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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46130
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Bought a brand new Samsung S5, had problems straight out of

Resolved Question:

Bought a brand new Samsung S5, had problems straight out of the box. Samsung refused to replace it and insisted I send it to Anovo for repair. Being disabled I need a phone with me, I explained this but to no avail.
I bought another phone and sent the S5 off, it came back with the same fault. I rang and Samsung said to send it in again, this I did and it came back with the same fault and the scratchproof protector removed.
Talked to a complaints manager from Anovo who ended up putting the phone down on me.
How can i get Samsung to replace the phone?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Who did you buy the phone from - was it a Samsung store?

Customer:

No it was an upgrade from O2 for a friend who I then bought it off. It came in the box with the seal still on and is outside the 30 day return to O2 as Samsung have confirmed

Ben Jones :

ok so it as your friend who actually got the upgrade?

Customer:

yes

Ben Jones :

Did it have a guarantee when it came?

Customer:

30 days from o2 then 1 year manufacturer

Ben Jones :

There would be separate legal rights against the seller and the manufacturer in this case. The seller would be responsible for ensuring the item is as described, fit for purpose and of satisfactory quality and the manufacturer would only be limited to providing assistance under any warranty they have offered.


 


However, as you were not the original buyer, you do not have any rights against the seller and they are the only ones you can ask for a refund or a replacement. The manufacturer would only be bound by the terms of the warranty and unless there was something specific in there which said they would provide a replacement you would not be able to request one and would have to do with a repair instead. You could ask them for a replacement phone whilst the repairs are being carried out but they have no legal obligation to provide you with a permanent replacement – this right only exists against the seller and as mentioned that would have to be something which the original buyer requests, also assuming he has rejected it within a reasonable time, usually a month after purchase.


 

Customer:

it was purchased on the 23/4/2014

Ben Jones :

2 months may be a bit too late to reject it and ask for a refund, but the seller can still be expected to offer a repair or replacement. Sadly that does not change your position much because you get similar rights from the manufacturer and they could still decide to repair it instead of replacing it

Customer:

Ok, looks like i am £350 down and £10 that Anovo have taken by destroying the Screen Protector

Ben Jones :


well if the repair does not work you can still ask for a replacement, although it would have to be your friend that does that from O2, rather than you as he is the original buyer


 



Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Yes thats fine

Ben Jones :

thank you, ***** ***** best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46130
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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