I want item replaced - offered a partial refund. Where do I stand?

AnnoyedofDerby

Earlier today I was contacted by Samsung regarding a faulty Fridge Freezer that I bought thru' Comet in December 2011.

The scenario thus far:-
On 10th December 2012 I contacted Samsung to advise that their product was faulty and as Comet were no longer in business I was coming to them for help under the 2 year warranty with my item.

They sent out an engineer, who initially advised that it was a thermostat issue and he needed to order one, as this was a common fault. After hearing nothing for a week I contacted the engineers company to be told that they had deemed it beyond economical repair and had informed Samsung.

I contacted Samsung - who were unaware of the report from the engineer but immediately asked what I would like a refund or replacement. I answered replacement as the kitchen had been built around this item and I wanted the same item or one of the same dimensions.

Then on 24th December Samsung contacted my wife and offered either a replacement or a refund - to which my wife said replacement. The customer service centre said they didn't have any in stock but would order one and it would take till the end of January for them to deliver the replacement.

Up to now their customer service had in my opinion been extremely good. However today has changed all of that!

According to James the customer services agent who called me today they will only offer me a partial refund - I stated that was not what I wanted and furthermore it was not what had been agreed in December with one of his colleagues.

He said his colleague wasn't meant to have agreed anything and he apologised for that - I said apology wasn't accepted and as far as I was concerned Samsung were moving their problem to me and a verbal contract is a contract as someone at Samsung had agreed to replace.

After numerous times of me telling James I did not want a refund but a working item, which he kept saying wasn't going to happen as a partial refund was all that Samsung were going to offer. I then said what about a replacement of a different model - he said they had no other models of those dimensions - extremely hard to believe for such a massive producer of items (I would suggest that this is at best deliberately trying to mislead me into accepting something I don't want)

I ended the call after a little over 9 minutes as James was obviously reading from a script and wanted nothing more than for me to get out of his way.

Here's my question (eventually) do I have to accept a partial refund or can I insist on having the item replaced?

Any help is much appreciated

SuperHan

Just out of interest, did they ask what you want, as per your OP, or did they agree to a replacement?

It may be that they were asking your preference to see if they could accommodate that, it now turns out that they can't, so are offering the refund.

The warranty is above and beyond your statutory rights, and they can write in pretty much whatever T&Cs they like. However, if you fall back on to SoGA, your contract is with the retailer, so you're likely to get a whole lot less than a partial refund from Comet.

It may be worth taking the refund before you change their mind and offer you nothing at all, as they have no obligation to. On the other hand, you could scrutinise the warranty terms and make sure they are abiding by the letter? If not, you could contest their solution. I'm sure they will be abiding though...

AnnoyedofDerby

They originally asked me what I wanted a refund or replacement? I replied replacement - due to it being a new kitchen that this item has been accommodated in.

Then when they spoke to my wife on 24th December again they asked what we wanted - and again she said replacement which was agreed to.

It's only today that the CSA has stated they will only offer a partial refund and even then only after they have received my invoice, estimated the value, collected the item and then they will give me whatever they offer some 28 days down the line!

wealdroam

OP, if you made the original purchase with a credit card, you could approach your credit card company about a section 75 claim.

Section 75 of the Consumer Credit Act 1974 makes the CC co equally responsible for performance of the contract.

Read about Section 75 refunds here...
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

However, be warned... the CC co will probably only offer you a partial refund too.
Their obligation is enshrined in statute, and the manufacturer's warranty is not.

It really depends on which is going to offer the higher amount.

I think at this stage I would continue to push Samsung for a replacement.
Maybe a letter before action to get them to honour their guarantee.

ThumbRemote

AnnoyedofDerby wrote: »

Here's my question (eventually) do I have to accept a partial refund or can I insist on having the item replaced?

What do the terms and conditions of the warranty say?

If they say it's down to Samsung to decide what you get, then that's what happens. If it specifically says a replacement will be provided, I would assume you have grounds to take them to court for breach of contact.

zoob

2 points

Comet sold you the appliance, be careful and don't push it to far as Samsung might just refer you back to the retailer you bought it from, as that's who your contracts with, and you end up dealing with Comets administrators.

Also the model you bought could have being a Comet exclusive model so there's maybe no replacement available

Hopefully Samsung get it sorted out for you.

AnnoyedofDerby

ThumbRemote wrote: »

What do the terms and conditions of the warranty say?

If they say it's down to Samsung to decide what you get, then that's what happens. If it specifically says a replacement will be provided, I would assume you have grounds to take them to court for breach of contact.

Taken directly from their website the warranty states
"The warranty covers manufacturing defects only. Please note that this does not include consumables items such as batteries, bulbs, and ink cartridges unless listed above under 'general information'. The liability of Samsung Electronics (or its appointed maintenance agent) is limited to the cost of repair and/or replacement of the product under warranty"

And as I am seeking replacement I believe that their own words indicate that is what they will provide!

AnnoyedofDerby

zoob wrote: »

Also the model you bought could have being a Comet exclusive model so there's maybe no replacement available
.

No this item was widely available from numerous retailers - in fact tonight I can still buy it from 3 separate sources despite it being discontinued by Samsung!

All I want is the same item - if in the main because it fits the gap in my kitchen and also has the required storage I wanted in the first place.

Darksun

AnnoyedofDerby wrote: »

No this item was widely available from numerous retailers - in fact tonight I can still buy it from 3 separate sources despite it being discontinued by Samsung!

All I want is the same item - if in the main because it fits the gap in my kitchen and also has the required storage I wanted in the first place.

Then take the partial refund Samsung are offering and buy it from one of the retailers that still have stock. If it has been discontinued then Samsung won't be able to supply you with a replacement, Manufacturers rarely hold large stocks of items, it's all shipped to the retailers pretty much when it's built. They can't go to the retailer and ask for one back.

CoolHotCold

AnnoyedofDerby wrote: »

Taken directly from their website the warranty states
"The warranty covers manufacturing defects only. Please note that this does not include consumables items such as batteries, bulbs, and ink cartridges unless listed above under 'general information'. The liability of Samsung Electronics (or its appointed maintenance agent) is limited to the cost of repair and/or replacement of the product under warranty"

And as I am seeking replacement I believe that their own words indicate that is what they will provide!

From here?


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Warranty periods and warranty services are intended as a guide only and variations may occur.