Taking Samsung to court

ViniciusD

Hi all,

I want to take Samsung online shop ireland to court. I am going to the small claims court, but for this I need their address.

Is there any representative in ireland or is it Samsung UK? Or other? I see that who does the logistics for Samsung is "Exertis", but I dont think they should be sued.

Any help is highly appreciated.

Thanks!

NOTE: I originally posted this thread on the Android area, but I just found this area which I think is more appropriated.

skinny90

your contract is with the retailer.

Unless you bought directly from samsung then your case is against the shop you bought the device from

mondeoman72

https://www.boards.ie/discussion/comment/119459693#Comment_119459693

This.

Where did you buy the phone. If it was Harvey N, or PCWorld or someone like that. You go after them. Not Samsung.

standardg60

Yep hardly anything to do with Samsung, assume OP was fed the usual bs by the retailer.

What is the fault in terms of the sale of goods and supply of services?

Your opening post is vague.

Do you have any formal training in law?

The 3 R's repair replace refund

Dempo1

Hasn't OP clearly stated they purchased direct from Samsung online directly 🤔

Samsung have a team of sales support people in Ireland, dealing with network phone shops, promotions etc, I can't say if they are employed directly by Samsung Ireland or UK There are two companies registered under Samsung in Ireland, I'll attached details but verify yourself.

ViniciusD

I purchased a new phone and an energy adapter with a cable at samsung online shop, was not with a retailer, was directly from samsung: https://shop.samsung.com/ie/

THe plug adapter stopped working one month after my purchase and it is IMPOSSIBLE to engage samsung for replacement.

This is way beyond a matter of a simple plug adapter, this is a matter of complete lack of customer service and respect with customer. The plug adapter costs 30 euro, but my phone costs 1100 and if I have issues with it I WILL NOT be able to get service or replacement.

If you go to the Contact Us page (https://www.samsung.com/ie/support/contact/) you will find a few ways to engage them:

0818717100 - told me they are only tech support, they don't deal with warranty, told me to call 0818302016

0818302016 - told me they dont deal with warranty, told me to call 0818717100

called again to 0818302016 - told me they dont deal with warranty, told me to try online chat

online chat: told they are exertis and they would pass to samsung directly, the chat gets ended ALWAYS.

This is HELL, how is this freaking world a company this size gives this customer service? I am telling you: DO NOT BUY anything from samsung online store, unless you are ready to be in trouble if you need to use your warranty.

I was able to speak with Samsung UK over twitter, after several weeks of waiting. They got me a 2 replacements for my plug adapter, both WRONG models (the first one was USA standard adapter... imagine that), and they insisted that they were doing this as a good will... to hell with that, the product is INSIDE warranty period, this is an obligation on their side.

If you plan to buy ANYTHING from samsung, buy from a local retailer and make SURE they will provide after-sales support in a case of product malfunction.

I purchased the phone and the adapter in end of april, 30 days later I needed support, up to this day I could not speak with anyone from SAmsung Ireland.

Gooser14

Have you tried getting Conor Pope the Irish Times Consumer Affairs Correspondent on your case. He does a slot on the Ray D'Arcy show on RTE1 & he frequently sorts out consumer problems with Vodafone, Eir etc. Might be worth a try.

skinny90

https://www.boards.ie/discussion/comment/119460767#Comment_119460767

How much are you claiming? sounds like the device works minus the cables and or accessories.

the only reason I ask is that it will cost 25 euro and that cannot be used as a n expense against the company.

given adaptors and leads could cost less or at least alternatives could, it might not be worth your time. ]

Just a thought

eusap

I think for Ireland Exertis issues the invoice so they are the retailer

ViniciusD

https://www.boards.ie/discussion/comment/119462077#Comment_119462077

I would claim the 2k, this is not about the adapter, this is about lack of respect. How can you sell something online and DON'T provide warranty? And by the way: I never sued anyone, so I am not those guys that try to make easy money around.

This is about all the stress I've been through trying to get Samsung to replace something that is my right!

