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

Alderbank

arthurfowler said:

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. 

Where did you look?

The most likely place to see it would surely be Samsung's trade-in terms all products Samsung shop on-line?

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

If you decide to take part in the Trade In Programme, you must provide your Existing Device to us. 
terms and conditions will apply. 
Your participation in the Trade In Programme is subject to you providing the Existing Device to us within 7 days of receiving your New Device.
Should you fail to provide the Existing Device to us, please note that the consequences set out in clause 6 of these of these terms and conditions will apply. 

6. CONSEQUENCES OF NOT TRADING IN YOUR EXISTING DEVICE
You should ensure that the Existing Device is provided to us within 7 days of receiving your New Device. If you do not send your Existing Device within this timeframe, then unless you return your New Device, Samsung will, after 14 days have elapsed after delivery of your New Device, deduct a sum equal to the discount you receive for trading in your Existing Device from your payment card. 

These are the published T&Cs consumers must agree to as a condition of taking part in the Trade In programme.

For clarity I have highlighted the party responsible for providing your existing device to the promoter (hint - it's not Samsung).

arthurfowler

Alderbank said:

arthurfowler said:

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. 

Where did you look?

The most likely place to see it would surely be Samsung's trade-in terms all products Samsung shop on-line?

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

If you decide to take part in the Trade In Programme, you must provide your Existing Device to us. 
terms and conditions will apply. 
Your participation in the Trade In Programme is subject to you providing the Existing Device to us within 7 days of receiving your New Device.
Should you fail to provide the Existing Device to us, please note that the consequences set out in clause 6 of these of these terms and conditions will apply. 

6. CONSEQUENCES OF NOT TRADING IN YOUR EXISTING DEVICE
You should ensure that the Existing Device is provided to us within 7 days of receiving your New Device. If you do not send your Existing Device within this timeframe, then unless you return your New Device, Samsung will, after 14 days have elapsed after delivery of your New Device, deduct a sum equal to the discount you receive for trading in your Existing Device from your payment card. 

These are the published T&Cs consumers must agree to as a condition of taking part in the Trade In programme.

For clarity I have highlighted the party responsible for providing your existing device to the promoter (hint - it's not Samsung).

I don't see how that disqualifies anything I have said. I am sending the device back, but they are arranging the return and they have said they are arranging the delivery within their terms. 

There is no denying that 'i' will return. It's who is responsible if something goes wrong with their own arrangement for return. 

arthurfowler

TELLIT01 said:

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

It is the customer's responsibility to return a faulty item to get a refund too. However once the retailer arranges a return with a delivery partner and you hand over that faulty item to the delivery partner, it is between the retailer and the delivery partner to sort any issues that arise. That is where the contract is held. 

lincroft1710

arthurfowler said:

TELLIT01 said:

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

It is the customer's responsibility to return a faulty item to get a refund too. However once the retailer arranges a return with a delivery partner and you hand over that faulty item to the delivery partner, it is between the retailer and the delivery partner to sort any issues that arise. That is where the contract is held. 

But you are not "returning a faulty product", you are sending an item which you have sold to Samsung, therefore the onus is on you to ensure it reaches its destination

Alderbank

If you choose to take up Samsung's trade-in offer you must agree to all the T&Cs. You can't just pick and choose those you like.

They have an alternative scheme running - you get a straight £70 discount with no trade-in. You can keep your existing phone, give it away, sell it over the counter at Cex, etc. Up to you.

With your appetite for risk, that might suit you better?

Grumpy_chap

I think it has got to be the case that the return of the item and the state of the item when received (or not received if lost in transit) by Samsung has to be entirely the sender's responsibility.

Samsung do not want your second hand phone.  The value to them is that they can either refurb the device and resell, or scrap and recycle so one phone removed from circulation which creates a demand for one brand new phone at some price point.

In this type of thing, you buy a new phone and you describe the condition of your old phone and a trade-in value is agreed.  If your old phone is not at the condition described, the trade-in value can be reduced.  Until the phone is received, Samsung do not know what the condition of your old phone is - they only have your word for it that the phone is "A1" condition.  If Samsung actually receive a phone that is a pile of broken pieces, Samsung have no way of knowing whether you shipped a phone that was a pile of broken pieces or the phone got damaged in transit.

I think the liability has to, therefore, sit with the sender.

arthurfowler

Alderbank said:

If you choose to take up Samsung's trade-in offer you must agree to all the T&Cs. You can't just pick and choose those you like.

They have an alternative scheme running - you get a straight £70 discount with no trade-in. You can keep your existing phone, give it away, sell it over the counter at Cex, etc. Up to you.

With your appetite for risk, that might suit you better?

There is absolutely nothing in the tscs which I am not agreeing to. And you obviously are not reading the tscs, which is why you have come to the conclusion I have not read them. 

With your appetite for posting sneering comments, maybe don't bother next time. 

arthurfowler

lincroft1710 said:

arthurfowler said:

TELLIT01 said:

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

It is the customer's responsibility to return a faulty item to get a refund too. However once the retailer arranges a return with a delivery partner and you hand over that faulty item to the delivery partner, it is between the retailer and the delivery partner to sort any issues that arise. That is where the contract is held. 

But you are not "returning a faulty product", you are sending an item which you have sold to Samsung, therefore the onus is on you to ensure it reaches its destination

The onus is on me to send them the item.  Everything in their literature says they will arrange the return. Even an email today, they give clear instructions to use the service they are giving:

Put your old device in the pre-paid Trade In Postal Pack you received, and either take to a Royal Mail drop-off point, or schedule a collection from your home, using your tracking code xxxxxxxxxB. Please send us your Trade In device by 28/07/2024.

Nowhere have they given another option apart from the leaflet in the box post purchase. 

lincroft1710

Well you have 7 days to make up your mind then.


Either take advantage of their trade-in offer and accept that if your old phone does not arrive or arrives damaged, you will have to convince Samsung that it is their responsibility Or sell your old phone privately.

powerful_Rogue

It's been like this for donkeys years. I've always paid the extra £7 every year I upgrade.