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Faulty Tablet
Hi all
I bought a Samsung Galaxy Tab tablet for the wife on 22nd December 2014 in an Argos branch. The tablet cost £399.99 and at the time of purchase, there was an offer on that said that I could claim £50 Cashback 30 days following the purchase but within a further 60 day time limit.
Unfortunately, I was hospitalised for four months during the following January, which meant the cashback offer expired. On top of this, the wife has had problems with charging the laptop since about six months after purchase - it sometimes fails to charge fully even after being left overnight.
I'm thinking about taking the tablet back to Argos with the receipt, but my gut feeling is that they will show me the door as it's out of guarantee. However, I thought I had read somewhere that electronic stuff like this should be expected to last a reasonable period of time that might exceed any guarantee given by the retailer. Is there some law or regulation to that effect? I'd like to make my case to the retailer as I doubt that Samsung would be prepared to replace or repair the device free of charge.
Thank you.
I bought a Samsung Galaxy Tab tablet for the wife on 22nd December 2014 in an Argos branch. The tablet cost £399.99 and at the time of purchase, there was an offer on that said that I could claim £50 Cashback 30 days following the purchase but within a further 60 day time limit.
Unfortunately, I was hospitalised for four months during the following January, which meant the cashback offer expired. On top of this, the wife has had problems with charging the laptop since about six months after purchase - it sometimes fails to charge fully even after being left overnight.
I'm thinking about taking the tablet back to Argos with the receipt, but my gut feeling is that they will show me the door as it's out of guarantee. However, I thought I had read somewhere that electronic stuff like this should be expected to last a reasonable period of time that might exceed any guarantee given by the retailer. Is there some law or regulation to that effect? I'd like to make my case to the retailer as I doubt that Samsung would be prepared to replace or repair the device free of charge.
Thank you.
Answers
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2years warranty on 'sale of goods act'.
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I use a samsung tablet that seems to collect static or summat. To charge fully I plug it in but need to remove & reinsert the USB from 13amp plug.
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I use a samsung tablet that seems to collect static or summat. To charge fully I plug it in but need to remove & reinsert the USB from 13amp plug.
It fails to charge fully each and every night. Some nights it charges only up to 30% even after being left to charge overnight for 12 hours. After it has charged to 30%, simply unplugging the charger and switching the tablet back on will cause it to lose up to 5% of this 30% charge.
The wife informs me that it showed evidence of failing to charge full whilst I was still in hospital. I estimate the fault was evident about 3 months following purchase although it may be less.
The wife informs me that it showed evidence of failing to charge full whilst I was still in hospital. I estimate the fault was evident about 3 months following purchase although it may be less.
Your statutory rights are, as you've suggested, are in respect of your contract with the retailer (rather than with the manufacturer, with whom you've never had a contract).
Within the first 6 months after purchase there's an automatic assumption in law (unless there's clear evidence to the contrary) that any fault that develops with an item must have come about through an 'inherent fault'. (i.e. something which was wrong at the time of purchase, such as a defective product or the poor use of materials or workmanship). The retailer is then obliged to repair or replace the item.
Thereafter the retailer continues to be obliged to repair or replace an item which has become defective due to an 'inherent fault' (usually for a period of up to 6 years) but it's up to the purchaser to show that the problem is related to an 'inherent fault'. Theoretically that might mean that you'd need to get an independent expert to certify that the most likely cause of the problem was such an inherent fault but, in practice, simply challenging the retailer to suggest any likely alternative might be all that's required.
So hassling Argos (and not taking 'No' for an answer) might do the trick.
A guarantee/warranty is completely separate to your statutory rights. It's a 'gift' from (in most cases) the manufacturer, rather than the retailer and can be as generous or as limited as the manufacturer (or retailer) chooses to make it. However Samsung UK provides a warranty on Galaxy Tab products lasting 24 months. So (if you get no joy from Argos) you should still be able to fall back upon the warranty provided by Samsung. Phone 0330 726 7864 to contact Samsung UK Support (Mon-Sat 0900-1800).
