A consumer rights question

[DSM10000]

My Samsung mobile telephone has developed a fault. I am getting repeated messages that "charging is suspended, voltage too high" when it is not plugged in. It is also draining the battery rapidly as well as not connecting via the usb port.
My service provider. (Orange) have refused to replace it as it is 9months old. They insist that I must return it to Samsung for repairs.
If it was up to 6months old they would courier a replacement to me without question.
To be fair they did offer to replace it if I paid them £285!
What is the position regarding consumer law here?
I understand that the sulpplier should be the one to sort such issues, at least within the first year..
If necessary I will send it to Samsung but that will take significantly longer to sort out and be far less convenient.
Any comments or suggestions welcome.

 

[@MARK]

My Galaxy SII developed a fault a few weeks ago.

I called Samsung direct who arranged for the phone to be mailed back to them (at their cost) repaired and returned.

It left me on the Monday and was back in my hands (fixed) the following Monday. To me that is outstanding service.

You could force Orange to deal with it but all they will do is return it to Samsung anyway so it will just take twice as long.

Samsung also have a number of "walk in" service centres so this might also be an option.

Pick up the phone and speak to Samsung instead of wasting time with Orange and before you know it your phone will be fixed and you will be happy again.

 

[DSM10000]

Thank you for your reply.

If Orange would agree to replace it then I would have a new phone tomorrow and not have to wait for a week or so.
I have found that their attitude towards customer service has markedly declined over the years.
I was hoping that as a long standing "premier" customer I would have received better service from them.

 

[davidjpowell]

Your sales of good act 'right' is to have it repaired, replaced or refunded. Choice is the sellers.

This is assuming that it breaches the act, and you could easily argue that a phone that fails after only 9 months does,

 

[@MARK]

I have found that their attitude towards customer service has markedly declined over the years.
I was hoping that as a long standing "premier" customer I would have received better service from them.

I left them 10 years ago because I thought there service had reached rock bottom then.

If you are telling me it has continued to fall then I really feel for you.

You don't have a right for a replacement right now so you could spend weeks arguing (and have a faulty phone in the meantime) or you can just get your phone into your local walk in centre and have if fixed for the weekend.

 

[Mr E]

2 things - after 6 months you have to prove that the problem is caused by an inherent fault and not caused by you.

The seller can choose whether to repair or replace. This has to be done within a "reasonable" time. With devices like phones you tend to find that, on returning, a quick check is done and then a replacement unit is sent out. This is to prevent people damaging a phone and then getting a replacement that is not due to them.

 

[Dryce]

It left me on the Monday and was back in my hands (fixed) the following Monday. To me that is outstanding service.

That's just service. Nowhere near 'outstanding'.

 

[Dryce]

What is the position regarding consumer law here?
I understand that the sulpplier should be the one to sort such issues, at least within the first year..

The retailer still takes responsibility - as long as you're following their instruction to send direct to Samsung.

 

[Shude]

When my basic nokia handset developed a fault after a month or two I called the supplier and was asked to take it into a carphone warehouse with a repair centre (there is one in the shopping centre near my work). It was fixed within an hour. EDIT: I should add at no cost to me. The supplier wasn't carphone warehouse but a "partner".

 

[@MARK]

That's just service. Nowhere near 'outstanding'.

Compared to HTC and other phone companies who have a 4 week turn around. turning it around in a few days is certainly not typical of the industry and the way it was handled by Samsung was very much a case of "lets get this fixed for you" rather than excuses

 

[219]

Having had every generation of iPhone , up to my current 4S , I must say I have been impressed with the service from the Glasgow Apple Store .

With my first 3G , bought from another outlet , I walked in off the street after the phone 'froze' . After 5 minutes at the 'genius bar' , where the problem was verified , I walked out with a replacement handset .

Later , after I had done a software update on the replacement handset , by this time the phone was out of warranty , and the same thing happened , I went back in and again was given a replacement handset ( as a gesture of goodwill since there had been a number of issues with people who had installed the new OS ( iOS 4.0 I think ) on this model ) , no pleading , no arguing , no hassle - just a replacement phone .

None of my other iPhones has given any trouble , but it is good to know that Apple stand by their products , even if you didn't buy in their store .

Samsung , I imagine , will be the same .

 

[Truffs]

Having had every generation of iPhone , up to my current 4S , I must say I have been impressed with the service from the Glasgow Apple Store .

With my first 3G , bought from another outlet , I walked in off the street after the phone 'froze' . After 5 minutes at the 'genius bar' , where the problem was verified , I walked out with a replacement handset .

Later , after I had done a software update on the replacement handset , by this time the phone was out of warranty , and the same thing happened , I went back in and again was given a replacement handset ( as a gesture of goodwill since there had been a number of issues with people who had installed the new OS ( iOS 4.0 I think ) on this model ) , no pleading , no arguing , no hassle - just a replacement phone .

None of my other iPhones has given any trouble , but it is good to know that Apple stand by their products , even if you didn't buy in their store .

Samsung , I imagine , will be the same .

Couldn't agree more, people may slate Apple and that its over priced but on the one occasion where i caused a problem with my 4S they replaced it .

 

[JasM]

Just send it in to Samsung, it will be repaired free of charge as all Samsung phones come with a 2 year warranty as standard.

My S2 developed the same fault a few weeks ago, I immediately sent it in to Samsung and I received it back repaired a week later. The fault was diagnosed as a faulty USB port which they replaced and it works great now.

This is the number I used to get in contact with Samsung:

0330 7267864

 

[Roamer]

Similar experience to some of the posters with my Samsung Galaxy S2. I'd left it in the front pocket of a goretex though not fully waterproof motorbike suit, and the heavens opened on a motorway ride with a lot of spray.

Sent it to Vodafone who said £100 for the repair, but did not tell me what would be repaired other than it had got wet.

Got in touch with Samsung who sent a postage label, sent it off to them and they repaired it free of charge within a week.

 

[John]

Having had every generation of iPhone , up to my current 4S , I must say I have been impressed with the service from the Glasgow Apple Store .

If I paid the equivalent of £500 for a phone, I would be expecting it!

 

[Piff]

Hmmm - carphone warehouse
Had a problem with a simple nokia 18 months ago, phone was less than 1 year old - told to take it to carphone warehouse. Problem was shortened battery life.
A few days later had a call to collect it.
SWMBO collected it for me and it was returned with a strange photo of the insides of a phone (they told me it was a phone but to the uneducated it could have been anything) and an explanation that it was water damaged and could not be fixed under warranty. She phoned me from the store and I asked to speak to the person who handed it over. They refused to speak to me!

I know the phone was not water damaged.

The phone did not work at all after their "inspection"

Loud complaint followed and I was issued with a new phone & £50 compensation for my wasted time & journeys to carphone warehouse.

 

[DSM10000]

Interesting stuff. (I need to get 30 posts in order to use private message)

Not the brightest move to advertise the fact that you are only posting to get your count up!