GIMP

Its pointless going after them for an accessory, very few warranties will even cover these and as an earlier poster said the Scc fee is 25e, they may well decide not to submit the claim either when its assessed. Just buy another adapter. It may well be annoying that it is not working after a few months but life is too short to be stressing over a minor issue like this!

GIMP

Just to add I have used the scc previously for larger more expensive claims and i am just giving you an insight into its workings

skinny90

https://www.boards.ie/discussion/comment/119462097#Comment_119462097

do it for the craic so. no offence but it woudnt even make the court after the registrar has reviewed your case. all the best on your quest

ViniciusD

Ok, so there something VERY wrong here.

They are not being honest at all. Imagine you buy ANYTHING on Samsung online store, this product has a defect and you are unable to use your warranty... this cannot be like this.

There must be a way to get them punished, what about consumer rights?

L1011

What did you think you could claim the 2k for exactly?

The only thing there is a claim on is the 30 quid charger. The cost of SCC is 25, it explicitly cannot be added to the value or the claim, and the time involved is worth a lot more than a fiver.

Deal with any failures with the phone IF they happen

Gooser14

As Exertis are the distributor for Samsung in Ireland I think you should be contacting them in the first instance. It may be that they will solve the problem for you.

10-10-20

You need to take a step back here. The only loss which you have suffered is the value of the supplied charger and this has not put you into a position where the phone was unusable as other adapters are functional. There is no need to go all "class action" on this - yes I can understand that you are frustrated, but no amount of frustration will become a positive here. You're not entitled to get any compensation from Samsung beyond the value of said adapter.

From my view, there are three paths remaining:

1. Re-engage the support teams via the official process and request an escalation. Remain polite but firm and explain that you have been through the system multiple times already.
2. If you get no joy from support you could consider a small claims court route, but this may be futile as the cost for a small claims process is 25 EUR - probably the same as the value of the charger and you are not entitled to claim for the full value of the functional phone or whatever costs you associate with your frustration.
3. Buy a reasonable charger from another retailer.

Now that we've talked you off the metaphorical cliff, I can only wish you good luck.

Jafin

Did you just go straight to customer service or did you check out the repair section in the warranty page? According to the warranty information page on the website you're supposed to book a repair through the online portal. Chargers are covered by a 12 month warranty.

https://www.samsung.com/ie/support/warranty/

walterking

https://www.boards.ie/discussion/comment/119462097#Comment_119462097

You'll be laughed at and refused even a hearing.

Don't be stupid about it. Abusing the excellent small claims process is not looked on favourably.

beachhead

https://www.boards.ie/discussion/2058258418/taking-samsung-to-court

Samsung CEO of UK and Ireland is Irish.From County Wicklow.Can't remember his name,unfortunately.Article in one of the sunday papers of 7th August.Fonefix in Sandyford,dublin 18 do repairs,maybe they can help.

GIMP

https://www.boards.ie/discussion/comment/119464698#Comment_119464698

This is a pointless post, Fonefix fix phones not chargers and his phone is not broken! Op is having a hissy fit over a consumable item that can break very easily due to being dropped, thrown into a bag, or any manner of reasons!

The ceo being from Ireland, not even sure where you were going with that nugget of information 🤔

beachhead

Thank you for your post.Fonefix will contact Samsung and get the charger replaced.So helpful Gimp,my god.CEO? Has it crossed your mind that writing to him might help-if ViniciusD were to get really desperate.It does work you know.Some people do have a lot of time on their paws.Don't make any attempts to be a mind reader for ViniciusD

GIMP

More nonsense!

Sono

A claim for a faulty charger! I’ve heard it all now.

lawrencesummers

https://www.boards.ie/discussion/comment/119462097#Comment_119462097

The judge will tell you to fcku off.

The max you will get is the cost of a replacement charger, which is probably the same amount as it costs to apply to the small claims court, which itself isnt something you can claim for

So your going to be out of pocket the court application fee and your going to have to give up a full day attending court with the associated costs of transport / parking etc.

