Reply With QuoteSIM cards cannot be reactivated after they are used, so it's useless. If the dealer would have refunded you for the SIM, they would be losing money.
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Was I scammed by a dealer at Mobilicity?
Give me back my RAZR!
Was I scammed by a dealer at Mobilicity?
I ended up purchasing a Samsung Galaxy Nexus from Mobilicity and activating it on the $25 unlimited starter plan. Long story short, I wasn't happy with the service (I wasn't getting good reception in my apartment), so two days after my purchase, I went back to the Mobilicity store and returned my phone as well as the SIM card for a full refund. Or at least so I thought. The dealer said that there is a non-refundable charge of $20 for the SIM card that was activated with the phone I had purchased, since they can no longer sell that same SIM card. When I asked where this $20 SIM card policy is in writing, the dealer said it appears on Mobilicity's web site as the "Buyer's Remorse Policy". The dealer called customer support to ask what the code for this policy was, and I spoke with them as well. They verified that all Mobilicity stores have this $20 SIM card policy, but that the final decision is up to the dealer's discretion. The dealer was apologetic but said there was nothing further that could be done about the $20 charge. For those curious; I dealt with the Mobilicity store on 1030 Sheppard Ave West across from the Downsview subway.
So now I'm left with a refund less $20. I don't even have the SIM card that was activated with my phone, as the dealer didn't return it. Losing $20 obviously isn't the end of the world. I'm more upset over the whole principle; the fact that the Mobilicity store I dealt with seems to be unscrupulous. There is no indication on my receipt that there is a "non-refundable SIM card charge". I cannot find the so-called buyer's remorse policy on Mobilicity's web site. The receipt states that the item must be returned within 14 days and with less than 30 minutes of usage. I had never been charged $20 for the SIM card when I first purchased the phone, so why would they deduct the $20 from my refund?
I would appreciate any feedback from those familiar with Mobilicity as well as their store policies when it comes to returning a phone and service within 7 days.
Was I scammed by the Mobilicity store I dealt with, or is this in fact standard policy? Should I take it up with the CCTS? Should I dispute the charge with my credit card company?
I've climbed a cellphone tower
SIM cards cannot be reactivated after they are used, so it's useless. If the dealer would have refunded you for the SIM, they would be losing money.
Also frequently referred to as "Positive Rate".
Why yes, that is a bag phone
Did you get the SIM for free? I assume you did. If so, then this is absolutely wrong and you should insist you want your $20 back.
Call mobilicity and ask for a manager and explain that their customer service led you to believe you had to accept the loss of $20. If you paid for the sim, then yes, maybe they can get away with it. The website says nothing about this and that means its in your favor.
From the mobilciity FAQ section on their site:
What is the Mobilicity 7 Day Guarantee?
The Mobilicity 7 Day Guarantee allows you to try our service and receive a full service refund within 7 days if dissatisfied.
It takes approximately 4 to 6 weeks to process a refund cheque. The cheque will be mailed to the address you provided at the time of activation.I am not happy with my phone, can I return it?
If you’re not happy with your phone, your phone must be returned within 14 days from the date of purchase. Your original sales receipt, original phone box, including all instruction manuals and accessories that came with the phone (such as the charger, battery, headset and carrying case) must be returned.
I've climbed a cellphone tower
@ bluenote73
But you're only given a free SIM IF you purchase (and keep) the phone. When OP returned the phone and got a refund, he/she was no longer keeping the phone, hence the $20 SIM charge applies.
If OP only got a SIM card, without purchasing a phone, the dealer would've charged the $20. And if OP ended up wanting a refund, in this scenario, Mobilicity would've refunded the price of the plan only, and not the SIM card.
Unfortunate that OP didn't ask about the return policy and the dealer didn't state ahead of time that the SIM is non-refundable, but it's not a scam by any means. Companies don't do refunds on products they cannot resell, plain and simple.
I've got more phones than fingers
Did you buy that Galaxy Nexus at that Mobilicity store at the same time that you activated? If so, you didn't pay $20 for the sim card. The sim card was included for free. Take a look at your bill of sale and if it it lists the phone as $579.99 and the sim card separately as $20.00, the the dealer would be right. If the bill of sale just says Galaxy Nexus $599.99, the dealer doesn't have a leg to stand on, and should have refunded you in full. You would be within the return policy as stated on your receipt, which is a legally binding document.
How the purchased is itemized on the receipt is important. If the sim card was never charged for to begin with, the buyer only needs to give that sim card back with the phone when making the return.
Originally Posted by ECBomb
On the receipt, it probably states that sim card purchases are non-refundable; that fine - the dealer doesn't have to refund that $0.00 that was originally charged for. If there is no $20 re-stocking fee listed as condition of sale on your receipt, the dealer would lose in court (this isn't legal advice, not a lawyer). What's the price of the phone without activation for an pre-existing customer? It's $599.99, which just happens to be the same price charged to a brand new customer. This means that Mobilicity has assigned a value of $0.00 to the sim card on this activation/purchase and that is the only amount ($0.00) that they should be withholding from the customer's refund.
Why yes, that is a bag phone
As much as it pains me, I have to agree with computergeek. What he has said is what I was aiming at with my comment about the sim being free.
Also, although it hurts me to say something bad about mobilicity, the SIM fee is really bogus if you ask me.
What do you think those things cost to manufacture? 2c like a razor blade cartridge thats then sold to you for $5 or so right?
