Samsung ignore consumer rights

Jenkins86

caprikid1 said:

This is clearly impact damage, most likely the screen was picked up in the top corner by your husband when fitting it. I work in IT and have seen it many many times, that is unlikely to be a delivery damage the box would have been trashed that's been picked up in the corner.

No retailer is going to replace that except under insurance, that is very Clear damage and almost 100% handling damage after unpacking. Seen it many many times.

Claim on house insurance if you have accidental damage.

No consumer rights covers damage of this nature.

I appreciate the comment but the TV arrived like this and whilst you might have seen many instances of this, it can’t always be the case as this TV 100% arrived damaged. It looks perfect but it isn’t. For all I know someone has returned it after damaging it and it’s just been sent back out with no checks done. There has to be a way it has happened as we didn’t damage it. 

Jenkins86

Keep_pedalling said:

It is possible that the damage occurred prior to receiving the TV, however as it is over 6 months since you purchased it (Assuming you purchased around March 30th) it is down to you to prove the fault was inherent, which with impact damage is impossible to do. 

I notified them in July - that’s how long this has been going on. They take weeks to reply 

born_again

Ayr_Rage said:

@Grumpy_chap the OP stated

"As my mother was having the room redecorated we knew it would be a good few weeks before we actually needed to put the TV up but we weren’t idiots (or so we thought) we inspected the tv, made sure there was no damage before tucking it away on the corner of the dining room"

Therefore we must assume, as they aren't idiots, there was no damage to the packaging or any visible mark on the screen at that time.

What they didn't do was turn it on to check it worked.

Was it tucked away in the corner back in the box packaged as it was sent out?

PHK

This is definitely accidental damage from the outside .

I should also point out that the quote above about consumer rights in the first six months is incorrectly paraphrased. 

Within the first six months  a fault is assumed to have been present at the point of sale, unless the retailer can show otherwise. In this case there is damage rather than a fault.

It's easy for them to prove that TV screens are on and tested (for overscan etc), then packaged. As the packaging is intact then the likelihood is this was caused after delivery. 

Aylesbury_Duck

Ultimately you could threaten court action, but if they stand fast, you'd have to hope the court considered that the TV was probably already damaged at purchase.   Samsung would contend it more likely to have been damaged by you.  Who knows how it would end up.

I'd weigh the time, effort and cost of a potential court case against a claim on your contents insurance if you have accidental damage cover.  The excess and any modest premium increase might be better than a lost court fee.

The letter before action might prompt a different response from Samsung, in which case you would have only incurred the cost of a stamp.

Jenkins86

born_again said:

Ayr_Rage said:

@Grumpy_chap the OP stated

"As my mother was having the room redecorated we knew it would be a good few weeks before we actually needed to put the TV up but we weren’t idiots (or so we thought) we inspected the tv, made sure there was no damage before tucking it away on the corner of the dining room"

Therefore we must assume, as they aren't idiots, there was no damage to the packaging or any visible mark on the screen at that time.

What they didn't do was turn it on to check it worked.

Was it tucked away in the corner back in the box packaged as it was sent out?

Yes, in the box with all the packaging on it. My mother has no pets so it wasn’t knocked over. Just literally sat in her dining room 

Jenkins86

PHK said:

This is definitely accidental damage from the outside .

I should also point out that the quote above about consumer rights in the first six months is incorrectly paraphrased. 

Within the first six months  a fault is assumed to have been present at the point of sale, unless the retailer can show otherwise. In this case there is damage rather than a fault.

It's easy for them to prove that TV screens are on and tested (for overscan etc), then packaged. As the packaging is intact then the likelihood is this was caused after delivery. 

Just to clarify under the Consumer Rights Act 2015, for the first 6 months after delivery, the burden of proof lies with the retailer, not the consumer —whether it’s a fault or damage.

Section 19(14) says: “It is to be taken that the goods did not conform at the time of delivery, unless the trader can prove otherwise.”

The idea that damage is automatically treated differently isn’t supported in the legislation to my knowledge (but I am on here asking because I’m not an expert). If Samsung want to argue the damage occurred after delivery, they must prove that — not just assume it. I haven’t been sent any evidence, despite asking for it. 

In my case, the TV was checked visually at delivery and the issue was only discovered when the TV was switched on after painting work. Of course I’m kicking myself that we didn’t switch it on at delivery. I was there when my husband put it up but I won’t lie and say I watched his every move because why would I. All I can confirm is that he is very careful by nature and has put up several TV’s without issue. 

My concern is, was the TV returned previously after someone else damaged it and then sent out to us. The poor communication with Samsung doesn’t help me establish these facts unfortunately but I don’t believe that they are not meeting their legal obligation under the Act. 

Jenkins86

caprikid1 said:

You can see from the cracking and the spidering of the other cracks that this is highly likely a thumb press. If you look carefully you can see the edge of the screen surround in the full picture, its in the corner.

Couldn’t someone have sent it back like this? And then it got sent out to us? Do you happen to know if there is any process to rule that out? 

sheramber

Why did you not wait until the room was decorated and the tv could be  used right away?

There is always a riskthat the seller will be difficult if you buy ealry and store an item and then claim it is damaged as there  scope for it be dmaged during that time.

You took it out of the box to check it and put it back in. The damage could have happened when it was being handled in and out of the box.
 

Jenkins86

Ayr_Rage said:

I wouldn't say this is by any means the norm with Samsung.

You should've checked it was working when you received it.

It may have been knocked whilst tucked away in the corner of the room.

It may have been pressed when lifting it to install despite your assertions that it wasn't.

It appears to be accidental damage somewhere along the line and not an inherent manufacturing fault that has appeared in the first 6 months.

I would say a claim on your home insurance is the way forward if you have cover unless Samsung do a miraculous 180.

There is an "Email CEO" option on their website under Support.

If you read the forums this is absolutely the norm for Samsung. There are multiple examples of the exact same thing happening. It wasn’t knocked, it was still on full packaging. The email CEO option is the one I’ve used, it’s sadly also the one that has countless examples of poor service