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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.

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[Deleted User]

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.

walterking

https://www.boards.ie/discussion/comment/119481451#Comment_119481451

If you read the OP, the charger was a separate standalone item. It did not come with the phone, just in the same delivery as the OP ordered a phone too.

jahalpin

The OP didn't buy anything from Samsung, they bought from Exertis Ireland Limited , if they want to sue anyone for the EUR 30 that they paid for the charger they have to sue them

rob316

A charger? Cop on OP and go out and get a new one in one of the dozens of shops that sell them. Chargers go faulty all the time.

Suing for stress? Some people really have nothing to do with their lives

Flinty997

https://www.boards.ie/discussion/comment/119497135#Comment_119497135

Crap cheap ones certainly do.

If I was buying a 1k phone I would want to be a better educated about what you're electrocuting your phone with.

A good charger with the latest standards are not cheap. Some are proprietary to the phone to charge optimally.

jdon72

Book a repair here for the charger - https://www.samsung.com/ie/support/repair/

Jim_Hodge

https://www.boards.ie/discussion/comment/119497297#Comment_119497297

It's the one he bought. It's separate to the phone. Not sure what your point has to do with the OP wanting to sue for €2000 for stress and disrespecting him.

whomitconcerns

https://www.boards.ie/discussion/comment/119470381#Comment_119470381

User Replaceable Chargers and batteries for laptops and phones are seen as consumables whether you like it or not.

Certainly if you want to try chase them for the direct cost of one of the above, go ahead and waste your time and money and sure you may win!

However, mentioning that it's anything to do with your phone (or laptop) cost.. Will have you laughed out

[Deleted User]

https://www.boards.ie/discussion/comment/119500352#Comment_119500352

No idea why this was directed at me?

whomitconcerns

Mobile app going to wrong person... Just directed to OP

Thor

Ive noticed OP said he would claim 2k for the phone as well.

The issue here is that Samsung don't ship chargers with their flagship devices. This means the charger was bought separately. This means it has nothing to do with the phone in question, however , even if it had, you were never going to be able to claim against the phone itself, since that was not the issue.

It's clear OP is mostly pissed off due to the lack of support from Samsung, and that is the case for many folks. Best thing OP can do is simply don't buy Samsung products going forward. Sadly that doesn't actually solve anything, but if Samsung are causing you stress. Then you can avoid them. Your going to waste time and money going after them for a 30 euro charger.

Also for future reference, your best of kicking up a stink on twitter and other social media. try to keep it public for as long as possible for going for DM's.