifically asked for a micro sim. The nano sim damaged my new Galaxy Note II, so I am unable to make calls with it. The Lower Hutt Telecom Store is not taking responsibility for their mistake and trying to shift all the blame onto me.

Last week I went to the Lower Hutt Telelcom store to look at switching from 2 Degrees to Telecom. I specifically told the sales assistant that I wanted a micro sim for my Galaxy S II and for my Galaxy Note II, which was arriving soon. But instead giving me a micro sim, she gave me a nano sim. This nano sim was annoying because it kept popping out of its micro sim adapter.

Anyway I put it into my existing phone, which is a Galaxy S II and everything worked fine. However just yesterday I received my new Galaxy Note II. I took the nano sim out of my SII and gently put it into the Galaxy Note II. But after it was about half way into the sim slot, the nano sim came out of its adapter. So I gently pulled it out, but unfortunately 3 very small pieces of wire got dragged out with it. They were about less than half a cm each. I put the nano sim back in its adapter and tried again. This time it slid inside without any problems. I turned the phone on, but it said no sim card detected. I then called Telecom and the woman on the phone said she was really surprised that I had been given a nano sim, and that if I took it back to the store I brought it from, they should fix my phone for me.

So I drove all the way out to the store and spoke to the same girl who had sold me the wrong sim card. I told her what had happened, and she tried her college's micro sim in the Note II. It still said no sim card detected. She then went over to talk to talk to about 3 of her colleagues. Then she walked back to me after about 15 mins and said they could not fix it because the problem did not happen in the store, it is not a Telecom phone, and also because I took the sim card out when it popped out of its adapter rather than taking it directly back to the store. Basically there was no way they were going to accept any responsibility even though they sold me the wrong sim card. I was furious, but because I'm a shy person, I just walked away.

Today I called up Telecom support and they said I would have to sort it out between the Lower Hutt Store. I then phoned the Lower Hutt store and I got to speak to the manager, and he made it very clear they were not going to fix it and it was all my fault.  I'm wondering what I should do now? It will cost over $100 to get it repaired, and the warranty won't really cover this issue. My friend has suggested I take the store to the Disputes Tribunal. But I don't think I have enough confidence to go through the whole process. I tried logging a complaint against the store via Telecom's complaint line, but that didn't go anywhere. Even though the store is independently owned and operated, I partly blame Telecom itself for not helping with my complaint against the store.

Anyway something I think we can all learn from this is to never use a nano sim in a Galaxy Note II, because the Note II's sim slot isn't as thin, making it easy for the nano sim to slip out of it's adapter.



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  Reply # 751222 26-Jan-2013 16:17 Send private message

Sorry if I don't share the sentiment, but when you got the SIM you should just have told "This is not what I need" and get a replacement right there.

You put the nano SIM into your phone, so I can't see how Telecom damaged it.






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  Reply # 751224 26-Jan-2013 16:20 Send private message

Hi freitasm. Yes I should have done that, but at the time I didn't know the difference between micros and nanos. I just assumed that was their version of the micro and I assumed the only other one they had was a standard sim.

They should have known that nano sims with adapters are not a good idea for Note IIs, because I told her the sim card was for a Note II.

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  Reply # 751225 26-Jan-2013 16:23 Send private message

Agreed with freitasm - it's not the store's fault at all. Yes, they sold you the wrong SIM - but you can clearly see that it is the wrong SIM, and had more than enough opportunity to go back to them and get it swapped for the correct one.

I'm afraid you'd be told the same thing at the Disputes Tribunal, and you'd be out another $35 on top of the repair cost. The best you could hope for is that the store could refund the cost of the SIM card (though they are under no obligation to) and you can use that to cover part of the repair cost.



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  Reply # 751226 26-Jan-2013 16:27 Send private message

Hi Kyanar, yes but how was I suppose to know it was the wrong sim at the time? It came with an adapter so I just assumed the correct thing to do was use it in my phone. The sales assistants sounded quite knowledgeable  so basically I trusted them.

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  Reply # 751229 26-Jan-2013 16:31 Send private message

I recently switched from Voda to Telecom and requested a Micro Sim for mt iPhone. When a Nano Sim arrived I called Telecom and asked why I received the wrong item. I had done the process online so presumed it was a picking error in their warehouse.

I was told by the 123 staff member they no longer have micro sims but instead supply nano's with adapters. This might explain at least why you received a Nano Sim.


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  Reply # 751236 26-Jan-2013 16:52 Send private message

Teh nano sim didnt destroy your phone

The adaptor did.

To everyone around never use a sim adaptor. Period.




Apologies for poor typing standards when on Samsung Galaxy S4 LTE/iPad 2 Wifi

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  Reply # 751242 26-Jan-2013 17:09 Send private message

I like how everything you did was done gently.








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  Reply # 751243 26-Jan-2013 17:11 Send private message

Hi everyone. Thanks for your feedback.

Well it sounds like the Telecom store has no obligation to help me, so I might as well just give up. They could have at least apologised to me over what happened. I got the feeling they don't really care that much about new customers.

Anyway I just hope they have learned something from this: That they should always give customers the correct sim card they ask for, and warn customers of the risks of using sim card adapters.

I don't want anyone else to go through this experience.

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  Reply # 751248 26-Jan-2013 17:36 Send private message

You may not be out of luck.

