Samsung smart tv ,solar remote problem

I have just bought a Samsung tv complete with a solar remote which can use the built in  Alexa to control the tv . Although the remote is working it does not seem to like the Alexa , it will work once and then I think she goes off for a power nap and unable to use for at least 10minutes !. 
My friend has the exact same issue on the exact same model also under one week old . Contacted the retailer after trying numerous ways to get in touch with Samsung and was told my 5 year guarantee does not cover this issue as it is a software issue and in very small print on guarantee . 
Is this right ? Am unsure of any consumer rights regarding this so would be grateful for any advise before I go into the store tomorrow , (this was bought online ).

Comments

  • mikb
    mikb Posts: 538
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    "my 5 year guarantee does not cover this issue as it is a software issue"

    Then you need to go back to the retailer again, and explain that your new purchase is defective and would like to give them their one opportunity to fix the defective item, or refund you in full.

    Don't get side-tracked into warranties and guarantees or talking to Samsung. Consumer rights, against the retailer ... that way they can't use "oh, software? That's not covered by consumer law!"
  • Okell
    Okell Posts: 607
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    edited 23 October 2023 at 7:39PM
    Forget any 5 year guarantee.  You (and your friend) are exercising your statutory consumer rights.

    So long as you are within 30 days of purchase and the TV is not working properly then you are entitled to exercise your short-term right to reject under s20 and s22 of the Consumer Rights Act 2015 (legislation.gov.uk)

    That entitles you to a full refund from the seller if you want one.

    If you'd prefer the seller to repair or replace it you can ask for that to be done, and the 30 days is "paused" while you wait for the seller to do that.  The 30 day clock for the short term right to reject starts ticking again when you get the repaired item or a replacement back, so if it still doesn't work you can still reject for a full refund.  (It's a little bit more complicated than that but that's basically it.  See s22(6), (7) and (8) of the legislation for the actual wording of the relevant bit of law)

    Whether it's a software issue or not is irrelevant if it isn't working as it should be.

    (NB - I've only dealt with your short-term right to reject as you say you purchased the TV just a week ago.  If it was more that 30 days ago you have other rights as well)
  • Thanks to you both for the information , I feel much better equipped to deal with this now ,again Many thanks .
  • Okell
    Okell Posts: 607
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    Okell said:

    ... (NB - I've only dealt with your short-term right to reject as you say you purchased the TV just a week ago.  If it was more that 30 days ago you have other rights as well)
    @annie_cardiff -  if you do opt for a repair or replacement and that fails after the 30 day short-term rejection period has expired, you still have rights.

    If the repaired or replacement TV fails again within 6 months of purchase, you can get a full refund.  After 6 months the seller can deduct from your refund an amount to reflect how much use you've had from it.

    Personally - if your TV and your friend's TV have both demonstrated the same fault during the first week after purchase, I'd just exercise my short-term right to reject for a full refund
  • mikb
    mikb Posts: 538
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    ... and if Samsung/retailer don't sort it out you can use your long-term "right to reject dealing with them both" in future ;)
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