Carphone Warehouse

manna452121

Went to my local shop at the Jetland to explain a problem I was having with a Samsung Tablet,I was informed by the staff that any work under warranty had to be sent direct to Samsung in UK and I had to make the call.On getting home I contacted CPW help line and they said the same,no warranty done thru store.I contacted samsung and they said that they will send me a box which I can return my tablet to their repair centre.This to me seems crazy for something that is covered by warranty.I also called to a local 3G shop but the would carry out any warranty work in store and deal with Samsung themselves.

Melion

A lot of companies are the same. The issue you have is with Samsung, not carphone warehouse. Apple are the same with all of their products

Kess73

Melion wrote: »

A lot of companies are the same. The issue you have is with Samsung, not carphone warehouse. Apple are the same with all of their products

Not totally true. The responsibility lies with the vendor that sold the product, and as such the onus is not on the customer to get the item sent back to Samsung for repair/replacement but with the actual vendor.


Many companies try to tell customers that the customer has to be the one to contact the manufactuer and that the warranty is only between the customer and the manufactuer but this is incorrect under Irish law.

The law in this country states that the retailer must fix the problem for a customer whose item is still under guarantee. Fix can mean a refund, replacement, or repair (and the retailer decides which one based on a number of factors)




http://www.consumerconnect.ie (National Consumer Agency) is available to anyone who wants advice and they can also be contacted on 1890 432 432.




Here is what Irish law states with regards to faulty goods and who a person goes back to on it.

http://http://www.nca.ie/nca/faulty-goods

Where goods turn out to be faulty and where you are not to blame, you have a number of options under consumer law. Faults with goods may be major or minor and present different issues for particular products.

If the fault is major, for example if you buy a mobile phone and it stops working shortly after you start using it due to a major fault with the phone, you have the option to reject the goods and rescind (end) the contract.

If the fault is minor, for example a button is missing from a piece of clothing you bought, you have the option to request a repair, replacement, a reduction in the price you paid or a refund. However, if the trader refuses to meet your requests or there is an unreasonable delay in providing one of these remedies, then you have the right to reject the goods and rescind the contract.

Your contract is with the retailer or supplier who sold you the goods or products so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer.

What to do

You should return the faulty item to the seller as soon as possible and explain what the problem is. If you think it might be useful, print out the page and bring it with you. If you have a complaint about faulty goods, shop notices such as "No Refunds" or "No Exchanges" do not limit your rights. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer law if the goods are faulty.

Reject & rescind

When you buy goods, you enter into a contract with the seller. If those goods turn out to be faulty and the fault is major, you are entitled to reject the goods and rescind (end) the contract. If you simply reject the goods, for example, a broken bill-pay phone, you may still be tied into a contract unless you demand to cancel it without any penalty fees.

This option is complex and can depend on a number of factors. For example, the severity of the fault, the length of time since you bought the goods, and the inconvenience caused to you as a result of the fault. If a fault occurs within the first 6 months of purchase, it is assumed that is was there at the time of sale. It is important to remember that if you caused the fault, the trader is under no obligation to offer you any type of compensation.

Repair

If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.

Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.

Replacement

If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price.

You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought.

Refund

If you opt for a refund, this can be in cash or by cheque, or the retailer can refund your credit or debit card account if you used one to buy the item. You do not have to accept a credit note or voucher as a refund as they are not equivalent to cash. You can choose a refund instead.

Other options

You have the option to use the Small Claims process as long as the claim does not exceed €2,000. The application fee is €25 and the service is provided in your local District Court.

If you paid for the goods by credit or debit card, your card provider may agree to reverse the transaction. This is called a chargeback. Contact your provider immediately and give them details of your transaction.

If you have any queries about your options, you can contact us.

Remember:
•You have no rights under consumer law if you change your mind about the goods you have purchased. However, some shops may offer you an exchange as a gesture of goodwill
•The shop is entitled to request proof of purchase, but this doesn't necessarily have to be the shop receipt. You could show your credit or debit card statement if you used one or any other documentation that proves it was purchased in that particular shop or retail chain

If you received the item as a gift, you will need to have a proof of purchase if you need to return it to the seller for any reason. This can take the form of a gift receipt, which you may need to request from the person who bought the item

Clareman

I think Consumer Issues would be a far better fit than the Limerick Regional forum

Cabaal

OP, your well within your rights to request that CPW deal with Samsung for you, you "might" be better off dealing with Samsung directly but its your choice.

Procrastastudy

Do not deal with Samsung directly. Your rights under guarantee (manufacturer) are different to your consumer rights under the SOGASOS act.

Go back in and explain if they are not willing to accept the goods back you would like to see a copy of the terms and conditions stating that. Take that and send it in with your small claims court claim.