Just buy yourself a new charger and get on with life.

Jim_Hodge

https://www.boards.ie/discussion/comment/119462097#Comment_119462097

You need to grow up. It is an adaptor. A consumable item. You can't sue for 'stress' or a perceived lack of respect. You'd be laughed out of court.

Flinty997

I think you are missing his point.

The charger broke. It should be a straight replacement. But Samsung won't engage. They should be made meet their consumer obligations.

If the phone subsequently breaks should he also suck it up?

If you can afford 1K+ on a phone. This isn't about the money, it's about the principal of your rights as a consumer.

He can obviously just buy a new charger if it was about the time and money.

Ouch Chinese Byrne

So many suckers here willing to buy faulty products and except it. Easy money for companies.

OP keep all communication and email higher and higher up the chain of command. Theses companies are also on Social media like Twitter and Facebook where you can post publicly your experiences.

lawrencesummers

https://www.boards.ie/discussion/comment/119467007#Comment_119467007

Your principle and rights as a consumer versus the time stress and annoyance of carrying on looking for a replacement of something cheap that could be bought quickly.

I know what i would do, and ive brought people to the small claims court previously.

Flinty997

#1 What's the minimum claim you can make?

#2 What's the minimum claim you feel is worthwhile?

AndrewJRenko

What company name and contact details are on your original invoice?

Jim_Hodge

https://www.boards.ie/discussion/comment/119462097#Comment_119462097

You do realise the SCC would, at most, award you the cost of a charger. It will not and cannot compensate you for perceived stress or lack of respect. You'd achieve nothing. Samsung wouldn't even be there or engage legal representation. A fruitless exercise.

L1011

https://www.boards.ie/discussion/comment/119470355#Comment_119470355

1: no clerk would accept a claim for less than the fee. Which is 25. There's no legal limit

2: low hundreds. Too much effort required otherwise

Flinty997

So basically any company that decides to ignore consumer law on item's or services under "low hundreds" of euro there is no way to bring them to task... And you're ok with that.

I think if I had a problem with an item that's 200 euro the scc is exactly the place to go with that grievance.

Jim_Hodge

https://www.boards.ie/discussion/comment/119479380#Comment_119479380

What? 200 is low hundreds.

Flinty997

https://www.boards.ie/discussion/comment/119479387#Comment_119479387

199 then... Lol or 150

cnocbui

https://www.boards.ie/discussion/comment/119462120#Comment_119462120

The adapter is something that is necessary for the operation of the device, it's not an accessory, but that is totally irrelevant to real issue, which is that EU legislation and the sale of goods act do not provide an out if a company wants to call something an accessory or not. If it's something you bought, EU legislation dictates a minimum 2 year warranty, there is no exemption excluding accessories - which this is not, It's literally the phone's power supply. In short, companies can not make warranties shorter than the legal requirement of 2 years.

Apple once tried this on with me over the power brick of Macbook pro when the cable insulation disolved and fell apart after just 14 months. They said I was outside their 12 month warranty, so I quoted them the EU legislated requirement and they caved, pulling the 'were only doing this as an act of goodwill nonsense' To get the adapter from the bleeps, I had to pay for a replacement, which they refunded after I returned the faulty one.

cnocbui

https://www.boards.ie/discussion/comment/119466776#Comment_119466776

You need to grow up, it's not a consumable item, it's the power supply for the device, without which, it won't function. It's supplied with the phone and is legally covered to the same extent the phone itself is, there is no distinction.

In the case of Samsung phones with fast charging capabilities, most cheap USB adapters won't have the necessary control circuitry or power output to allow fast charging, so just replacing an adapter with a cheap generic USB adapter loses you a significant feature of such phones, which being part of the device and what you paid the high price for, you are entitled to have work and fast charge for 2 years - minimum.

