Consumer rights against samsung uk

daxx2009

i have a high end oled tv, tv had to go into repair 3 months into 1 year warrenty, it had to have a brand new oled panel, 18 months later the tv has a new fault, a red stuck sub pixel, now i contact the repair company that fix my tv last time, i explaind whats gone wrong and the said it cant be fixed and needa new 2nd panel ie screen, now i have contacted samsung and complain under consumer rights act, i have to say the customer service is so bad, 5 times i was told someone will contact you within 48 hrs and they never botherd, i call them on the phone and get put through to repair dept, all they could offer was 15% voucher off a new tv or a paid repiar, he said i need to get in touch with samsung uk retail, i did that and going around and around in circles, i even contact the ceo dept and complain and they never botherd getting back to me, 

Under the Consumer Rights Act 2015, goods must be of satisfactory quality, durable, and last a reasonable length of time. As this is a premium OLED television, I do not believe it has met the standard of durability that a reasonable consumer would expect, particularly considering the panel has already failed once within a relatively short period.

thats the road im trying to go down.

but i feel like im hitting walls all the time, always speaking to someone in a call center on other side of the world, they dont understand uk law 

any advice please 

eskbanker

daxx2009 said:

now i have contacted samsung and complain under consumer rights act

[...]

he said i need to get in touch with samsung uk retail

Just to be clear, did you purchase from Samsung UK Retail?  Your statutory consumer rights are with the retailer, not the manufacturer.

dnpark38

What does your selling dealer say?
Most dealers give 6 or 5 years extended warranty

daxx2009

so yes the tv was briught from samsung uk website, it came with only a 1 year warrenty, i was told 5 but it was only 1 year 

eskbanker

daxx2009 said:

so yes the tv was briught from samsung uk website, it came with only a 1 year warrenty, i was told 5 but it was only 1 year 

Warranties are a different issue from statutory rights under CRA, so that timescale doesn't affect the latter.

However, to make a successful durability claim after this time, the onus is on you to prove that a fault is one that would have been present at the time of sale, even if latent, e.g. a manufacturing flaw or the like, rather than user damage or similar, and this would typically take the form of getting it inspected by an independent technician who'd be prepared to commit their findings in writing.

screech_78

So, you can now exercise your final right to reject upon proof of a manufacturing fault. Bear in mind that you’re not entitled to a full refund, instead this will be reduced to account for usage. 

daxx2009

screech_78 said:

So, you can now exercise your final right to reject upon proof of a manufacturing fault. Bear in mind that you’re not entitled to a full refund, instead this will be reduced to account for usage. 

would a like for like replacement be something i could go after, i dont want to do a 2nd repair as its been repaird once, the cost of the repair is £1100, its a £2500 tv 

screech_78

daxx2009 said:

screech_78 said:

So, you can now exercise your final right to reject upon proof of a manufacturing fault. Bear in mind that you’re not entitled to a full refund, instead this will be reduced to account for usage. 

would a like for like replacement be something i could go after, i dont want to do a 2nd repair as its been repaird once, the cost of the repair is £1100, its a £2500 tv 

If the seller agreed to a replacement, then yes but you can’t insist on it. Your rights after one failed repair or replacement are to reject for a (partial) refund. 

Assuming you’ve owned the tv for around 21 months? You’d be looking at just over £700 deducted. 

daxx2009

so its had 1 screen repalcement under warrenty, and now it needs a 2nd one, this is due to a sub pixel defect that can not be fixed

apprciate your advice

daxx2009

the worst part is it i was to get a partial refund would that be money on my bank or a credit note, knowing what i have been through i would never want to deal direct with samsung or buy from them aagin 

Ayr_Rage

Most companies have a policy regarding pixel failures and the number that are considered acceptable.

What does Samsung say in their documentation?