Faulty soundbar, return transit damage question

GibsonSt19

Hello all, I have a Samsung HW-N850 soundbar, purchased from a retailer on eBay. It was purchased on 26th June of this year and has worked brilliantly until 2 weeks ago.

Sound drops entirely from the TV (connected to the soundbar via ARC to ARC), along with both devices attached to the soundbar directly by HDMI. The soundbar also becomes unresponsive to the remote once this has happened.

A factory reset sorts the issue, but only last between a couple of hours to a couple of day before the problem reoccurs.

I've raised the issue with the retailer and they've (finally) offered to have their engineers inspect the soundbar.

Here's their offer, which all sounds great, apart from the last bit which would suggest that if the device was damaged in return transit, it would be returned to me in repaired. This doesn't sound quite right, and I assume that once the soundbar's been signed over to them, they'd be responsible for delivering an undamaged and fully operational soundbar to me.

https://drive.google.com/file/d/19ZvsnSWrXi-DYIXsbAWc7h-Gl3f_kpk2/view?usp=drivesdk

What do you think?

bris

Ah just read it again, if it's fixed and returned but damaged in transit you would think that they would have claim with their courier.

As your consumer rights are with the retailer you bought it from and they are the Ebay seller then they are responsible to get it back to you working.

GibsonSt19

Thank you.

I'd be using the very same packaging, to return the soundbar, that it was delivered in, but my concern is that if it's damaged in transit back to them (using the courier the retailed would be organising), if it was damaged in transit the retailer's message would seem to suggest that liability would be mine, and that they would simply return the unrepaired (and damaged) soundbar to me.

It's this that doesn't seem quite right. I understand that any sort of damage is highly unlikely, but I don't see how (providing the soundbar's returned in its original packaging) any damage in transit would be my liability.

[Deleted User]

Just make sure the item is securely packed. Take photographs of the item and packaging if you want evidence of how it left you.

Aside from that, why be suspicious of such terms and conditions? They just want to ensure any items returned to them are properly cared for. If they do claim the item has been returned to them damaged, then their courier would be liable as long as the item has been returned in a suitable manner.

GibsonSt19

Moneyineptitude wrote: »

Just make sure the item is securely packed. Take photographs of the item and packaging if you want evidence of how it left you.

Aside from that, why be suspicious of such terms and conditions? They just want to ensure any items returned to them are properly cared for. If they do claim the item has been returned to them damaged, then their courier would be liable as long as the item has been returned in a suitable manner.

Yes, I absolutely agree, it's just the fact they're stating that I'd be liable for any transit damage (i.e. they'd simply return the soundbar to me unrepaired), not their courier (even if the item's packed well).

Thats why I'm suspicious.

DoaM

Consumer Rights Act 2015 applies. Within 6 months from purchase, any fault is assumed to be inherent and the seller must prove otherwise. If the seller cannot do so (or accepts that there is a fault) then the seller must provide a remedy - repair, replace or refund (in full since it's less than 6 months). The seller is liable for all costs in providing the remedy.

If the seller is providing the courier service to return the goods then the seller takes on liability for them - provided you can prove that they were packaged adequately. (Using the same packaging as delivery should be adequate).

tl;dr ... that term is unenforceable.

bris

GibsonSt19 wrote: »

Thank you.

I'd be using the very same packaging, to return the soundbar, that it was delivered in, but my concern is that if it's damaged in transit back to them

Ah the way I read your first post was that if it was returned fixed but damaged back to you they wouldn't be liable, but they wold.


Now it's if it was damaged in transit getting to them. This is a different story, if they receive a damaged soundbar then they won't be liable, your courier will, though what's a faulty soundbar worth.


You have to see it from their POV, how do they know it's a genuine fault or you pulling a fast one sending back a physically damaged soundbar? Experience has probably taught them this lesson.

shaun_from_Africa

bris wrote: »

Now it's if it was damaged in transit getting to them. This is a different story, if they receive a damaged soundbar then they won't be liable, your courier will, though what's a faulty soundbar worth.

But it's not the OP's courier.
The retailer will be organising the courier so if any damage occurs, it's them that will be liable for sosting it out and either refunding the OP or arranging for a replacement unit.

GibsonSt19

shaun_from_Africa wrote: »

But it's not the OP's courier.
The retailer will be organising the courier so if any damage occurs, it's them that will be liable for sosting it out and either refunding the OP or arranging for a replacement unit.

That's my question I guess. Does the retailer arranging their own courier have any bearing on liability for damage in transit. I'm not sure.

[Deleted User]

GibsonSt19 wrote: »

Does the retailer arranging their own courier have any bearing on liability for damage in transit. I'm not sure.

I think this is one of those times when you should simply cross that bridge only if you come to it.


Take photographs of the item prior to despatch.
Securely package the item.
Send it to them.
Stop stressing over a situation which may never occur.

GibsonSt19

Moneyineptitude wrote: »

I think this is one of those times when you should simply cross that bridge only if you come to it.


Take photographs of the item prior to despatch.
Securely package the item.
Send it to them.
Stop stressing over a situation which may never occur.

You're right, of course. It might never happen!