My rights on scratched phone screen

RonnieL

Hi Guys,

I bought a Samsung Galaxy S3 from meteor on Saturday afternoon. Yesterday as I was sitting in work, I glanced at the screen and noticed a very small, hardly noticeable scratch on the screen. I can categorically state that nothing out of the ordinary happened to the phone in the time since I bought it. It has either been in my pocket, on my desk, or charging beside my bed. I should note that I have had a succession of smart phones over the last 4 or 5 years, and other mobiles before that, and I've always kept the phone in my right pocket with nothing else. None of my previous phones have gotten scratched (except for one which I dropped, HARD on concrete). The phone didn't fall or come into contact with anything that should scratch it. The scratch is not noticeable - to the point that it's not even easy to find, but I know exactly where it is now, and it catches my eye when light shines on it in certain ways.

So, I think there's a chance the scratch was there when I got it - I just hadn't noticed it. Or, it happened since, but without anything untoward happening to the phone. If that's the case, then I feel the phone is not "fit for purpose" since the screen is becoming scratched too easily.

I called the shop where I bought it, and they say they can't do anything about it, except send it back to the manufacturer to see if it's covered under warranty.

What do people think I am entitled to here, and what's my best course of action?

Thanks,

Ronan

Procrastastudy

Firstly it could have happened in your pocket - so it would be your word against theirs. Their word being backed up by thousands of phones going out without this issue - yours being how most items get ware and tare. You have to do a what is more likely test on that one.

Next the defect is so small that it might not even be considered a material breach.

I wouldn't waste my time but I suppose you could always give it a go.

RonnieL

Procrastastudy wrote: »

Firstly it could have happened in your pocket - so it would be your word against theirs. Their word being backed up by thousands of phones going out without this issue - yours being how most items get ware and tare. You have to do a what is more likely test on that one.

Next the defect is so small that it might not even be considered a material breach.

I wouldn't waste my time but I suppose you could always give it a go.

Thanks a million for the reply Procrastastudy. I can't say for sure that it didn't happen since I walked out of the shop. In fact, since I saw the box being opened, and the protective wrap being peeled off, I would say it's more likely that it happened since I got it. So, I guess my main point is that the screen shouldn't scratch so easily. But, to your "material breach" point, does the fact that the screen scratches easily mean the item is not fit for purpose?

I'm undecided on whether or not I want to take this further in any way, but I do feel a little hard done by so I'm interested in hearing peoples opinions.

THanks again.

Procrastastudy

If it started to scratch all over you might have a point but a tiny scratch you can hardly see... I could very well be wrong though just my opinion.

BTW - I completely sympathise! I like my gadgets shiny!

foggy_lad

RonnieL wrote: »

Thanks a million for the reply Procrastastudy. I can't say for sure that it didn't happen since I walked out of the shop. In fact, since I saw the box being opened, and the protective wrap being peeled off, I would say it's more likely that it happened since I got it. So, I guess my main point is that the screen shouldn't scratch so easily. But, to your "material breach" point, does the fact that the screen scratches easily mean the item is not fit for purpose?

I'm undecided on whether or not I want to take this further in any way, but I do feel a little hard done by so I'm interested in hearing peoples opinions.

THanks again.

If the screen scratched just by wiping it with a cloth or by having it in your pocket then it would not be reasonably durable but it is far more likely that the screen was scratched by some object in your pocket or by some other item on your desk, a tiny grain of sand can cause scratches if it was placed face down on a dest and moved across it.

Reasonably such a small unnoticeable scratch would come under normal wear and tear despite all your other previous phones being in almost better than new condition after your ownership.

dak

Perhaps you could polish it out using displex polish .

http://www.displex.com/

RonnieL

foggy_lad wrote: »

If the screen scratched just by wiping it with a cloth or by having it in your pocket then it would not be reasonably durable but it is far more likely that the screen was scratched by some object in your pocket or by some other item on your desk, a tiny grain of sand can cause scratches if it was placed face down on a dest and moved across it.

Reasonably such a small unnoticeable scratch would come under normal wear and tear despite all your other previous phones being in almost better than new condition after your ownership.

Thanks foggy_lad.

It definitely wasn't scratched by something in my pocket. I know that for sure. 100%. Also, when I googled scratched screens this morning, all I saw was people talking about grains of sand - it's been a long time since I've been to the beach, and I don't work in construction, so there's very little sand in my life! To me, the fact that this phone in particular became scratched (assuming it wasn't scratched when I got it) so quickly after buying it, despite 4 years of scratch free smart phones, would suggest to me that this phone is different. I do accept however, that it is possible (however unlikely) that a spec of super hard material (diamond perhaps?!) came in contact with the screen.

