Mobile phone help

Jalcorn · 17 June 2024 at 7:06PM

Hello all,
I would like to know my rights with the following. I will give a brief overview.

My Samsung device developed a fault. It is less than 6 months old and the second time it has been back because of a faults. I went through Samsung's website which advised to take it to an EE repair centre. I booked it in through the website. I took the device and after 8 days, I was told that the fault could not be repaired. EE were waiting for Samsung to either replace the whole inside or authorise a repl;acement. I was told either way it would be a brand new device. 11days later I was told the device was ready for collection.

I collected the device which was a replaced device. It was in an EE box and the security seals were open. I asked if it was new to which I was told that EE's policy was to replace witha refurbished device. With this being Samsung they didn't know the policy and I had to contact Samsung. On getting home and looking at the device it was clearly not a new device with chips taken out of the casing. The device I took in was in near perfect condition.

I immediately informed Samsung who said it was not their issue as it was repaied through EE. EE says it is Samsung as they gave authorisation and they are a repair centre for Samsung. I'm not happy at leaving a near perfect device and being given a substandard device.

Who do I believe?
Who is liable?
What do I do to get the phone replaced with one that isn't as damaged?
Am I covered under any consuler rights?

Thanks for reading and any advice.

Aylesbury_Duck · 17 June 2024 at 7:51PM

This sounds like a warranty matter, and having started a warranty repair/replacement process, I don't think you can unwind things to exercise your consumer rights because you no longer have the original phone.

Who is liable? Unknown to us, because we don't have your warranty paperwork. You'll need to dig that out, work out who's providing the service you've had so far, and determine if they've complied with the warranty terms. If the terms say a brand new replacement will be issued in these circumstances, then you have grounds to complain and ask for that. If they say a refurbished handset will be provided, they've complied with the warranty terms.