If you deal directly with the manufacturer you are limited to 12 months or whatever they give you. Not so with the retailer. Its fair enough to ask you to contact the manufacturer from troubleshooting but once they confirm a fault its upto the retailer to sort it.

NB for many of us techy people we like dealing with manufacturers - when it comes to PC bits they are normally better than dealing with the retailer as the guarantee they give is normally beyond what is considered reasonable for the purposes of consumer rights. When it comes to anything to do with mobile phone the entire industry is a bunch of crooks! I can understand why as there are a lot of customers taking the micky in either breaking it themselves or being beyond stupid - only you know if you fall into that category OP

foggy_lad

GCDLawstudent wrote: »

Do not deal with Samsung directly. Your rights under guarantee (manufacturer) are different to your consumer rights under the SOGASOS act.

Go back in and explain if they are not willing to accept the goods back you would like to see a copy of the terms and conditions stating that. Take that and send it in with your small claims court claim.

If you deal directly with the manufacturer you are limited to 12 months or whatever they give you. Not so with the retailer. Its fair enough to ask you to contact the manufacturer from troubleshooting but once they confirm a fault its upto the retailer to sort it.

If you deal wit the manufacturer in relation to their warranty/guarantee you are then perfectly entitled to deal afterwards with the retailer who is responsible for your statutory rights.

NB for many of us techy people we like dealing with manufacturers - when it comes to PC bits they are normally better than dealing with the retailer as the guarantee they give is normally beyond what is considered reasonable for the purposes of consumer rights.

The manufacturers guarantee is usually only for 12 months and most products will have a reasonable lifespan of a few years at least! GCDLawstudent you should look a bit more at consumer law and statutory rights as you have a bit to learn.

When it comes to anything to do with mobile phone the entire industry is a bunch of crooks! I can understand why as there are a lot of customers taking the micky in either breaking it themselves or being beyond stupid - only you know if you fall into that category OP

Are you really claiming that many customers with faulty phones deliberately break the phones themselves?

Remember the sony ericsson w580 with the cracking keys? no phone shop would accept that it was a manufacturer fault and called it customer damage despite Sony accepting the keypads were faulty and replacing all faulty units without question.

Phone shops are the biggest abusers or customers statutory rights as the staff seem to be trained to lie to customers in an effort to deny them their statutory rights.

Procrastastudy

Foggy while you may or may not be correct on the first point - I wish you would stop telling me I'm wrong when I know I'm right.

The manufacturer can give what ever guarantee they see fit. You consumer rights are with the party you contract with as a consumer.

We actually agree on most things although I might be more flippant in my replies. You really need to understand the difference between a guarantee supplied by a manufacturer and a warranty/consumer rights/statutory rights given by the seller.

Have a look at this http://www.irishstatutebook.ie/1980/en/act/pub/0016/index.html - some of the tables refer back to the 1893 act which makes it confusing but you'll find it clearly defined.

foggy_lad

GCDLawstudent wrote: »

Foggy while you may or may not be correct on the first point - I wish you would stop telling me I'm wrong when I know I'm right.

The manufacturer can give what ever guarantee they see fit. You consumer rights are with the party you contract with as a consumer.

We actually agree on most things although I might be more flippant in my replies. You really need to understand the difference between a guarantee supplied by a manufacturer and a warranty/consumer rights/statutory rights given by the seller.

Have a look at this http://www.irishstatutebook.ie/1980/en/act/pub/0016/index.html - some of the tables refer back to the 1893 act which makes it confusing but you'll find it clearly defined.

You are wrongfully claiming that the guarantees offered by manufacturers are

normally beyond what is considered reasonable for the purposes of consumer rights.

These guarantees are only offered as an alternative to a customers statutory/consumer rights which for all products offer far superior protection and give a much greater expectation of the reasonable life of most products.

An ipad is only guaranteed by apple for 12 months but your statutory rights give up to 6 years in which to make a claim and generally trhe reasonable lifetime of an expensive tablet computer would be far longer than 12 months! the same can be said for most electronics products as well as most other products!

Procrastastudy

foggy_lad wrote: »

You are wrongfully claiming that the guarantees offered by manufacturers are
These guarantees are only offered as an alternative to a customers statutory/consumer rights which for all products offer far superior protection and give a much greater expectation of the reasonable life of most products.

An ipad is only guaranteed by apple for 12 months but your statutory rights give up to 6 years in which to make a claim and generally trhe reasonable lifetime of an expensive tablet computer would be far longer than 12 months! the same can be said for most electronics products as well as most other products!

You've misunderstood again. To be fair this may have been because I went OT. The reason I did this is because one of the tech Mods was suggesting go the manufacturer route which most techy people would do as the guarantees given by manufacturers can sometimes be excellent.

