Coles Supermarketsoptus prepaid sim card

Dear Sir/Madam
I want to make a formal complaint after buying three faulty Optus Prepaid sim from Coles Liverpool 723
I bought the sim on 22.4.2017. Receipt number is 3110. The person who served meon that date is Sabrina, store manager is Matthew Hamilton.
Today, I tried to activate but none of these sim are activated because they are not validated. I called Optus and they said we have to return the faulty sim to the store we bought them. They cannot activate the faulty sim for us because they are faulty. The sim are faulty absolutely!
I came back Liverpool store and the supervisor there, whose name is Devi, refused to exchange new ones. She said that the sim were opened and that is our fault. She did not agree to exchange the new ones, except the sim still NOT opened. She threw Coles policy of refund, exchange to us and said: “After you opened the product, we are not responsible to exchange or refund because it is a policy from Coles”. She did not try to understand the problems and did not understand Australian Consumer Law by herself. Then, Devi walked away and ignored us.
Other staff, her name is Felicia, was more patient. She tried to call around to solve our problem. But all managers she contacted said that they cannot exchange new ones because the sims are opened. But if we did not open the sim, how can we know they are not validated.We bought the sim because we want to use it. We open the sim to activate and not open it for fun. Felicia then advises us to go to Optus store in Westfield Liverpool. Staff from here tried to activate it but the sim still are not validated. They told us the sim are faulty and we need to replace new ones
We came back Coles Liverpool and talked to other supervisor (or manager). She called around but could not solve problem. She took my number and promised to contact me as soon as possible. But she gave us the same solution: “Coles is middle man and not responsible for Optus’s faulty products. Coles cannot give customer refund or exchange because the system does not allow it”
I want to make complaint about Devi’s behavior as well as her performance relating customer care. We have problem after buying items from Coles. We come back to Coles and ask for assistance to solve problem. She tried to blame on us all problem and did not want to understand our issues. I wonder whether or not Devid was trained to be supervisor as the way she did actually send customer away, and when we walk away from Coles, we will never come back. Simply like that. If Devi is continuously to be employed as supervisor in Coles Liverpool, I absolutely dissatisfy with her performance (and disappointed to Coles as well)
About the Optus sims, until now, no one talked to us (from Coles) even our number is taken. We bought the sim and expected the sim are workable. If we know that after buying the sim and they are not validated and we do not have any opportunity to have a refund or exchange, of course, we never bought from Coles. This is the strange policy that violate consumer's right. We understand that Coles is the middle man and retail stores. But not because of being the middle man, Coles does not have duty of care relating products they sold to customers. Coles should have duty of care to us and cannot deny this responsibility under Australian COnsumer Law. The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include consumers' rights to a repair, replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service. Repair, replace, refund. It is quite wrong when Coles refuse to give customers' a refund or exchange. If the item is faulty, I have rights to a refund or exchange because I bought the sim in store not online. Coles cannot set up any policy relating to refund and exchange that violate Australian Consumer Law. That is illegal.
Coles’ Refunds, returns and exchanges is misconceived
I read on Coles website as followings:
“If you’re not happy with something you’ve bought or you’ve simply picked up the wrong item, please ask for assistance from our Customer Service Desk team.
On our Coles branded products our promise is to provide you with high quality products to enjoy every day. If you are not 100% satisfied, let us know and we’ll happily give you a full refund or replacement - that’s a guarantee you can count on”.
However, the sim we bought are faulty product. It does not mean we not happy with the sim we’ve have bought or we’ve simply picked up the wrong item, the sim is not validated and does not work. Coles sells faulty products and refused to exchange them. Coles actually is not a guarantee that customer can count on
I ask Coles to solve my problem as soon as possible and exchange new sim cards. The money is not an issue. The issue is that Coles sells faulty products and staffs blamed all responsibility on consumers. This violate Australian Consumer Law . Could I continue to trust Coles and buy products from Coles? I still wait for the answer from Coles.
Chung Duong
Address 3/15 Myall Street Cabramatta NSW 2166

May 01, 2017

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