hi

my daughter purchased from vodaphone

( what a waste of space they are rude and could not be bothered )..

she had a Samsung curve 7 for 3 days and dropped it from about 6" and the screen cracked....

I have looked at their selling adverts and it shows it being bent dropped from height an being bent and not cracking...,.

I have contacted them and they said tough cracked screen voids warranty...

.that was 8 months ago and the phone worked perfectaly..

.she woke up last Tuesday and the phone was completely dead

contacted Samsung and they said take it to their shop in surrey quays which she did...

.they said they could not do anything so could not help....

just need to know if it is false advertising and what are her rights..

.thanks paul

so how old is the phone?

hi it is 10 months old

then under CRA you would need to get some kind of report on its condition and what is wrong

[did Samsung give you one?]

then using that you send it off to the retailer [Vodafone]

they are obliged to either repair refund or replace at their digression.

that would be 'discretion' I presume, not digression?

Although, I would add a caveat that the cracked screen would not be covered under warranty.

Your Daughter dropped the phone and neither Samsung or Vodafone are liable for that. So if they choose to repair it, your Daughter would be liable for the price of the replacement screen, and/or a portion of the handset cost if they chose to replace it.

that would be 'discretion' I presume, not digression?

the wonder of predictive text on these phones...

the problem with cracked screens is over time they let moisture in.

not sure where you are but locally here if you get the screen off ebay/amazom yourself its about £40 to fix it.

but yes the issue ofcourse is going to be the screen fixing and if/if not that's has caused the phone to die

not worked on many s7's but i'd plumb the two are related

replace the screen and p'haps the touch pad and I bet it will work

Just to add to all that this, that I think that this is not really a question of warranty. This is a question of Consumer Rights Act. Cracked screens may not be covered by the manufacturers warranty – but if the phone fails to perform as a consumer might reasonably expect it to perform for a reasonable period of time then you would be covered under the consumer rights act and the seller would be the person who would be obliged to deal with it.

If the advertising of Samsung is that the telephone should be able to take a drop from 1 m – but in fact it's not even able to survive a drop of 6 inches then there is no doubt in my mind that this is a breach of the seller's obligations under the Consumer Rights Act.

Unfortunately, you have left it so late that I think you have lost any hope now of making the complaint. Secondly, there is also the problem of proof. It would be very easy for you to say that it had been dropped from 6 inches – but how could you prove it? And how could the seller disprove it?

I think it would put you in such a difficult position that you would have a very hard job to enforce the seller's obligations – even in a County Court.

However, – although it's too late now – it's a shame that you didn't deal with this immediately after it was dropped. You've been a member here since 2006. I'm completely puzzled as to why you didn't come here earlier and seek advice when the matter was absolutely fresh.

I'd agree with you BF on most of what you say, but I'd bet that somewhere, regarding Samsung's 'drop tests', it will say "under test/laboratory conditions". Which we all know don't really reflect the real world (much like vehicle fuel consumption figures )

hi bf this is my daughters so she know a lot more than me as a father or so she thinks......she thought because it still worked everything was ok.....so never said anything earlier.....but have taken all you said and will let her know..i know that Samsung will not do anything as money and humans are not important to a big company like them...don't like it go somewhere else attitude.....

I'd agree with you BF on most of what you say, but I'd bet that somewhere, regarding Samsung's 'drop tests', it will say "under test/laboratory conditions". Which we all know don't really reflect the real world (much like vehicle fuel consumption figures )

Although it's academic now, I don't think there's any court that would say that Samsung's tests which were used as part of their advertising were not intended to create a reasonable expectation in the minds of consumers.

Can you imagine if Samsung published the tests and then actually said that consumers are warned not to rely on these tests in real life use.

hi bf this is my daughters so she know a lot more than me as a father or so she thinks......she thought because it still worked everything was ok.....so never said anything earlier.....but have taken all you said and will let her know..i know that Samsung will not do anything as money and humans are not important to a big company like them...don't like it go somewhere else attitude.....

yes, I have a teenage daughter as well!

are we in agreement that the Samsung curve 7 mobile adverts are mis-leading and false....surley this needs to be brought to the attention of the relevant authority....they are still advertising this now so a lot of other people must be under the same illusion...

I'm afraid that the "relevant authority" has no interest in helping individuals and once again you come across the same problem of proving that it was simply a 6 inch drop. The kind of thing that might interest a "relevant authority" is if there were a deluge of complaints or if there were judgements against the company.

I think the only thing you can do is to put up reviews on Amazon, trust pilot, anywhere else you can and see how many other people come out of the woodwork and agree with you.

Even that probably won't make any difference.

The only way to deal with this kind of thing is rapid aggressive action in the County Court. You have to react and you have to do it fairly quickly.

You could also buy phone insurance next time as well, it's only a few pounds.

H

Only the ASA can require Samsung to withdraw a misleading ad.

EU & UK provide some Consumer Legislation against Manuf defects, but relies on buyers commonsense with use.

Unless Samsung offered a guaranteed shatter-proof screen, from a min drop height of say 1 metre, I fear any claim will be rejected.

Accidents happen, which can normally be covered by Ins by Owner.