I'll walk you though an example. Some RAM manufacturers give a lifetime guarantee on their product. This is a guarantee - they are free to do this. The seller is only bound by the SOGASOSA so if the RAM goes pop after 3 years they can say - "it lasted a reasonable time". If it lasts 7 years they can just invoke the statute of limitations. The manufacturer meanwhile at the 3 and 7 year marks would still (probably) be liable.

(I'm not 100% sure you can contract out of the SoL - but this isn't really the forum for this discussion.)

foggy_lad

GCDLawstudent wrote: »

You've misunderstood again. To be fair this may have been because I went OT. The reason I did this is because one of the tech Mods was suggesting go the manufacturer route which most techy people would do as the guarantees given by manufacturers can sometimes be excellent.

I'll walk you though an example. Some RAM manufacturers give a lifetime guarantee on their product. This is a guarantee - they are free to do this. The seller is only bound by the SOGASOSA so if the RAM goes pop after 3 years they can say - "it lasted a reasonable time". If it lasts 7 years they can just invoke the statute of limitations. The manufacturer meanwhile at the 3 and 7 year marks would still (probably) be liable.

(I'm not 100% sure you can contract out of the SoL - but this isn't really the forum for this discussion.)

But this issue is dealing with a mobile phone which is only guaranteed for 12/24 months by the manufacturer but may reasonably last a lot longer and as such would be covered for a longer period by the customers statutory rights!

OP you should probably deal solely with the shop you bought the phone as they are the only people obliged by law to deal with you as far as your statutory rights go as your contract of sale is with them.

Procrastastudy

foggy_lad wrote: »

But this issue is dealing with a mobile phone which is only guaranteed for 12/24 months by the manufacturer but may reasonably last a lot longer and as such would be covered for a longer period by the customers statutory rights!

And this brings me back to... the manufacturers guarantee and your statutory rights are different and why I don't recommend going back to the manufacturer.

Foggy - Don't make me get the Picard Face Palm pic out.

My lack of clarity in posting is certainly worth criticising - but I'm right on this one read the act.

EDIT In fact why are we even arguing this Kess73 stated the position correctly in the second post. Although typical NCA has got the legalesse wrong its repudiate not rescind.

dudara

GCDLawstudent & foggy_lad You are pulling this thread off topic. If you want to argue with each other, then please take it to PM.

Both of you should really know better. Continue this at your peril.

dudara

Procrastastudy

Apologies to OP, Foggy and Dudara.

foggy_lad

manna452121 wrote: »

Went to my local shop at the Jetland to explain a problem I was having with a Samsung Tablet,I was informed by the staff that any work under warranty had to be sent direct to Samsung in UK and I had to make the call.On getting home I contacted CPW help line and they said the same,no warranty done thru store.I contacted samsung and they said that they will send me a box which I can return my tablet to their repair centre.This to me seems crazy for something that is covered by warranty.I also called to a local 3G shop but the would carry out any warranty work in store and deal with Samsung themselves.

Apologies for taking this off topic.

OP You should contact the Carphone warehouse again and remind them of your statutory rights and inform tham of their obligation to provide a remedy by repairing replacing or giving a refund.

You could wait for the postbox from Samsung but if your expensive tablet goes missing in the post you will take the hit as neither Samsung nor Carphone Warehouse will accept responsibility for something they did not post!

Carphone Warehouse must take the tablet and arrange any repair or replacement and are acting unlawfully by insisting on you dealing exclusively with Samsung.

manna452121

Got a reply back from CPW with the excuse saying that it is correct what the shop said etc,got back onto samsung yesterday looking for this return box only to be told that call was never logged.I gave them the the ref number but still nothing on their end.They have again started the process and I should have a return box in 3 working days.But the best of all came when I asked,where will the unit be repaired? Dublin Ireland not the UK.Before I finished with the rep,from listening to his voice he was not in Ireland but in call centre in Cairio Eygpt,what next for my Samsung Tablet.

Procrastastudy

Its funny - I don;t know why in mobile phone land it's so hard to give decent service. They're great when it comes to SSDs and according to a recent poster TVs too.

It's not as if the profit margins aren't gigantic when it comes to this stuff.

foggy_lad

manna452121 wrote: »

Got a reply back from CPW with the excuse saying that it is correct what the shop said etc,got back onto samsung yesterday looking for this return box only to be told that call was never logged.I gave them the the ref number but still nothing on their end.They have again started the process and I should have a return box in 3 working days.But the best of all came when I asked,where will the unit be repaired? Dublin Ireland not the UK.Before I finished with the rep,from listening to his voice he was not in Ireland but in call centre in Cairio Eygpt,what next for my Samsung Tablet.

You should walk into the shop you bought this and insist on them repairing replacing or giving you a full refund and don't listen to any more of their lies and Shop policy!

They are telling you what they want you to do which lets them off the hook completly, they should be telling you what you are entitled to and that is to have them send the tablet for repair and return it to you fixed or replace it or refund!