Help with Samsung - delivery/collection issue

Heathrow2020

Hi folks

Please can you assist with a problem I am having with Samsung.

Purchased a product (TV) that Samsung failed to install/set-up twice.

I agreed a replacement but Samsung later said the model had been discontinued so the only option was a refund.

Panther (delivery company appointed by Samsung) has failed to collect the product on 5 separate occasions.

Samsung will not refund until the product is returned but that means taking another day off work (cannot WFH) + Panther can still fail to collect.  Annoyingly they only give you a 2-hour window for collection (which is not guaranteed) on the morning of collection.

Yesterday, I offered to arrange shipment with a removal company at a time that was convenient to me if Samsung will pay for the shipping rather than rely on Panther but they will only agree to Panther collecting.

This has been ongoing for 4 months.

Can someone advise what the best course of action is in this situation?

Thanks in advance

Okell

If Samsung have already agreed to pay you a refund you could try quoting s20(15) of the Consumer Rights Act 2015 (legislation.gov.uk) to them:

"(15)  A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund."

It might not be strictly applicable to your situation - they might be able to argue that they aren't paying you a refund under s20 so that (15) doesn't apply - but I see no harm in trying

Ergates

Even if they agreed to let you arrange delivery, this would shift a lot of risk onto you - as you would then be responsible for the item until it arrived back with Samsung.  So, if the courier's lost or broke it, you'd be liable, and would then have to attempt to recoup your losses from the courier (and good luck with that!).

Did you purchase the TV directly from Samsung, or from a retailer?  If the latter, then your consumer rights are against the retailer, not Samsung and you should contact them.

Moreover - the CRA states:  "A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund"

They cannot say "no refund until we get the goods back" IF getting the goods back takes more than 14 days.  What they have to do is refund you within 14 days, and then if you've lost of damaged the item (i.e. they can't get it back due to your action) then they pursue you for the loss.

HOWEVER:  Those rights are against the retailer NOT the manufacturer UNLESS you bought direct from the manufacturer (because then they'd be the retailer too).

Heathrow2020

Thanks both - this is helpful

Ergates - purchased directly from Samsung