The dealers have to make a few bucks somewhere though, so whatever. But this should be refunded as everything mobi has ever said and everything on their website suggests that, you can try their service and change your mind with no cost to you.
Mobilicity Mod
SIM cards are consumables and they cannot be reused. So they cannot be returned. $20 is too much for a SIM, but that's mobi's policy on how much they want to charge for SIMs.
Give me back my RAZR!
Yes, I did get the SIM for free. On my refund receipt, the $20 SIM card charge appears as "RETAIL Discount: ($20.00) -P". I'm assuming the dealer concocted this charge in order to avoid absorbing any losses on my returned phone and SIM card.
FYI, I did ask the dealer about the return policy. The dealer never said anything about a $20 non-refundable SIM charge. He said the store policy is 14 days and less than 30 minutes of talk time. He even gave me a copy of Mobilicity's terms of service. It says nothing about a $20 non-refundable SIM charge.
Well said. You definitely got the gist of my predicament with Mobilicity. My bill of sale shows the purchase price at $599.99. It also lists the Galaxy Nexus' serial #, followed by a $25 charge for my unlimited starter plan. My subtotal was $624.99 and my total after taxes was $706.24. The SIM card was included for free, as it does not even appear as a charge ($0.00).
My refund receipt shows a $20 charge. My subtotal was $579.99 instead of $599.99.
Most importantly, my bill of sale makes no reference to any non-refundable SIM card charges, or re-stocking fees. It only states that the phone must be returned within 14 days and with less than 30 minutes of talk time.
I'm not a lawyer either, but based on the events that occurred, I'm pretty sure the dealer was in the wrong by failing to issue me a full refund of $599.99, as guaranteed in writing by my bill of sale, as well as Mobilicity's terms of service. Mobilicity's terms of service do state that SIM card purchases are non-refundable. In my case this is moot, as I was never charged for a SIM card on my bill of sale.
I don't dispute the fact that SIM cards are consumables and cannot be reused. I do however dispute the fact that the dealer never stated its so-called policy in writing. It's nowhere on my bill of sale, refund receipt, or on any terms and conditions I could find on Mobilicity's web site. Like it or not, the dealer I dealt with elected to unilaterally withhold $20 from my refund. Everything was returned in perfect condition, including the SIM card, which the dealer insisted on keeping, interestingly enough.
As a follow-up, I called Mobilicity's customer support line to register a complaint with the Mobilicity store across from Downsview subway. I spoke with a manager who was very sympathetic. She said she would look into the matter further and get back to me within the next two days. As per her request, I provided her with the store location and dealer name. It should be interesting to see how this scenario plays out. For now I'm going to patiently wait for Mobilicity to get back to me and hope that they will do the right thing.
I'm sure there are some current and potential Mobilicity customers who have read this thread and are interested in knowing the outcome. I promise to keep you all posted as soon as I have any new information.
My screen is bigger than yours
Regardless of whether or not the $20 charge was mentioned, the fact is that it's a sleazy maneuver.
Did you pay for the purchase by credit card? If so, call your credit card company and explain to them that you returned an item to the store, and the store did not refund you the full purchase price. Don't make it complicated. If they ask, then say that the store decided to charge a fee when you returned the item, and there was no mention of that fee on the original receipt, nor anywhere in the store. Stick to that side of the story, don't mention that sometimes some stores charge this or that or whatever. Don't make it complicated. Explain to the credit card company that you returned an item and were not refunded the full amount. The credit card company *should* side with you and hopefully refund your money sooner or later.
Why yes, that is a bag phone
Err, don't charge back through your CC yet, save that for a last resort.
I've climbed a cellphone tower
That is pretty sneaky and smart at the same time of Mobilicity to do the breakdown of $579.99 + $20 instead of $599.99. I'm not sure which side has more of an edge anymore but if you feel like it's worth your time and effort to fight for the $20 then absolutely fight for it.
And you also mentioned that they took your SIM without giving it back to you, so in that case you should get refunded the $20, as they took your possession without a refund.
It all depends on how firm of a stance it'll take for Mobi to budge. Good luck.
Sent from my Panache using Tapatalk
Phone Expert
The dealer should have written off the SIM, these small things cost them more in the long run.
WIND HAITF
ROGERS PAYG
Phone Expert
Section 12. MOBILICITY SERVICE AND PHONE REFUND
(1) You may request a service refund and we will repay the Monthly Fees or Multi-Month Fees you paid for the Services and any unused money in your My Wallet account (“Mobilicity Service Refund”) if we determine that: (i) you requested the service refund with your original receipt within seven (7) days of activation, (ii) your usage does not exceed thirty (30) minutes, thirty (30) text messages and/or one (1) megabyte of data, (iii) you have provided us your phone or other Devices for examination (upon our request), (iv) you have provided us with relevant personal information including your legal name and your valid mailing address (upon our request for purposes including to issue and mail a cheque to you), (v) if you purchased from a store, you made your refund request at the same location where you made your purchase, (vi) if you purchased through our call centre or online, you made your request at a corporate store, and (vii) you are not and have not been in breach of this Agreement, our policies and guidelines. Please note that the money you paid for your SIM card will not be refunded.
TERMS OF USE
Phone Expert
" you return the Phone and Service Package and all original SIM card and accessories and parts" TOU
My screen is bigger than yours
OP did not pay for the sim card, therefore the clause does not apply in this situation.
It was pretty bold of the dealer to claw back the 20 dollars. You should be entitled to a full refund. If the service was great and you kept the line active for years then he'd stand to make a nice commission off you. It's his chance to take when he sells you the service.
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