New freezer not working
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JustTakeAllMyMoney
Posts: 83 Forumite
I had a Samsung fridge freezer delivered last Thurs a digital inverter one from Currys. I followed the manual / left it for 15hrs to settle but the Freezer is not cooling enough, display shows -23 but ice cream is melting / stuff not freezing or taking days to get slightly frozen. I measured temp with a digital therm and at best it gets to is -6, ideal is -18 it seems faulty.
I wanted to do a straight swap and asked Currys and they told me they need a code from Samsung to do this and to get this a engineer has to visit and they can't come till Thurs. I also rang Samsung and they told me to quote the Consumer Rights at Currys but Currys saying they can't do anything without the code from Samsung.
Under the Consumer Rights 2015 act is it enough for me to tell Currys its faulty and they have to replace / refund it, or should I have to accept Samsung coming out to confirm the fault ?
Really annoyed with both Currys and Samsung.
I wanted to do a straight swap and asked Currys and they told me they need a code from Samsung to do this and to get this a engineer has to visit and they can't come till Thurs. I also rang Samsung and they told me to quote the Consumer Rights at Currys but Currys saying they can't do anything without the code from Samsung.
Under the Consumer Rights 2015 act is it enough for me to tell Currys its faulty and they have to replace / refund it, or should I have to accept Samsung coming out to confirm the fault ?
Really annoyed with both Currys and Samsung.
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Comments
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Essentially if the item is faulty then yes Currys have to replace/refund or fix the item and you are not required to get Samsung to confirm the fault, especially if they are unwilling to do so. (This is because your contract is with Currys so they are ultimately responsible.)JustTakeAllMyMoney wrote: »Under the Consumer Rights 2015 act is it enough for me to tell Currys its faulty and they have to replace / refund it, or should I have to accept Samsung coming out to confirm the fault ?
Obviously the item does actually need to be faulty and not through misuse or customer damage. (I am just making this point for completeness).
That said you need to act reasonably. So you were right to follow Currys' suggestion of calling Samsung, and had Samsung been willing to inspect the item then you should have let them.
I suggest you write to Currys (by email) explaining the situation as you have done here. (If you have Samsung's email address cc them as that gives them a chance to respond if they wish.) If the matter needs to be escalated it will be helpful having evidence of what you said.
It seems a bit strange to me that Samsung did not offer to help. I would have thought (even although they are not contractually liable) they would wish to help a consumer who had a problem with one of their products.
My slight concern would be that the item may not be faulty but that I had somehow set it up incorrectly. I suggest you make clear (in your email) to Currys that you have done everything you can think of to get the item working but if they have any suggestions you are willing to try them out.0 -
All Samsung White Goods need a Returns Authorisation number (RA) or Uplift Number before being exchanged if within 31 days.
Essentially your rights are an exchange, refund, repair at this point (your choice). But Currys are right in that they are entitled to confirm the fault before exchanging the unit.
In Samsung White Goods, this is done by arranging with Samsung a engineer to visit and confirm the fault and issuing a RA, which either you can do yourself, or Currys can do on your behalf.
What Samsung want is to not issue a RA number (hence them saying quote Consumer rights) because it costs them far more money than just a repair, so if they can get the consumer to get an unauthorised returns (aka a return without a RA number) they don't get charged and Currys will be out of pocket.
This is likely where you're at, Samsung want you to quote Consumer Rights to try and force Currys into doing an unauthorised exchange/refund so they don't take hit, but Currys want that RA number Samsung will provide if a Engineer confirms the fault.
Bad customer service both sides, but Samsung playing very fast and loose with consumer rights (as Currys are allowed to confirm faulty before exchange (which can be in the form of a Samsung Engineer) ), and Samsung also misleading consumers into unnecessary confrontation with the retailer.0 -
When you say 'this Thursday' do you mean 26th November? In this time frame and considering it has never worked your rights under SoGA is to reject the goods for a full refund, which is what I assume Samsung mean.
To reject the goods you don't need to involve Samsung and Currys don't have the right to inspect the goods. You need to make it clear to Currys that you are formally rejecting the goods under SoGA.Accept your past without regret, handle your present with confidence and face your future without fear0 -
peachyprice wrote: »When you say 'this Thursday' do you mean 26th November? In this time frame and considering it has never worked your rights under SoGA is to reject the goods for a full refund, which is what I assume Samsung mean.
