Samsung repair service

huzzi

Hi All,

I'm sending my mobile phone (Galaxy S4) for repair for the 4th times within last two months.

Samsung won't replace the phone untill their engineers declares it's un-repairable. There's no limit on how many attempt they could have at trying to repair it.

I'm getting really fedup and it's costing me money.

Is this acceptable? Do I have any other options?

JJ_Egan

Your rights under Sale of Goods Act is with the vendor .

Samsung offer an extra limited warranty subject to their terms and conditions .Basically they will repair or replace at their discretion .

Have you taken the problem to the vendor they are governed by the Sale of Goods Act .
How old is the S4 .

huzzi

About 18th months old, I got it through EE, should I be contacting them?

unholyangel

If its pay monthly, the service provider are responsible. If its payg/was purchased outright then its the retailer who sold it to you.

They may require you to prove the fault is inherent first though given you've had the phone longer than 6 months. Contact them and see what they say.

Cycrow

unholyangel wrote: »

If its pay monthly, the service provider are responsible. If its payg/was purchased outright then its the retailer who sold it to you.

Thats not quite true, it doesn't matter if its pay monthly or payg, its always the retailer who is responsible for the handset, as they are the ones that provided it

The service provider is only responsible for the handset if you got it direct from them. (which would make them the retailer)

JJ_Egan

huzzi wrote: »

About 18th months old, I got it through EE, should I be contacting them?

In the first place yes .
But as you have been down a different route to your rights it may prove difficult .
You require an engineers report to state the goods are faulty and could reasonably have lasted longer or its a manufacturing fault .

As the report will cost you money ( reclaimable ) i would stick to Samsung and push Samsung for a better service .

unholyangel

Cycrow wrote: »

Thats not quite true, it doesn't matter if its pay monthly or payg, its always the retailer who is responsible for the handset, as they are the ones that provided it

The service provider is only responsible for the handset if you got it direct from them. (which would make them the retailer)

Nope, if its pay monthly it comes under supply of goods and services act - in which the service provider are responsible.

As detailed by MSE in their guide here:
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

If you get goods with the service, the same rules apply

When you buy goods on their own, with no service attached, you're protected by the Sales of Goods Act.

Yet if you buy goods as part of a service, eg, a handset with a mobile contract or a boiler that you ask a gas company to fit, you're protected by the Supply of Goods and Services Act.

And if the goods supplied as part of the service become faulty, it's the service provider that's responsible for sorting the problems, not the supplier of the goods.

The protection's the same as the Sale of Goods Act, though - in short, the Sad Fart rights. It's just that complaints must be made under the service law instead.

Cycrow

But if you get it from a 3rd party, they are responsible, not the network.

why would the network be responsible for a phone they had nothing to do with.

unholyangel

Cycrow wrote: »

But if you get it from a 3rd party, they are responsible, not the network.

why would the network be responsible for a phone they had nothing to do with.

You mean a phone you were given as part of the contract you took out with them and are paying them every month for?

You might want to rethink the "for a phone they had nothing to do with" part.

bod1467

I think you both need to clarify what you each mean by a "pay monthly contract". After all, a 12 month SIM only contract is still a "pay monthly contract" yet it doesn't include a phone part - you bring that with you.

unholyangel

bod1467 wrote: »

I think you both need to clarify what you each mean by a "pay monthly contract". After all, a 12 month SIM only contract is still a "pay monthly contract" yet it doesn't include a phone part - you bring that with you.

I wasn't really including sim only because (as you point out) you'd have to get the phone separately and what I was referring to above was the purchase methods for the phone - of which sim only is obviously not an available option