Currys refusing to refund on faulty tablet

kas206

I bought a Samsung Tab S from Currys on 16/12/14. For the past month the tablet has been randomly rebooting and gets stuck on the Samsung logo and it will just stay there unless i hold the power button. I have reset it to factory settings multiple times but the problem still persists,

I have contacted Currys to day and mentioned the sales of goods act. Firstly, the adviser told me that it only covers software and not hardware he then went on to say that if i look on the trading standard website i states that i can only get a refund if the problem occurs in the first 3 - 4 weeks. Is this true? I was under the impression that under the sales of goods act if a fault occurs in the first 6 months i am entitled to a refund or replacement.

Is Currys trying to fob me off or have i got this all wrong?

bris

You have it all wrong and Currys are right.


In the first 6 months the fault is said to be inherent at time of purches and it's up to the retailer to prove otherwise. After 6 months it's the other way about.


The 3 to 4 weeks they are talking about is an acceptance period where you are said to have accepted the goods. After this period, which is not defined in law you then are at the retailers mercy as to whether or not a repair, replacement or refund is given, their choice not yours.


It covers any faults not just software or hardware, but bottom line is they can repair it if they want.

CoolHotCold

In a roundabout way yes.

You have a reasonable timeframe to inspect the goods, and if they don't conform to contract, aka faulty, you can reject for a full refund. After this timeframe you are entitled to a refund (can be partial), replacement or repair, but you are not entitled to one which is disproportionate to other methods. Essentially, the retailer (after a reasonable timeframe) can choose what to do. As it costs them nothing to repair (all repair costs for Samsungs are paid by Samsung) a Samsung tablet, getting a refund, even proportionately, is disproportionate.

There is no defined "Reasonable Timeframe" stated in law, but it resides on what the common person may expect in regards to handling goods to check they're ok. So you may have a week to reject a set of plates for example, but 2 weeks for a mobile phone.

Currys/PcWorld operates a rather generous cache all where regardless of the item, if it's 3 weeks old and faulty you can get a full refund, 4 weeks old and fault, exchange for new (or if no replacement/alternatives available, refund). After this timeframe, it's usually a repair on many items, though some items such as hard drives, grills, bags etc are just exchanged in store as it's cheaper than repairing/no repair route exists.



For your problem, either take it into a KnowHow bar with your receipt/PoP and they'll arrange the repair on it, or phone Samsung yourself and they'll pick it up from you.

bod1467

SOGA applies for all time after a purchase is made. What a buyer can expect depends on the item and length of time of ownership - there comes a time when no remedy is reasonable to expect.

The key for you is ... up to 6 months from purchase any fault is presumed to be inherent and the seller must prove otherwise; after 6 months the burden of proof switches to the buyer.

It sounds to me like the Currys guy was quoting their policy ... the law says otherwise.

Edit: posters above are correct with respect to a refund. With respect to a remedy (repair, replace, refund, sellers choice effectively) then the 6 months burden of proof rule applies.

tl;dr ... you are entitled to a remedy. You can request a specific remedy (e.g. replace or refund) but seller can choose to repair if they wish.