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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77858
Experience:  Qualified Solicitor
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I bought phone S22 512 Samsung from the shop in Leicester. I

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I bought phone S22 512 Samsung from the shop in Leicester. I found out the phone cannot be connected to my smart Sony Tv. Obviously it is compatibility issue which is not described in the phone technical description. The shop refused to return the phone and give money back. The reason was that phone is not fallty. When i ask about customer satisfaction rigth, i was told that Samsung have their own policies for returning. Is that legal?
JA: The Lawyer can help you determine if that's legal. Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: That ia the all breaf story. Can you help

Hello, I'm an adviser with JA and I will try to help you.

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Hello.

Customer: replied 13 days ago.
Hi

The phone was bought in a shop, therefore the specific consumer protection rules for "remote" purchases are not applicable.

The return/refund policy is that applicable to the purchase based on the relevant T&Cs.

The compatibility issue is with a TV from another manufacturer.

If the phone were not compatible with a TV from the same manufacturer (Samsung), it could be reasonable to say that the customer should have been made aware, before the purchase, of possible compatibility issues, but, since the issue is with a Sony TV, it would be reasonable to say that it should have been the customer to ask, with specific regard to that TV set, if there could be issues. And this, because the seller can't obviously know what kind of use of the device the customer is going to do nor what kind of TV the customer owns.

If there is any "customer satisfaction policy", you should ask the shop to provide you with a copy or the link.

If there is any such policy, and the return/refund is not contemplated, you may try - if the phone has not been used at all and you still have the original packaging - to submit a complaint to Samsung (on their website or by contacting their Customer Service) explaining that you were not advised by the shop about any compatibility issue and that you bought the phone presuming that you could use it with whatever TV from premium manufacturers (like Sony certainly is) and that not being able to use the phone with the TV significantly reduces your enjoyment of the device, asking therefore for a replacement with a compatible model (and I suggest that you say you would be available to pay the difference in price, if any, if they are willing to consider the replacement).

You may of course try also to claim a refund (returning the phone), but I'm not sure you would find availability on their side.

I hope this information is helpful and I wish you the best.

Please do not hesitate to contact JA again if you need help and you may ask to speak with me directly if you wish.

Regards.

Hi when did you buy the phone?
Customer: replied 13 days ago.
4 days ago

Was the com[atibuility between your phone and the TV or the brand mentioned as something that is possible?

Customer: replied 13 days ago.
No, it is not mentioned in the description of the phone
Customer: replied 13 days ago.
Is thre in the Uk Mandatory low for customer satisfaction, which has to be mandatory for each retailer

Thank you very much for clarifying. The way this would have to be viewed is that unless you were specifically told that it is compatible you have to assume that it is not. As there are hundreds of different devices available, once cannot expect the phone to be compatible with each one of them and there will always be some compatibility issues. So unless you were specifically told that the devices WILL be compatible, you have to assume that they may not be.

If you buy an item in-store, you have no legal right to cancel and ask for a refund. Had it been an online purchase you would have had 14 days to do so but that does not apply to in-store purchases.

The only right to a refund is if the phone was faulty or not as described. The issue is that if you were not specifically told that it is compatible, you cannot say that it was not as described as they never gave you such promises.

I fully appreciate that this may not be the answer you were hoping for, however it is the legal position. Should you need any further clarification, I will be more than happy to discuss things further with you. Thank you

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The last question, out of context, can you, please, tell me how i can unsubscribe from your website. I have paid for a week, but i had enough and want to cancel subscribtion before they started to take 50 pound every month. Please, help me

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Customer: replied 13 days ago.
When we bay the phone in the shop we clearly ask is it compatible with smart sony tv, and answer was clearly yes. But now, they denying that. How can we prove it

The problem is that you can’t as it is your word against theirs so unless you recorded it in some way you cannot prove it, especially if they deny they ever said it.

Customer: replied 13 days ago.
We try to connected, using any option available. We whent back to store to inform them concerning is not possible. Thay give us phone number for support. We called to support, they ask us what we have done ahd they have concluded connection is not possible. They have sent us back to the store to return the phone. We went to the store again, they tested phone connecting it to samsung tv. We make a point that testing doesn't match our enquiry. Our enquiry is about not considering to sony tv. Engineers stated they do not have sony tv in the store, but phone is working ahd they can't refund it. He was not competent to say what was the reason. Staff in the store where also not competent way it is happening. A mede several phone calls to samsung suppotr and only one person knows the reaso saying that is compatibility issue.

In the end it will still only come down to proving that you were told it is compatible with a Sony TV because that is the only way you can challenge the purchase to ask for a refund.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77858
Experience: Qualified Solicitor
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