Samsung online order - Failed delivery and consumer rights

giboning

Hello. I'm looking for advice on how to complain to Samsung or any other authority and any consumer rights I have to support my claim.

I ordered two Samsung Galaxy S10e on 22nd August from Samsung website when the phones were being sold for £409 using Unidays discount with free Gear Icon X and AKG Y500 headphones included. I selected delivery date to be 24.08 with DPD, but they were never delivered. I called DPD on Tuesday, 27.08 to check the reason of delay and I was told there is a security issue and they are waiting a call from Samsung shop to clarify it before the delivery. I called Samsung and informed about this information from DPD, asked to reschedule the delivery for next Saturday or I can collect it from the DPD depot and I was told to wait for a confirmation call or email. Since I didn't get any callback, I called again the next Wednesday and Thursday to be told the same thing as Samsung adviser was blaiming DPD for the late response.

On Friday, 30.08, a manager from Samsung called me saying the parcel was returned to Samsung warehouse and he will arrange the phones to be delivered to me, but he can't arrange a next day delivery. We agreed a date for the delivery as I was away on holiday last week, I asked him for a confirmation email, which I received.
Yesterday I received an email from Samsung saying my order was cancelled and the money refunded. Angered, i called Samsung shop, asked to speak with a supervisor and after being connected to someone, I was told he did everything he could, but couldn't reinstate the order and he offered a £50 coupon voucher as a compensation event.
I explained him I would have bought the phones even without the free headphones, but the price is higher now and the voucher won't cover the difference, so I asked him for a higher value coupon. He said £50 is the most he can do, basically take it or leave it. I refused the voucher.

Since this wasn't a misprice or lack of stock, do I have any consumer rights and any authority to complain to about it? In my view, both DPD and Samsung failed to deliver something that I paid for. The phones and headphones were in stock as I have the dispatch confirmation email, was handed to the courier to be delivered (i have the parcel tracking history), but due to unknown reasons it was returned to Samsung warehouse. Even though I was refunded, I can't get the same order for the same price.

The attitude of samsung shop advisers was very poor and rude which is why this angered me so much. I paid using a credit card, but not sure if Section 75 covers.

Thank you.

Aylesbury_Duck

giboning wrote: »

Hello. I'm looking for advice on how to complain to Samsung or any other authority and any consumer rights I have to support my claim.

I ordered two Samsung Galaxy S10e on 22nd August from Samsung website when the phones were being sold for £409 using Unidays discount with free Gear Icon X and AKG Y500 headphones included. I selected delivery date to be 24.08 with DPD, but they were never delivered. I called DPD on Tuesday, 27.08 to check the reason of delay and I was told there is a security issue and they are waiting a call from Samsung shop to clarify it before the delivery. I called Samsung and informed about this information from DPD, asked to reschedule the delivery for next Saturday or I can collect it from the DPD depot and I was told to wait for a confirmation call or email. Since I didn't get any callback, I called again the next Wednesday and Thursday to be told the same thing as Samsung adviser was blaiming DPD for the late response.

On Friday, 30.08, a manager from Samsung called me saying the parcel was returned to Samsung warehouse and he will arrange the phones to be delivered to me, but he can't arrange a next day delivery. We agreed a date for the delivery as I was away on holiday last week, I asked him for a confirmation email, which I received.
Yesterday I received an email from Samsung saying my order was cancelled and the money refunded. Angered, i called Samsung shop, asked to speak with a supervisor and after being connected to someone, I was told he did everything he could, but couldn't reinstate the order and he offered a £50 coupon voucher as a compensation event.
I explained him I would have bought the phones even without the free headphones, but the price is higher now and the voucher won't cover the difference, so I asked him for a higher value coupon. He said £50 is the most he can do, basically take it or leave it. I refused the voucher.

