Faulty smart watch

[djslapper]

Hello,

Got a smart watch on contract on 1st Dec 2020 and its stopped charging/faulty battery. EE organised it to be repaired on got it back a few days later and its developed the same fault again within a month  Samsung have now collected it to be repaired as it has a 2 year warranty but if this happens again I want EE to replace it with a new one but they said they wont - surely EE dont expect me to pay for something thats not fit for purpose??

[Chris_B]

@djslapper  You need to ask Samsung to replace it if the issue has come back as they have already looked at it and supposedly fixed it. 

[mikeliuk]

Hi @djslapper ,

I'm sorry to hear that the level of service isn't what you expect. The below links give some professional advice on the issue and I think it's worth reviewing as the retailer has the primary responsibility for the situation under consumer protection laws and regulations.

It's likely you bought the smart watch stand-alone as a product in its own right, but potentially you may have purchased it with a mobile phone of the same brand so potentially the smart watch could be an accessory to a purchase over GBP 100 which might activate additional protections if you had put some of the cost onto a credit card. Good luck in getting your situation resolved!

https://www.which.co.uk/consumer-rights/shopping/faulty-goods

https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product-aTTEK2g0YuEy

[Chris_B]

@mikeliuk  While the retailer and you can say EE was the point of sale EE will only do what you can do yourself and go directly to the manufacturer as the manufacturer supplies the warranty of the product.  EE doesn’t have to swap the device until it’s been looked at regardless if it’s already gone to Samsung and then come back and issue is still there.  There is a procedure that has to be followed. 

So you can go through EE and EE will then go to Samsung and this take longer than you just going directly to Samsung yourself. 

 The product is a stand alone device and it doesn’t cost over £100 it wasn’t purchased at part of a package as these are not sold in that way,  so not credit card protection.  Plus making a claim via credit card like this also has a contract attached to it and that contract that still has to be honoured.  Best to go the correct way and use the warranty that is supplied with the purchase. 

[mikeliuk]

The consumer's contract is with the retailer and not the manufacturer.

The consumer's purchase was from the retailer and not the manufacturer.

If the OP wishes to approach a third party and release the retailer from the obligations of the retail contract, that's perfectly ok with me.

https://www.which.co.uk/consumer-rights/advice/what-are-my-rights-when-the-digital-element-of-my-sma...

Just to warn of one particular danger based on my personal experience, the manufacturer can easily fob a consumer off by supplying a barely-work, poor-quality, second-hand device and there is no recourse as there is no contract with the manufacturer.

A retailer is much more likely to replace with either a new device or a better-conditioned device as they are not waist-deep in faulty hardware. Once lumped with a dud replacement, the retailer will probably wash its hand of you as the device you are left holding was not supplied by the retailer.

[djslapper]

Already spoke to Samsung and they said if that fault occurs again they will try and fix it again but won't replace it but as for EE, Im paying them for something that's not fit for purpose so I will be cancelling my monthly payments if this happens a 3rd time

[mikeliuk]

Hi @djslapper ,

Perhaps this does not need saying but it is obviously a bad idea for a consumer not to hold up his end of the contract even if the retailer fails to hold up the other end.

Even if you are outside any minimum payment period, you would want to cancel in an official manner in accordance with the terms and conditions you agreed to.

The service provider will not be hurt at all by a consumer unilaterally discontinuing payments but it would hurt us all a lot, and disproportionately, to have a bad mark on our credit record.

The best play would be to take the professional advice that one can easily find on the internet regarding faulty goods in the UK. You can also resolve to stay in store until you escalate as far you can escalate and use their phone to talk to the relevant departments. Hope all goes well!