Guarantee Irish 1 year vs Eu 2 year?

DazzaMazza

Hi all,
I've a Samsung TV thats developed display problems. I purchased it less that two years ago and its had standard home use. When I contacted Samsung, I've been informed that Irish customers have a 1 year warranty. Yet EU law stipulates a 2 year warranty at a minimum. Apparently Ireland was excused from the directive as we have stronger consumer laws etc BUT the 1 year warranty seems to be standard practice here on most electronic goods. 2 years from the EU or Amazon, UK vendors etc but if I walk into DID or Power city I'll get one.

Is there any redress here. This seems like nonsense, Irish consumers getting screwed again. Is the small claims my only hope or am I wasting my time

Thanks

Daniel

ytpe2r5bxkn0c1

Warranty is meaningless. Under Irish law the product should have a reasonable life. Your dealings should be with the retailer and not the manufacturer. Less then 2 years old is not reasonable. Contact the retailer for repair, replacement or refund - probably repair.

L1011

Our consumer legislation is significantly stronger than those in countries with a hard cut off 2 years - if anything, those are the ones getting screwed. 731 days and zero recourse? No thanks.

Your contract is with the retailer, not the manufacturer. You need to deal with the retailer. Most are aware of their responsibilities - and even more become aware of them after a registered letter to their HQ - but small claims exists as a final recourse.

OU812

Yaretzi Juicy Weasel wrote: »

Warranty is meaningless. Under Irish law the product should have a reasonable life. Your dealings should be with the retailer and not the manufacturer. Less then 2 years old is not reasonable. Contact the retailer for repair, replacement or refund - probably repair.

On all products or just expensive ones. e.g. I buy a pair of €25 shoes for my child from Dunnes, the sole falls off in six months & I buy them a new pair.

Should I go back to Dunnes (without receipt that's most likely been dumped on day of purchase) & insist on a replacement pair?

James Bond Junior

I fought with Panasonic on this same issue only with a soundbar and got nowhere until I said I would be in contact with my solicitor and quoted the exact EU directive that states 2 years and I got a full refund as the model was discontinued.

1999/44/EC

Read this:
http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

L1011

OU812 wrote: »

On all products or just expensive ones. e.g. I buy a pair of €25 shoes for my child from Dunnes, the sole falls off in six months & I buy them a new pair.

Should I go back to Dunnes (without receipt that's most likely been dumped on day of purchase) & insist on a replacement pair?

All products, but you have to have reasonable expectations. And proof of purchase. And it needs to be a manufacturing fault - not worn out.

€25 shoes are pretty cheap. 6 months is not an unreasonable time for them to last if worn every day (or 5 days a week).

Small Claims costs €25 and you may need to turn up in person - these costs are not refunded. The clerk will not accept a claim for €25 or under for obvious reasons!

James Bond Junior wrote: »

I fought with Panasonic on this same issue only with a soundbar and got nowhere until I said I would be in contact with my solicitor and quoted the exact EU directive that states 2 years and I got a full refund as the model was discontinued.

1999/44/EC

Read this:
http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

This directive is not implemented in Irish law - as your solicitor would have told you.

njs030

OU812 wrote: »

On all products or just expensive ones. e.g. I buy a pair of €25 shoes for my child from Dunnes, the sole falls off in six months & I buy them a new pair.

Should I go back to Dunnes (without receipt that's most likely been dumped on day of purchase) & insist on a replacement pair?

All products should have proof of purchase....dont throw away receipts!!

ytpe2r5bxkn0c1

OU812 wrote: »

On all products or just expensive ones. e.g. I buy a pair of €25 shoes for my child from Dunnes, the sole falls off in six months & I buy them a new pair.

Should I go back to Dunnes (without receipt that's most likely been dumped on day of purchase) & insist on a replacement pair?

Reasonable! Six months for cheap children's shoes is reasonable.

28064212

A warranty has nothing to do with your consumer rights. A manufacturer can offer a warranty that stipulates (for example) they will replace any product that stops working, but only if it breaks on a Sunday. Or that they will only replace products that were bought by people with names starting with 'G'. They can literally attach any conditions they want (so long as they're up-front about them).

If you choose to, you can go down the warranty route. It can sometimes get things done faster, and can sometimes has protections that your consumer rights don't cover. However, nothing in the warranty can contravene your consumer rights. To exercise your consumer rights, you must go through the retailer you purchased the item off, not the manufacturer

whiterebel

James Bond Junior wrote: »

I fought with Panasonic on this same issue only with a soundbar and got nowhere until I said I would be in contact with my solicitor and quoted the exact EU directive that states 2 years and I got a full refund as the model was discontinued.