Since this wasn't a misprice or lack of stock, do I have any consumer rights and any authority to complain to about it? In my view, both DPD and Samsung failed to deliver something that I paid for. The phones and headphones were in stock as I have the dispatch confirmation email, was handed to the courier to be delivered (i have the parcel tracking history), but due to unknown reasons it was returned to Samsung warehouse. Even though I was refunded, I can't get the same order for the same price.

The attitude of samsung shop advisers was very poor and rude which is why this angered me so much. I paid using a credit card, but not sure if Section 75 covers.

Thank you.

You should investigate whether Loss of Bargain applies in this case. There are one or two posters much more clued up than me on it and whether it applies to your situation.

On the face of it, you're not only no worse off, you've been offered £50 in vouchers, which seems a good deal. Whether that offer and your declining it affects any action you take on Loss of Bargain, I don't know.

giboning

Aylesbury_Duck wrote: »

You should investigate whether Loss of Bargain applies in this case. There are one or two posters much more clued up than me on it and whether it applies to your situation.

On the face of it, you're not only no worse off, you've been offered £50 in vouchers, which seems a good deal. Whether that offer and your declining it affects any action you take on Loss of Bargain, I don't know.

I would have accepted the vouchers if they covered the price difference to buy the phone again. At the time of buying, the phone was £409, now it costs £525, not to mention the added value of the free headphones.

Aylesbury_Duck

It sounds like you have exhausted their customer service process, unless you want to try escalating it with them.

You seem to have two choices then:

Accept their offer of a voucher, or....
Decline their offer of a voucher and sue them for loss of bargain.

giboning

Aylesbury_Duck wrote: »

It sounds like you have exhausted their customer service process, unless you want to try escalating it with them.

You seem to have two choices then:

Accept their offer of a voucher, or....
Decline their offer of a voucher and sue them for loss of bargain.

I read plenty of bad reviews of Samsung customer service. There are hundreds of them.
It's amazing how a company selling some top technology phones for one of the highest prices on the market ignore after sale customer services and customers satisfactory

Aylesbury_Duck

giboning wrote: »

I read plenty of bad reviews of Samsung customer service. There are hundreds of them.
It's amazing how a company selling some top technology phones for one of the highest prices on the market ignore after sale customer services and customers satisfactory

Why would you fight to obtain products from a company with such bad reviews and who won't look after you if those products go wrong.

I think you've answered your own question. Accept the voucher and walk away.

giboning

Aylesbury_Duck wrote: »

Why would you fight to obtain products from a company with such bad reviews and who won't look after you if those products go wrong.

I think you've answered your own question. Accept the voucher and walk away.

Because I like their phones, i'm using them for a very long time and this was a great price. To be fair, i have bought a phone directly from the manufacturer, also i never checked for samsung's customer services reviews until today as I wasn't expecting this kind of services.

I believe i have some grounds to claim under Loss of Bargain. Don't you think so?

giboning

Two lines from Samsung .com t&c:
How the contract is formed between you and us: 2. The contract between us (Contract) will only be formed upon the earlier of i) when we send you the Dispatch Confirmation or ii) delivery of the Product(s). The parties to the Contract are you and Samsung Electronics (UK) Limited....
Risk and title: 2. Ownership of the Product(s) will only pass to you on the later of either i) delivery or ii) when we receive full payment of all sums due in respect of the Products, including delivery charges.

What is the best way to go forward: send an email to Samsung's supervisor, try to escalate to his line manager and if no success, go to Small claims court?

Aylesbury_Duck

giboning wrote: »

Because I like their phones, i'm using them for a very long time and this was a great price. To be fair, i have bought a phone directly from the manufacturer, also i never checked for samsung's customer services reviews until today as I wasn't expecting this kind of services.

I believe i have some grounds to claim under Loss of Bargain. Don't you think so?

You're contradicting your own position. You've complained about their poor reviews and now that you know that their customer service isn't great (your judgement, I make no comment) I'm perplexed as to why you want to push the matter - you've had a lucky escape and a voucher for your trouble.

If you think you have grounds, send them a letter setting out what you want and if they don't comply, sue them for the difference in price.