Samsung damaged on delivery 72-hour reporting policy

[Mirek078]

Samsung refuses to replace my damaged equipment (Tumble Dryer) which was delivered damaged because I noticed it and reported it after 72 hours from delivery (delivered Tuesday evening, the damage was noticed by the installers on the 4th day on Saturday, I reported it on the 6th day on Monday).

Damage, dent on the side of the tumble dryer

During delivery we only checked the front of the tumble dryer, we did not unpack the whole thing, the packaging was not damaged, there was no damage visible under the packaging foil.

I can clearly prove it, because I have a lot of photos from the unpacking on and witnesses (the gentlemen who installed the equipment that day), but Samsung Shop Resolutions Team completely ignore it.

I received preliminary legal advice from Consumerline Trading Standards Service, its content is:

´´ You are correct and the law which applies is the Consumer Rights Act 2015. This states that goods should be of Satisfactory Quality, Fit for Purpose and As Described. You do have a 30 day right to reject and a trader cannot have any terms which restrict your rights under the Consumer Rights Act. Any such term can be ignored, and do not apply. If the trader does not resolve, the best way to progress your complaint is escalate case to the Trading Standards Service for investigation´´

What do you think about this case and does it prove that the Samsung store regulations (72 hour rule) are contrary to applicable UK law, how should such a case be handled ???

[johnz237]

Hi! Welcome to the Samsung Members community.

I see your frustration. But yes, Samsung's rules do not override consumer rights acts- Not totally sure if it applies here.
I am unsure of the legal implications regarding a dent, as it is merely cosmetic.

Did you pay via credit card? See if Section 75 is helpful—but the point about cosmetics stands.

If it is a case of damage, make sure to fully inspect the item within 72 hours. I always make sure to do so when spending a lot of money. You should not have to, but the reality is that such large machines are transported from warehouse to warehouse, put in a van, and into your home—so many steps where it can be damaged.

Consumer platforms may not be the best place for legal advice, and I would suggest contacting the correct authority- as legally, most of us will have no clue

[Mirek078]

My mistake was that I didn't look at everything carefully during delivery, I only removed the foil on the front to check, but since the packaging wasn't damaged, I didn't unpack it until the moment of installation, unfortunately a few hours too late. 

I have already received legal advice from Consumerline NI - Consumerline Trading Standards Service Department for the Economy,  clearly proves that Samsung is doing is illegal and breaking the law by ignoring their customers rights 2015.

I am not convinced that such a dent is a cosmetic defect, because it is not known whether there was any parts damage, dent under it, which could cause a failure, and because of the dent they would probably void the warranty. So even though everything is working properly at the moment, I do not want to risk it and I only asked for a replacement for a new, undamaged one - of course they refuse to do so.

[Mirek078]

Currently, according to legal advice, I have several options:

1. Escalate case to the Trading Standards Service for investigation

2. Make a claim to my card provider

3. As a last resort will need to consider taking action in the Small Claims Court

I am very disappointed with Samsung’s customer service - because I didn't want to do any of these things, I simply asked for the purchase agreement to be respected and the item to be replaced with a defect-free one.

But now I see that this is a common practice for damages during delivery and Samsung disregards the rights of its customers.