Samsung Trade In - is it their responsibility for safe return of device

arthurfowler

So I have bought a new Samsung phone and am trading in my current phone for an intstant discount on the item via samsung.com (needs to be returned within 7 days). 

The entire process and promotion is run by Samsung. See this link - scroll down until you see 'trade in' and click 'Yes Please': https://www.samsung.com/uk/smartphones/galaxy-z-flip6/buy/

Anyway, I received my new phone and the leaflet in the box gives two options - a 'Free return' with a pre-printed label (insured only up to £100). Or it says you can arrange a return yourself for added insurance up to £750. My device is worth £390.

On the leaflet it also says that it is my responsibility for the device to arrive and takes no responsibility for damage in transit etc. 




Considering they are arranging the return, is the responsibility not with them to ensure that the item is not damaged in transit, lost etc? 

The actual full terms and conditions of trade-in are here:

https://images.samsung.com/is/content/samsung/assets/uk/trade-in/TRADE_IN_TERMS_ALL_PRODUCTS_SAMSUNG_SHOP_ONLINE_050723_250723.pdf

The only relevant TsCs I see are:

5.5 You will be provided with prepaid return packaging materials to allow for the safe provision of your Existing Device to us. Please ensure that you back up any photos, files and other data you have stored on the Existing Device, and remove the SIM card and any memory cards before providing the Existing Device to us. On receipt of the Existing Device, all data stored on it will be securely wiped. We are not able to recover any data stored on an Existing Device that has been provided to us.

I see nothing about the return being our responsibility if it is lost, damaged etc.

I would totally send this insured, but then it wouldn't have the pre-paid label (with my trade in references etc). Also, if something does go wrong, then the responsibility would be all mine and Samsung would charge me the £390 and take it from my card. I would then have to painfully claim through Royal Mail for any reimbursement. 

Final questions:

Is it Samsung's responsibility for the safe return of the item?

Would I be protected through my Credit Card if I used the Free return process and something went wrong (i.e. phone was lost and Samsung charged me)?

It's a lot of money to risk, so just want to ensure I do this right.

Sorry for the long post, wanted to ensure was all covered.

Alderbank

Consumer selling goods to a trader is not covered by any consumer rights legislation.

Samsung offer to provide packaging which will prevent physical damage (crushing etc.) of the phone while in transit. I don't think they can guarantee their packaging will prevent it from getting lost en route.

There is no contractual obligation on Samsung to give any part exchange against your new phone until they have actually received and examined your old one. That seems a reasonable contract term.

The S/H value of phones sent in part exchange will vary enormously from a few pounds to several hundred pounds. No point in paying high insurance on a ten-year-old Nokia. It seems quite reasonable that you know the approximate value of your current phone and send it in a cost-effective way and have options to do so.

arthurfowler

If that is the case though, how would you even seek recompense with royal mail? Samsung arrange the free delivery, and the contract is with royal mail and Samsung. Royal mail won't talk to you if something goes wrong. Only Samsung. 

The trade in us actually a promotional trade in when you buy the device. It's part of the sale of the phone.

If this were a standard case of me selling an item, then I would understand the responsibility is mine. But Samsung are arranging the return and saying if it is lost, it's nothing to do with them. That's odd. To me anyway. 

user1977

Then arrange the postage yourself.

arthurfowler

user1977 said:

Then arrange the postage yourself.

I am wanting to know who's responsibility it is, considering they are arranging the return and their tscs state they will provide the delivery process for the 'safe return'. It mentions nothing else in the tscs about this process.

This leaflet is after the fact. 

There are several reasons I don't want to arrange delivery myself. I don't want to be charged £390 if something goes wrong and then try for months to get compensation from RM.

If you don't know, that is fine. I want to know where I stand legally based on their promotion and their tscs. 

user1977

As already advised, there is no overriding principle that it's their responsibility, and if the bit you've quoted above is all they've said about it, then I wouldn't say that changes things - it's your responsibility, they've provided a way of getting free delivery if you want to use it.

lincroft1710

You are bound by the terms and conditions of the offer.


"Shipping your device to us is your responsibility" seems very self explanatory. There are no Consumer Rights as in the circumstances of this part of the transaction you are not a consumer, you are the seller as you are effectively selling your phone to them and it is a seller's responsibility to ensure the sold item reaches the buyer. 

You have 3 alternatives.

1. Do not trade in your old phone

2. Trade in your old phone, use the free service and be prepared to take the hit if something goes wrong

3. Trade in your old phone, use the paid for service and for the relatively paltry sum of £7.25 have the assurance that if something does go wrong, you should be reimbursed by RM.

TELLIT01

The requirements are spelled out pretty clearly.  It is the customer's responsibility to return the old device.

born_again

Anyway, I received my new phone and the leaflet in the box gives two options - a 'Free return' with a pre-printed label (insured only up to £100). Or it says you can arrange a return yourself for added insurance up to £750. My device is worth £390.

So for greater cover you are not using their "FREE" pre paid label.. Yes you are using their printed label. But you are paying for the return service. 
Seems very clear. Who pays for the service is responsible for sorting out, if it goes wrong.

arthurfowler

lincroft1710 said:

You are bound by the terms and conditions of the offer.


"Shipping your device to us is your responsibility" seems very self explanatory. There are no Consumer Rights as in the circumstances of this part of the transaction you are not a consumer, you are the seller as you are effectively selling your phone to them and it is a seller's responsibility to ensure the sold item reaches the buyer. 

You have 3 alternatives.

1. Do not trade in your old phone

2. Trade in your old phone, use the free service and be prepared to take the hit if something goes wrong

3. Trade in your old phone, use the paid for service and for the relatively paltry sum of £7.25 have the assurance that if something does go wrong, you should be reimbursed by RM.

I didn't see where it says shipping the device in my responsibility. Can you point me to that please, as I didn't see that.

Edit : that's in the leaflet, post purchase. Not in the tscs. 

arthurfowler

born_again said:

Anyway, I received my new phone and the leaflet in the box gives two options - a 'Free return' with a pre-printed label (insured only up to £100). Or it says you can arrange a return yourself for added insurance up to £750. My device is worth £390.

So for greater cover you are not using their "FREE" pre paid label.. Yes you are using their printed label. But you are paying for the return service. 
Seems very clear. Who pays for the service is responsible for sorting out, if it goes wrong.

Well quite. If I use Samsungs option, are they responsible? Therefore it doesn't matter about the insure amount.