Question (for someone who knows consumer rights): If I decide to go in to meteor claiming the phopne isn't fit for purpose (sale of goods and supply of services act), and they disagree, what could I do next?

RonnieL

dak wrote: »

Perhaps you could polish it out using displex polish .

http://www.displex.com/

Thanks dak, but their FAQ says it doesn't remove scratches.

BostonB

I think its impossible to prove you didn't scratch it.

Did you put a screen protector on it?

RonnieL

BostonB wrote: »

I think its impossible to prove you didn't scratch it.

Did you put a screen protector on it?

It's definitely impossible to prove. No screen protector. I'm not into protection - I think it ruins the feel :-P

RonnieL

RonnieL wrote: »

Question (for someone who knows consumer rights): If I decide to go in to meteor claiming the phopne isn't fit for purpose (sale of goods and supply of services act), and they disagree, what could I do next?

To answer my own question, the small claims court is the next step, and I really can't be bothered with that.

foggy_lad

RonnieL wrote: »

Thanks foggy_lad.

It definitely wasn't scratched by something in my pocket. I know that for sure. 100%. Also, when I googled scratched screens this morning, all I saw was people talking about grains of sand - it's been a long time since I've been to the beach, and I don't work in construction, so there's very little sand in my life! To me, the fact that this phone in particular became scratched (assuming it wasn't scratched when I got it) so quickly after buying it, despite 4 years of scratch free smart phones, would suggest to me that this phone is different. I do accept however, that it is possible (however unlikely) that a spec of super hard material (diamond perhaps?!) came in contact with the screen.

Question (for someone who knows consumer rights): If I decide to go in to meteor claiming the phopne isn't fit for purpose (sale of goods and supply of services act), and they disagree, what could I do next?

You would be laughed at first and when you kicked up a stink asked to hand over the phone and it will be sent off to the fonemenders/fonefix people who will look and see no issue with the screen apart from scratches caused by normal wear and tear, there may be an offer to replace the screen but you would be expected to pay in full for this.(your phone will most likely be returned with even more scratches from normal wear and tear.)

Your option after this is to go through the courts but as the scratch is covered by normal wear and tear you don't have any real grounds for a case, I would think that the shop you bought from would send someone to the court to defend themselves and may counterclaim for the cost of examining the phone which was not faulty but damaged after purchase.

You bought the phone and had the opportunity at the time of purchase to examine it for visible defects so you basdically don't have a leg to stand on here.

dak

Maybe idrops would work ?

http://www.amazon.com/PodShop-iDrops-Cleaner-Scratch-Remover/dp/B0006V7QAK

BostonB

If you had a screen protector on and it was still marking easily you might have a case. But I can't see you do here.

Even when your phone has a fault the phone repairers are very poor at fixing things. Something as subtle as a small mark is just going to ignored by them.

RonnieL

dak wrote: »

Maybe idrops would work ?

http://www.amazon.com/PodShop-iDrops-Cleaner-Scratch-Remover/dp/B0006V7QAK

Thanks dak. I'll consider giving them a try at some point. I might even change my stance on protection, and get a screen cover in the meantime.

Boskowski

One other thing to consider is while a tiny scratch even would annoy anyone if the item was bought yesterday it will become very soon negligible as the phone goes through normal wear and tear.
What I mean is it seems major now but 3 months down the road there'll be loads of little imperfections on the phone especially if you have it just in your pocket like I would. The phone would still look newish but under close scrutiny it will not be flawless and you might wonder was it worth going to war with the retailer over something that's inevitable anyway.

I bought a dect phone for the house 6 months ago from the webs and upon arrival it became obvious it was a returned item. The difference was the screen protector foil was gone and the screen was not polished anymore. It was in use for a couple of days or a week or so.
I didn't like that - as no one would - and demanded a replacement in a sealed box.
The retailer obliged without any fuss and apologised for sending a returned item.
The thing is though the new phone looked exactly like the one I just returned after 3 days and still does and I probably would leave it alone the next time.

DipStick McSwindler

This post has been deleted.

Jev/N

IrishFeeney92 wrote: »

If you put your phone in the same pocket as your keys this could be the result, and thats experience talking!!

I doubt the OP did, considering what was mentioned above.

tatabubbly

Put a screen protector on it? It was the first thing I did when I bought my boyfriend his. €600 euros on a phone is a lot of money not to spend €20 on making sure the screen is "as new"....

ShaShaBear

Same thing happened my S2 when I got it last year. One tiny scratch, three tiny scratches, one pretty big scratch.

Got the S3 and a pack of screen protectors and all but put the three of them on at the same time. Doesn't ruin the feel in the absolute slightest, and the touchpad is exactly as responsive either way!