1999/44/EC

Read this:
http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html

I don't see anything in that link? AS you fought with Panasonic, did they refund your money? Unless you bought it directly from them, they have no responsibility at all, under either the EU Directive or Irish law.

fritzelly

http://www.rte.ie/tv/theafternoonshow/2010/0330/warrantiesandguarantees894.html

Aside from that a TV should, within normal use, have an expected fit for purpose use beyond less than 2 years

But you should also check if anyone else is having problems with the same model which then comes under a fault at sale (or whatever the name for it is)

Re the shoe comment - a friend bought a pair of Clark's (I know not the same as they used to be), they were on sale but still not that cheap. The sole fell off them after 4 months - couldn't find the receipt and just let it go else would have taken it further. He only wore them a few times a week for maybe a few hours at a time

James Bond Junior

L1011 wrote: »

All products, but you have to have reasonable expectations. And proof of purchase. And it needs to be a manufacturing fault - not worn out.

€25 shoes are pretty cheap. 6 months is not an unreasonable time for them to last if worn every day (or 5 days a week).

Small Claims costs €25 and you may need to turn up in person - these costs are not refunded. The clerk will not accept a claim for €25 or under for obvious reasons!



This directive is not implemented in Irish law - as your solicitor would have told you.

I didn't actually go to my solicitor. Once I quoted the legislation Panasonic just said ok fine and gave me a FULL refund. A colleague also had the same result when he had a faulty iPad. Apple replaced the item with no contest.

James Bond Junior

whiterebel wrote: »

I don't see anything in that link? AS you fought with Panasonic, did they refund your money? Unless you bought it directly from them, they have no responsibility at all, under either the EU Directive or Irish law.

Go to the section that says "How does this change things?" And you'll see a link. I bought it in a large Irish owned electronics chain and they were able to reprint my original receipt which I scanned and sent to Panasonic via email. They agreed to fix the item first but then as parts could not be got I was told sorry can do nothing. I fought with them and quoted the above EU directive and they agreed to give me a full refund.

L1011

But that directive is not in force in Ireland. There is no guarantee other manufacturers will be confused in to believing it is.

theteal

James Bond Junior wrote: »

Go to the section that says "How does this change things?" And you'll see a link. I bought it in a large Irish owned electronics chain and they were able to reprint my original receipt which I scanned and sent to Panasonic via email. They agreed to fix the item first but then as parts could not be got I was told sorry can do nothing. I fought with them and quoted the above EU directive and they agreed to give me a full refund.

Sometimes they bend to customer will. Customer relations and feedback does still play a small part in this era of globalisation.

In reality, the manufacturer could have told you to PFO as your contract of sale is between you and the retailer. The "warranty" is nothing more than a sales tool. I love how the large Irish electronics chain helped you pursue Panasonic as opposed to actually performing their duty in adhering to your consumer rights i.e. it should have been them chasing Panasonic as you should already have been at home with your repaired/replaced (by them) TV

James Bond Junior

theteal wrote: »

Sometimes they bend to customer will. Customer relations and feedback does still play a small part in this era of globalisation.

In reality, the manufacturer could have told you to PFO as your contract of sale is between you and the retailer. The "warranty" is nothing more than a sales tool. I love how the large Irish electronics chain helped you pursue Panasonic as opposed to actually performing their duty in adhering to your consumer rights i.e. it should have been them chasing Panasonic as you should already have been at home with your repaired/replaced (by them) TV

Fair enough, I got the resolution I wanted in the end and it really only took a few emails back and forth as well as dropping it to an official Panasonic repair centre. All I'm saying is one can give it a try.

Walter2016

L1011 wrote: »

Our consumer legislation is significantly stronger than those in countries with a hard cut off 2 years - if anything, those are the ones getting screwed. 731 days and zero recourse? No thanks.

If bought lasy year or this year it would be 732 days!

For the OP, you first have to be sure its a fault due to a manufacturing issue and through any misuse by someone.
Then you simply go to the retailer - they may pass you on to samsung as a way of speeding up repair and they can do this, but they are still responsible for you to have any manufacturing defect fixed.

theteal

James Bond Junior wrote: »

Fair enough, I got the resolution I wanted in the end and it really only took a few emails back and forth as well as dropping it to an official Panasonic repair centre. All I'm saying is one can give it a try.

A result is a result and I'm glad you pursued it and got satisfaction. I just get annoyed when retailers do all they can to shirk their responsibilities.

DazzaMazza

Thanks for all of the advice!
I think I will write to the retailer (they are ignoring email) and register the claim with the small claims court if they don't progress it.