Samsung are trying to use their own internal policy to override your statutory rights and it simply does not work that way. The Consumer Rights Act 2015 gives you 30 days to reject faulty or damaged goods and no company policy can shrink that window. Their 72 hour rule is entirely irrelevant in law.
Write to them formally citing Section 20 of the CRA and make clear you expect a full replacement or refund within 14 days before you escalate to Trading Standards and your card provider for a chargeback. PostRight has a Refund Dispute template built for exactly this situation, posted to Samsung via Royal Mail so it carries far more weight than another email at postright.co.uk
Depends on whether you were purchasing as an individual or on behalf of a business, and whether the bit of the Samsung store you used is presented as trade only.
I think things get abit cloudy here as the damage was clearly the result of an accident or mishandling. the consumer rights act protects you against damaged or faulty goods if they were shipped that way by the producer of the product but since it's quite obvious this is a result of mishandling by the parcel delivery company Samsung are on stronger ground to refuse the return (although I still don't think strong enough to flat out refuse given the timeframe is still not even a week). I would still expect samsung to haave taken the return as a good will act as it's an expensive product and they realistically should be able to claim the loss against the delivery company.
I would have thought that damage by the delivery company contracted by Samsung would be treated the same as if it was damaged in Samsung's own warehouse before dispatch - ie, that either way they delivered you a faulty item and so the same legislation applies.
When a third party gets involved things get more complicated, techincally you're correct as from your point of view you have recieved a faulty product. But from Samsungs point of view the product was produced and shipped in an acceptable condition and has been damaged by the delivery company, their policy of 72 hours is not illegal (the policy wouldn't have been allowed to exist by their own lawyers if it was) but I think what matters more is how they apply the policy. I think you are still covered by the law given the situation and the fact you have still been timely in raising the complaint with them (for example had you waited two weeks before saying something it would be much easier for them to suggest you caused the damage and are trying to pull one over them) I would get back in touch with them and say that although you appreciate their policy you were unable to inform them in that timeframe due to it being delivered to a workplace, and that you ARE covered by the consumer rights act in this case and any issue they have regarding the return is for them to sort out with the delivery company, if this still doesnt work threaten legal proceedings as that will almost certainly make them change their mind (especially if like others suggest they know they have no leg to stand on) I wish you luck!
> But from Samsungs point of view the product was produced and shipped in an acceptable condition and has been damaged by the delivery company,
I don't think that matters. The delivery company is contracted by Samsung, not the buyer. They buyer doesn't know, control or have to care whether it's Yodel or hand-delivered by the president of Samsung himself.
> their policy of 72 hours is not illegal (the policy wouldn't have been allowed to exist by their own lawyers if it was)
Large companies often have policies that don't comply with their legal obligations. Sometimes they're reviewed by lawyers but a lot of the time they're not. In this sort of circumstance best case is they get out of giving a refund they were supposed to, worst case is they're eventually forced to do what they legally had to do anyway. It's not like there's any real punishment or penalty for it.
Upon looking at act you are entierly covered and your assumption about Samsung still being liable even though the delivery company damaged it is correct. The issue for you is that since YOU personally didn't recieve the package and (I'm assuming based on where it got delivered) you gave them permission to deliver it to ''a safe place'' in this situation ''my office building’s consolidation centre'' your rights do get reduced significantly as you have allowed others to handle the package, in turn breaking the chain of custody of the item. This makes it much harder to argue a case that the item returned in that condition, unless whoever recieved the package for you documented it's damage on arrival. I still think you're in with a good shot at returning it but you are not as protected by the act as you would have been had you recieved the package yourself.
No, their contract does not override your rights as a consumer.
Tell them they either refund you/replace the item, or you’ll be contacting Trading Standards and the press.
They’ll very quickly change their tune.
Nope they can't do that plus if it is faulty within those first 30 days the assumption is it a manufacturing fault unless they can prove otherwise. And honestly if you can do that much damage to it within 72 hours I'd say its also not fit for purpose! I know it won't help now but next time you receive a parcel that is visibly damaged make sure you film yourself opening it from start to finish, don't just photograph it at each step. A video is much harder to argue against.
\>if it is faulty within those first 30 days the assumption is it a manufacturing fault unless they can prove otherwise
This is irrelivant information
\>And honestly if you can do that much damage to it within 72 hours I'd say its also not fit for purpose!
I'm not sure what logic you're applying here, are you implying that the product should be indestructable? If I got a car delivered and it was all bashed up because someone had taken a bat to it would you also say that?
Your point about video evidence being taken upon delivery is sound, although in this case also rather mute as he wasn't the person recieving the package, he should have instructed the reciever to record the item as it was delivered with the benifit of hindsight but realistically does anyone document the recieving of a package?
No, they can't take away your rights under the Consumer Rights Act 2015.
Which? has a free tool for drafting a complaint letter that you might find useful:
[https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl#how-long-do-you-have-to-return-a-faulty-product](https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act-aKJYx8n5KiSl#how-long-do-you-have-to-return-a-faulty-product)
Also, how did you pay for the monitor? If you used a credit card, you also have protection under section 75 of the Consumer Credit Act.
See https://www.moneyhelper.org.uk/en/everyday-money/credit/how-youre-protected-when-you-pay-by-card for more information.
Retailer is lying. A contractual agreement cannot supersede your statutory rights.
You have the right to a refund under distance selling laws and because the provided item was not fit for purpose.
Don't let them fob you off by blaming the courier. They're the ones with the contract with the courier, not you.
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