L1011

https://www.boards.ie/discussion/comment/119479452#Comment_119479452

In the OPs case, it was a standalone purchase of the charger, not bundled with a phone. This limits any potential claim to the value of the charger. Which is a lot less than an Apple proprietary one

Flinty997

Thats a good point. I've struggled to find 3rd party chargers that actually deliver their power claims. So many competing standards QC, PD, IQ, Fast Charge, Turbo Charge. Then the cable is also a factor.

Flinty997

https://www.boards.ie/discussion/comment/119479466#Comment_119479466

Probably recommended by Samsung when buying the phone though. It's likely a companion product even if not bundled together.

Jim_Hodge

https://www.boards.ie/discussion/comment/119479452#Comment_119479452

Did you even read his issue? It most certainly, in this case, is a standalone consumable item.

cnocbui

https://www.boards.ie/discussion/comment/119479466#Comment_119479466

That makes it even clearer, it's a stand alone device that was purchased and is individually covered by the sale of goods act, which has the EU mandated 2 year minimum requirement. Whethether one can get legal satisfaction and enforcement of the law is of course unlikely due to the costs. I had to swallow this reality, which morally and ethically I shouldn't, when a button quit on an xbox controller within two years. The retailer claimed it was a consumable. I would have won a legal argument that it was not, but it wouldn't be worth it financially. I think there should be a consumer ombudsman who takes on a minimal sample of such uneconomic cases and prosecutes retailers to keep them honest about such nonsense and honouring their legal obligations rather than relying on legal costs to dodge them.

walterking

https://www.boards.ie/discussion/comment/119479524#Comment_119479524

You do know that the EU mandate you are harping on about does not apply to Ireland.

Try making sure you know what you are on about when giving "advice" as wrong advise can be very detrimental and can have someone very emabarrased if they try and quote something that has no bearing whatsoever on their situation

walterking

If you read the OP's posts, you can see why Samsung do not deal with him.

Jafin

https://www.boards.ie/discussion/comment/119480839#Comment_119480839

Why doesn't it apply to Ireland if we're an EU member state? Genuine question. I just thought it applied to all EU member states, including us, and am interested as to why it may not.

cnocbui

https://www.boards.ie/discussion/comment/119480839#Comment_119480839

What makes you say that?

"Sale of Goods and Associated Guarantees

Consumers’ rights are further strengthened by the Sale of Goods and Associated Guarantees Directive 1999/44/EC. S.I. No. 11/2003 gives effect to the Directive in Ireland.

...

The right to a remedy applies for at least 2 years across the EU. Member States are allowed to set longer time limits (known as limitation periods). In Ireland, the limitation period is 6 years. This means you are entitled to raise a problem about a product for up to 6 years from the date of buying." https://www.citizensinformation.ie/en/consumer/consumer_laws/your_rights_as_consumer_in_ireland.html

That link itself includes a link to the legislation incorporating the EU directive into the sale of goods act.

And from the EU side of things:

"You can also offer the consumer an additional commercial guarantee (warranty). This can either be included in the price of the product or at an extra cost. This warranty does not replace the legal guarantee, which is always a minimum of 2 years, and you must inform the consumer that this will not affect their right to the legal guarantee.

Implementation of legal guarantees and warranties in each country

Each EU country implements the rules slightly differently. You can read more about how you should implement the legal guarantees and warranties in each EU country via the link below."

https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm

Doodah7

God almighty, what a stupid thread. If the OP is completely hellbent on taking Samsung to the SCC, let them off!!! They'll soon run into the buffers anyway. A circular argument over the status of a charger accessory is completely pointless.

beachhead

https://www.boards.ie/discussion/comment/119466757#Comment_119466757

The charger is part of the phone.It comes with the phone.Fonefix in Dublin 18 will replace a faulty charger that comes with a phone

https://www.boards.ie/discussion/comment/119466686#Comment_119466686

more gimping

walterking

https://www.boards.ie/discussion/comment/119480887#Comment_119480887

The Irish Sale of Goods act has stronger protection. So if you are arguing an issue from a legal perspective it is the Irish act you quote. The EU legislation is not relevant.