To reject the goods you don't need to involve Samsung and Currys don't have the right to inspect the goods. You need to make it clear to Currys that you are formally rejecting the goods under SoGA.
Currys or any other retailer do have the right to confirm a fault before offering any remedy, they can't confirm a fault without inspecting it. Formally rejecting under SoGA makes no difference, they still have the right to confirm a fault before accepting a rejection. Right now nobody know if it is actually faulty, it could be unlevel or in an alcove without the right amount of ventilation around it, it could be next to a radiator, in a shed/garage/other outbuilding it's not designed to be used in or it could simply be that OP hasn't set it correctly.
Of course it could also genuinely be faulty but there are too many other reasons for it to not function correctly to just take OPs word that it is faulty.0 -
CoolHotCold wrote: »Bad customer service both sides, but Samsung playing very fast and loose with consumer rights (as Currys are allowed to confirm faulty before exchange (which can be in the form of a Samsung Engineer) ), and Samsung also misleading consumers into unnecessary confrontation with the retailer.
To my mind the bad service is purely on Currys part. If Currys want a report they should arrange the details of that themselves, not just palm off responsibility to the customer - then the customer knows who their point of contact is, and doesn't have to chase multiple different companies. And of course from a legal perspective, Samsung have no responsibility to the OP.0 -
Thanks for replies, I've been shocked at both Currys and Samsung attitude, I'm self employed and now have to lose a days pay to wait in for Samsung to visit, so for a week I will have a none functioning freezer.
I have checked the item is installed correctly and it is, Im a handy man by trade.
I will never buy from Currys or a Samsung product again, used AO.com before there were 100% great. Fill left in the lurch by both Currys and Samsung.0 -
JustTakeAllMyMoney wrote: »Thanks for replies, I've been shocked at both Currys and Samsung attitude, I'm self employed and now have to lose a days pay to wait in for Samsung to visit, so for a week I will have a none functioning freezer.
I have checked the item is installed correctly and it is, Im a handy man by trade.
I will never buy from Currys or a Samsung product again, used AO.com before there were 100% great. Fill left in the lurch by both Currys and Samsung.
I fully sympathise.
If Samsung won't give you a narrower time slot than one day then I would be complaining to Currys (not Samsung) that it is unreasonable. (Personally I think a half day slot is the widest that is reasonable in this day and age.) However if they are unhelpful in practice there is probably little you can do other than avoid buying from them in future.0 -
ThumbRemote wrote: »To my mind the bad service is purely on Currys part. If Currys want a report they should arrange the details of that themselves, not just palm off responsibility to the customer - then the customer knows who their point of contact is, and doesn't have to chase multiple different companies. And of course from a legal perspective, Samsung have no responsibility to the OP.
Agreed. But on the same token you can see where they would come from. Samsung are telling the customer to quote the consumer rights at Currys and Currys won't just pick up the freezer as Samsung wont take it without the RA number.
Though it is something Currys can ultimately sort out the workload that it would cause shouldn't offset them from doing the right thing by the customer which is to replace the goods. - but from Currys perspective if the customer kicks off at Samsung and gets that number for them then it saves them a tonne of work, so I can see the logic I just don't agree with it.0 -
Wrong on 2 counts. Firstly Currys do have the right to check that the item is indeed faulty (which they should be handling themselves), and second, under the CRA if you wish to exercise your right to reject the onus is on the buyer to prove the fault is inherent.peachyprice wrote: »When you say 'this Thursday' do you mean 26th November? In this time frame and considering it has never worked your rights under SoGA is to reject the goods for a full refund, which is what I assume Samsung mean.
To reject the goods you don't need to involve Samsung and Currys don't have the right to inspect the goods. You need to make it clear to Currys that you are formally rejecting the goods under SoGA.0 -
Wrong on 2 counts. Firstly Currys do have the right to check that the item is indeed faulty (which they should be handling themselves), and second, under the CRA if you wish to exercise your right to reject the onus is on the buyer to prove the fault is inherent.
Not before 30 days.Accept your past without regret, handle your present with confidence and face your future without fear0
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