Buying a mobile phone

Before you buy a phone

Before buying a new mobile phone, take a moment to think about why you need it. Also consider what features you may need, and which features you can do without as this can affect the price. For example, camera quality, screen size or other features.

Always read the contract carefully

Read mobile phone contracts thoroughly and do not sign anything unless you fully understand what you are getting for your money.

When looking over the contract you should:

• be careful about being a guarantor on a phone for someone under 18 as you’ll be responsible for paying the bills if they cannot pay
• find out what your monthly payments will be, so you’re not surprised by a high bill.

Look at what the warranty covers

Read the manufacturer’s warranty to see what is and is not covered.

You will automatically get a consumer guarantee regardless of the warranty. Consumer guarantees comes with most goods and services you buy, and you can ask for a refund if the phone:

• is not of acceptable quality
• fails soon after your purchase.

Make sure you keep your receipts and network service connection agreement as proof of purchase.

Check the phone coverage of your provider

Look at the coverage maps on the provider’s website or contact them to find out the quality of reception in the areas you’re likely to use the phone.

Take care if you are buying from an international website or private seller

Beware if you are buying from an overseas business or a private seller because Australian Consumer Law might not apply or may only offer you limited protection. This could make it difficult if you need a repair, replacement or a refund. Read the terms and conditions of the sale before you buy the phone so you know what you are getting.

If the overseas business offers refunds, repair or replacement, and you need one of these remedies, you should contact them in writing. If that does not resolve your problem, you could ask the consumer protection agency in their country for help.

After you have bought your phone

Mobile operating systems

The mobile operating system, also known as a ‘mobile OS,’ is the most important piece of software on your device.

Updating your mobile operating system will provide you with the latest:

• enhancements
• bug fixes
• important security patches.

Visit the Australian Communications and Media Authority website for information about mobile operating systems and how to avoid using your mobile data allowance when you update.

What you should do if your phone is lost or stolen

Contact your mobile phone company immediately to suspend the service. This will stop unauthorised calls being made.

If you’re on a plan, you’ll still need to pay the monthly contract fee.

Some network providers offer insurance for your phone but make sure you read the conditions and any exclusions before buying it.

Your consumer rights when buying a phone

Australian Consumer Law guarantees your rights when you buy goods and services.

In fact, most products and services purchased after 1 January 2011 come with an automatic consumer guarantee that the phone or internet service you purchased will:

• work
• do what you asked for.

Your phone service must be of acceptable quality

When you engage a business to provide a service, you have the right to expect ‘acceptable quality’. Services must be:

• provided with due care or skill, taking all necessary steps to avoid loss and damage
• fit for any specified purpose that can express or implied
• provided in a reasonable time when no time is set.

What is ‘reasonable’ will depend on the nature of the service, the difficulty of the task and other relevant factors.

Keep any proof of purchase documents relating to your phone

You have the right to receive proof of purchase  that can include:

• an invoice
• a receipt from a cash register
• a handwritten receipt
• a layby agreement.

Suppliers must provide proof of purchase for goods and services worth $75 or more, excluding GST.

Phone and internet services in Australia are supplied under a contract. A written copy of the contract, including its terms and conditions, must be supplied to you. Keep this for your records and in case you need to refer to the contract terms during a dispute. 

Advertising

Advertising can be a powerful means of persuasion, so it’s important it is truthful, accurate and easy to understand. Australian Consumer Law protects consumers from deceptive advertising claims and conduct.

Businesses are not allowed to make false or misleading representations about their products or services. This includes advertising for phone and internet services.

Learn more about advertising standards.
 

Telephone Information Services Standards Council

The Telephone Information Services Standards Council (TISSC) manages complaints about the message content or advertising of any 190 phone, fax or internet service, 190 service content includes:

• technical software support
• directory inquiries
• weather forecasts
• horoscopes
• voting, especially relating to television shows
• competitions and adult chat lines.

For more information, contact TISSC via email or visit the website.