Samsung TV delivered Faulty and refusal to allow return

frugalbyname

We recently brought a TV for our son's bedroom direct from Samsung, and upon opening the box noticed the tv was cracked. Samsung are refusing to accept a return, claiming it should of been reported within 14 days of receipt.  We didn't do this as it was a BDAY present brought before xmas, so it was put out of the away without opening. No damage to box so had no reason to check.

Essentially stuck with a costly repair or buying a TV. Wanting to know what rights there are out there as seems crazy they can just refuse to accept any responsibly as its more than 14 days from receipt (28 days).

Any help or advice greatly appreciated. 

Ergates

A change of mind return (i.e. where you decide you just don't want the item) done under the Consume Contract Regulations, should be done within 14 days of receipt. 

However, this isn't what you're doing - you're reporting the item as faulty - which is covered by the Consumer Rights Act, and certainly *isn't* limited to 14 days.  Within the first 6 months (which you easily are), the default assumption is that any faults were present upon delivery and the retailer has to prove otherwise.

Contact Samsung and make it clear - you're not returning it because you don't want it any more, you're telling them the item is faulty and asking for resolution under the Consumer Rights Act 2015.  They can repair or replace the item or, if they find it too costly to do either of those, refund you.

It's possible the confusion happened because this isn't really a "return", so might be a different process or form to fill in or whatever.

frugalbyname

Ergates said:

A change of mind return (i.e. where you decide you just don't want the item) done under the Consume Contract Regulations, should be done within 14 days of receipt. 

However, this isn't what you're doing - you're reporting the item as faulty - which is covered by the Consumer Rights Act, and certainly *isn't* limited to 14 days.  Within the first 6 months (which you easily are), the default assumption is that any faults were present upon delivery and the retailer has to prove otherwise.

Contact Samsung and make it clear - you're not returning it because you don't want it any more, you're telling them the item is faulty and asking for resolution under the Consumer Rights Act 2015.  They can repair or replace the item or, if they find it too costly to do either of those, refund you.

It's possible the confusion happened because this isn't really a "return", so might be a different process or form to fill in or whatever.

Thank you very much

Okell

As per @Ergates

You can back your argument up with the Consumer Rights Act 2015

s29 (Passing of Risk) makes it clear that the seller is responsible for the item up to the time it is delivered into your physical possession. 

Under s22 then up to 30 days after delivery you can exercise the short term right to reject for a full refund.  so long as you informed Samsung within 30 days of the damage you should be OK, but if you are still within 30 days tell them you are exercising your short term right under the above legislation

If after 30 days, Samsung must repair or replace.

If Samsung say you damaged it, they must prove that you did so.

m0bov

How did you pay for the item?

TELLIT01

If the supplier states that damage must be reported within 'x' days of delivery is that legal and enforceable?

Okell

TELLIT01 said:

If the supplier states that damage must be reported within 'x' days of delivery is that legal and enforceable?

I'd say it isn't enforceable against a consumer as it's an attempt by the seller to limit or exclude their liability, which is not permitted under s31 of the Consumer Rights Act 2015

Whether it's "illegal" would depend on whether it could be considered a prohibited practice under the protection from unfair trading regulations (or whatever they're called...)