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Samsung mobile phone trade in


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Hi, I'm upgrading my phone through Samsung's upgrade programme, they said it was free to send the old phone back.

 

When I received the envelope to send my old phone back, the leaflet says I'm only covered up to £100 if I use their prepaid Royal Mail tracked label. They recommend buying my own Special Delivery label if I want higher coverage for loss/damage.

 

Am I right that under the Consumer Rights Act, they would be liable for the full value of my old phone (£600) for loss/damage if I use their postage label, and they can't limit their liability by stating an insurance limit of £100 with Royal Mail?

 

I would appreciate any advice, thanks.

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Our view is that the insurance requirement is unfair and therefore unenforceable.
What is important is that you declare the value of the item correctly because that is the risk that the carrier agrees to undertake

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How much money, time and effort, in your view, is it necessary to put into establishing that the term is unenforceable? 

 

Would the OP do better to send the phone by a carrier that has terms acceptable to him, at his expense? Or even to keep his existing perfectly serviceable device? 

Edited by mantis shrimp
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31 minutes ago, BankFodder said:

Our view is that the insurance requirement is unfair and therefore unenforceable.
What is important is that you declare the value of the item correctly because that is the risk that the carrier agrees to undertake

I can't declare the value because Samsung have provided the prepaid postage label.

 

Wouldn't Samsung be liable for £600, as they have organised the return, the carrier is irrelevant? 

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They may well be but I think you are getting into a very complicated area.

Although they've provided you with a label, they have actually given you a warning and you can't be sure as to the declared value of the item.

I'm really not sure that I can give you a definitive answer here

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