mobile phones. Statutory rights: Satisfactory quality..

stunews

The screen on my Samsung S3 cracked. I'm not sure how it happened. Consequently, I don't think the unit is up to the wear and tear of everyday life, and I want to return it to the retailer (tmobile & EE), which I understand I can do under my statutory rights as a consumer within 6 months of 'purchase', much as you would if you bought a toaster from argos and it stopped working.

They are telling me to go to Samsung. Which I don't think is correct as it's within the first 6 months of receiving the phone.

What is my position as a consumer? Are they the retailer in this situation? I certainly didn't take the contract for the quality of their calls and data, it was for the acquisition of the phone.

Any thoughts on the legal position appreciated.

Stu

helpthejuggler

Your purchase was from the retailer. You did not purchase from Samsung so cannot approach them under the Sale of Goods Act for your statutory protection.

If Samsung offer a warranty that is protection you would approach them under if the phone was faulty.

If there is systemic problem with screens cracking on S3 then your position is stronger and up to 6 years you can approach the retailer. I doubt this to be the case.

The biggest hurdle is agreeing that the phone was faulty when new and not fit for purpose. The retailer might argue it was down to your ham-fisted clumsiness.

If you don't know how a fault happened, the retailer faced with many fault-free S3s probably appears to be on safe ground for what looks like accidental damage.

Is the phone covered under your home insurance?

grumbler

The only way is to sue T-mobile/EE, and IMO you are likely to lose.

JJ_Egan

Samsung will not entertain cracked phones under warranty based on multiple previous same posts .

You really would have to prove not accidental damage but an inherent fault . The same sort of posts on the web are of no use as all who break the glass say it was not me guv .

jje

stunews

thanks for the input.
think I'll try my home insurance as a first port of call then..