You correctly told the store what phone it was going in, they supplied you with a item that caused damage to the phone when used.

The store does have to take responsibility here, you were specific on what you wanted they provided an adaptor that damaged the phone.

Have a read of the CGA anf the fair trading act, print of the relevent sections and take it in to the store, I'm sure that once the relevent sections are pointed out to the shop they will have a re-think on their position.


At the end of the day not everyone knows exactly what they should use, you made the right choice in telling the store what you had and left it up to them to supply you with the correct bits, the store screwed up and supplied you with an adaptor that broke your phone.

do let us know hoe you get on





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  Reply # 751253 26-Jan-2013 17:55 Send private message

Hi gregmcc, Thank you! I will read through those documents now to build up a strong case, and then I will return to the store tomorrow. I'll definitely let you all know how I get on.

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  Reply # 751254 26-Jan-2013 17:55 Send private message

Psilan: I like how everything you did was done gently.


A case of Gentle adaptor vs helpless samsung wires ... Kaboom




Apologies for poor typing standards when on Samsung Galaxy S4 LTE/iPad 2 Wifi

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  Reply # 751261 26-Jan-2013 18:17 Send private message

The reality is that we see this find of thing all the time wrong sim in wrong slot and the I'm readers become damaged.

All is not lost however these sim readers are replaceable for a relatively inexpensive cost so why not just replace it - should be well under $100 you've been quoted and to my mind not really worth the stress of legal action.



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  Reply # 751519 27-Jan-2013 16:20 Send private message

Hi Everyone,

After talking to various people yesterday I now believe I have a very strong case against the Lower Hutt Telecom store.

I went back to the Telecom store today, but unfortunately only the duty manager was there, and it looks like he had just been taught to stand his grounds on the case.

He kept saying that the store was not liable under the Consumer Guarantees Act (CGA) because it happened outside the store and it was not a Telecom cell phone.

I then showed him a common QA taken from the consumer website about the CGA. Please see below.

He then asked me to quote which part of the CGA it came from. Unfortunately I didn't have the information on me at the time. But it probably wouldn't have made a difference. They guy definitely wasn't going to give in. So in the end I told him that not only had he just lost our family as valued customers, but I was also going to take the store to the disputes tribunal and would also be contacting the media. And then we left.

I'm going to give the store one more chance to do the right thing. I will ring the store back tomorrow and quote the manager the parts of the CGA which makes then liable.

Here is my current case
I came into the store and they sold me the wrong product for my phone which damaged it.

1) I clearly asked for a micro sim.
2) The sales assistant knew which phone models the sim was going into.
3) The people working in the store are the experts so I had no reason not to trust them.
4) I am very careful with new products I purchase, so obviously I was careful when inserting and removing the sim. At the time I had no idea that adapters were dangerous, nor did I know how the inside of the sim card reader worked. Most people in my situation with my knowledge at the time would have done the same.
5) Most phones, including the Galaxy Note II are NOT designed for the sim adapters.
6) The people working in the store are very knowledgeable and they should have warned me of the dangers of using a sim adapter when they decided to sell me the wrong product. There are many stories of sim adapters damaging phones, and the phones are obviously not designed for sim adapters.
7) If I had known the dangers of sim adapters I would have obviously never put that sim anywhere near my brand new Galaxy Note II.

I think I will ring the store back tomorrow or on Tuesday and quote them the relevant parts of the CGA. I will give them one more chance to do the right thing before taking them to the disputes tribunal.

Conclusion
According to the Consumer Guarantees Act of 1993. In addition to replacing the sim card, the Lower Hutt Telecom store should also reimburse me for the damage caused to my Galaxy Note II, because it was "reasonably foreseeable" by them that selling me the wrong sim with an adapter might damage my phone.

They have already replaced the sim, so they just need to repair my phone now or buy me a new one.

Example from comsumer.org.nz (http://www.consumer.org.nz/reports/consumer-guarantees-act/your-questions-answered):

I told the shop assistant I wanted a heater for the bathroom, but he sold me one that short-circuited, started a fire and damaged the wall. Who pays?

The shop. In addition to replacing the heater with one suitable for bathroom use, they should reimburse you for the fire damage, because it was "reasonably foreseeable" that the fire might happen.

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  Reply # 751524 27-Jan-2013 16:44 Send private message

Keep at it, you are doing great, go armed with the relevent section of the CGA.

But also look at the section that also deals with claims for additional costs, such as the cost of petrol to go back and forward to the store, your time in dealing with the problem, have you sent the phone in for a quote on repair? if so I'm sure that there were costs assocated with that. If you have to file a case with the disputes tribunal there will be a filing fee, add that to your list of expensises.

Maybe do a quick add up of all these possible costs and present it to the manager and let him know you will be claiming for these costs at the disputes tribunal unless they are willing to settle the matter in a more timely manor

Another possible way to resolve the problem is to lodge a claim with the TDR (www.tdr.org.nz) this will get Telecom head office (not just the local store manager) involved. I would hold off on going down this path until to have tried to settle the problem using the CGA and  Disputes Tribunal.



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  Reply # 751532 27-Jan-2013 17:04 Send private message

I really can't believe so many people are getting on the band wagon - reality is they sold you a $5 SIM card you put it into the phone in such a way that damaged it = your problem.

The adapters are fine if you are careful - I can't see how you could possibly win this one and is it worth your time?

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