Within the first 6 months after purchase there's an automatic assumption in law (unless there's clear evidence to the contrary) that any fault that develops with an item must have come about through an 'inherent fault'. (i.e. something which was wrong at the time of purchase, such as a defective product or the poor use of materials or workmanship). The retailer is then obliged to repair or replace the item.
Thereafter the retailer continues to be obliged to repair or replace an item which has become defective due to an 'inherent fault' (usually for a period of up to 6 years) but it's up to the purchaser to show that the problem is related to an 'inherent fault'. Theoretically that might mean that you'd need to get an independent expert to certify that the most likely cause of the problem was such an inherent fault but, in practice, simply challenging the retailer to suggest any likely alternative might be all that's required.
So hassling Argos (and not taking 'No' for an answer) might do the trick.
A guarantee/warranty is completely separate to your statutory rights. It's a 'gift' from (in most cases) the manufacturer, rather than the retailer and can be as generous or as limited as the manufacturer (or retailer) chooses to make it. However Samsung UK provides a warranty on Galaxy Tab products lasting 24 months. So (if you get no joy from Argos) you should still be able to fall back upon the warranty provided by Samsung. Phone 0330 726 7864 to contact Samsung UK Support (Mon-Sat 0900-1800).
After six months from the date of purchase it is the responsibility of the buyer to prove the item was inherently faulty so if Argos don't play ball you will have to get an independent expert report.
Realistically the most you can hope for after this length of time is a repair. The Sales of Goods Act 1979 states that items must be as described, fit for purpose and of satisfactory quality.
Your case is against Argos, and that is where you bought the tablet from and who you have the contract with. You should tell them that the tablet is not of satisfactory quality as you would expect a £400 tablet to last more than 19 months and the failure to fully charge makes the tablet unusable.
Realistically you should expect a repair, which will be a replacement battery. I am not familiar with your tablet but suspect it is a sealed unit and the battery is not supposed to be replaced by the consumer.
Stick to your guns and quote the Act. If they say the Sales of Goods Act no longer applies point out that it does in your case because you bought it before 1st October 2015 when the Consumer Rights Act came in to force.
Let us know how you get on
Realistically the most you can hope for after this length of time is a repair. The Sales of Goods Act 1979 states that items must be as described, fit for purpose and of satisfactory quality.
Your case is against Argos, and that is where you bought the tablet from and who you have the contract with. You should tell them that the tablet is not of satisfactory quality as you would expect a £400 tablet to last more than 19 months and the failure to fully charge makes the tablet unusable.
Realistically you should expect a repair, which will be a replacement battery. I am not familiar with your tablet but suspect it is a sealed unit and the battery is not supposed to be replaced by the consumer.
Stick to your guns and quote the Act. If they say the Sales of Goods Act no longer applies point out that it does in your case because you bought it before 1st October 2015 when the Consumer Rights Act came in to force.
Let us know how you get on
Thank you all. You've all been very kind. I'll contact Argos this week and let you know how I got on.
Having looked at the Samsung website, they seem to be very receptive to complaints and look like they could be helpful. I take it it would still be best to contact Argos first though? I do realise my contract was with them rather than Samsung.
Having looked at the Samsung website, they seem to be very receptive to complaints and look like they could be helpful. I take it it would still be best to contact Argos first though? I do realise my contract was with them rather than Samsung.
Good news Chamois...
Samsung repair tablets and phones free of charge within two years from the purchase date.
I had a faulty tablet that had a very weak connection to my Wi-Fi. After on-line chats with their technicians I was asked to send it in for repair (they paid for postage!). Seven days later it was back with me and working fine.
At the time of contact with them(Samsung), my tablet was 1year 11months and 1week old... they fixed it without charge.
Go to their website and speak/email with a technician.
I think you'll be pleasantly surprised at their willingness to help you.
Samsung repair tablets and phones free of charge within two years from the purchase date.
I had a faulty tablet that had a very weak connection to my Wi-Fi. After on-line chats with their technicians I was asked to send it in for repair (they paid for postage!). Seven days later it was back with me and working fine.
At the time of contact with them(Samsung), my tablet was 1year 11months and 1week old... they fixed it without charge.
Go to their website and speak/email with a technician.
I think you'll be pleasantly surprised at their willingness to help you.
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