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False advertising to consumers
The Next CEO of Stack OverflowFighting false debt collectionIs O'Reilly Media engaging in false advertising?Is less than 3 years a legally sufficient lifespan for a TV in the UK/EU?SAMSUNG refuses to honor their warranty. How to proceed?
My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that the phone was waterproof up to 1m in water. Girlfriend was naive (didn't read the manual or googled it) and bought that A7 2018 phone instead. Few days later she tried the 'waterproof test' (Don't ask me why...).
The phone got damaged and stopped working. She took the phone to the store to see if it can be fixed within the warranty. Few days later, an email was received that the damage caused is not covered in warranty (water damage), and that fixing it will cost more than a new phone.
I told her that the odds of getting it fixed for free are close to zero. She got tricked by clerk but cannot prove it.
I want to confirm that here. Are there any laws in EU which could be used in favour of this case?
Small note: The phone was bought in MediaMarkt - multinational chain specified for selling electronics
european-union consumer-protection spain
asked Mar 2 at 11:13
DinoDino
1211
bumped to the homepage by Community♦ 2 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
add a comment |
My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that the phone was waterproof up to 1m in water. Girlfriend was naive (didn't read the manual or googled it) and bought that A7 2018 phone instead. Few days later she tried the 'waterproof test' (Don't ask me why...).
The phone got damaged and stopped working. She took the phone to the store to see if it can be fixed within the warranty. Few days later, an email was received that the damage caused is not covered in warranty (water damage), and that fixing it will cost more than a new phone.
I told her that the odds of getting it fixed for free are close to zero. She got tricked by clerk but cannot prove it.
I want to confirm that here. Are there any laws in EU which could be used in favour of this case?
Small note: The phone was bought in MediaMarkt - multinational chain specified for selling electronics
european-union consumer-protection spain
asked Mar 2 at 11:13
DinoDino
1211
bumped to the homepage by Community♦ 2 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
add a comment |
My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that the phone was waterproof up to 1m in water. Girlfriend was naive (didn't read the manual or googled it) and bought that A7 2018 phone instead. Few days later she tried the 'waterproof test' (Don't ask me why...).
The phone got damaged and stopped working. She took the phone to the store to see if it can be fixed within the warranty. Few days later, an email was received that the damage caused is not covered in warranty (water damage), and that fixing it will cost more than a new phone.
I told her that the odds of getting it fixed for free are close to zero. She got tricked by clerk but cannot prove it.
I want to confirm that here. Are there any laws in EU which could be used in favour of this case?
Small note: The phone was bought in MediaMarkt - multinational chain specified for selling electronics
european-union consumer-protection spain
asked Mar 2 at 11:13
DinoDino
1211
My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that the phone was waterproof up to 1m in water. Girlfriend was naive (didn't read the manual or googled it) and bought that A7 2018 phone instead. Few days later she tried the 'waterproof test' (Don't ask me why...).
The phone got damaged and stopped working. She took the phone to the store to see if it can be fixed within the warranty. Few days later, an email was received that the damage caused is not covered in warranty (water damage), and that fixing it will cost more than a new phone.
I told her that the odds of getting it fixed for free are close to zero. She got tricked by clerk but cannot prove it.
I want to confirm that here. Are there any laws in EU which could be used in favour of this case?
Small note: The phone was bought in MediaMarkt - multinational chain specified for selling electronics
european-union consumer-protection spain
european-union consumer-protection spain
asked Mar 2 at 11:13
DinoDino
1211
asked Mar 2 at 11:13
DinoDino
1211
asked Mar 2 at 11:13
DinoDino
1211
asked Mar 2 at 11:13
DinoDino
1211
asked Mar 2 at 11:13
DinoDino
1211
1211
bumped to the homepage by Community♦ 2 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
bumped to the homepage by Community♦ 2 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
add a comment |
add a comment |
2 Answers
2
active
oldest
votes
"Waterproof up to 1 meter" probably means that if you take the phone, and very gently put it on the bottom of a one meter deep pool, it may survive. That phone will adhere to some standard that says exactly what it means. JUMPING into a pool will not be covered, because when the phone hits the water there will be considerably more water pressure.
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
add a comment |
Assuming she can prove what the sales clerk said, she is entitled to a replacement.
EU consumer law creates a warranty that an item will be fit for the purposes which the vendor states it is fit for. The vendor stated it was “waterproof to 1m” - so it must be.
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
add a comment |
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2 Answers
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active
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2 Answers
2
active
oldest
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"Waterproof up to 1 meter" probably means that if you take the phone, and very gently put it on the bottom of a one meter deep pool, it may survive. That phone will adhere to some standard that says exactly what it means. JUMPING into a pool will not be covered, because when the phone hits the water there will be considerably more water pressure.
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
add a comment |
"Waterproof up to 1 meter" probably means that if you take the phone, and very gently put it on the bottom of a one meter deep pool, it may survive. That phone will adhere to some standard that says exactly what it means. JUMPING into a pool will not be covered, because when the phone hits the water there will be considerably more water pressure.
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
add a comment |
"Waterproof up to 1 meter" probably means that if you take the phone, and very gently put it on the bottom of a one meter deep pool, it may survive. That phone will adhere to some standard that says exactly what it means. JUMPING into a pool will not be covered, because when the phone hits the water there will be considerably more water pressure.
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
"Waterproof up to 1 meter" probably means that if you take the phone, and very gently put it on the bottom of a one meter deep pool, it may survive. That phone will adhere to some standard that says exactly what it means. JUMPING into a pool will not be covered, because when the phone hits the water there will be considerably more water pressure.
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
answered Mar 2 at 15:58
gnasher729gnasher729
11.7k1128
11.7k1128
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
add a comment |
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
Thats actually what she did. She put it very gently in a bath thub. But after checking the manual for that phone I found out that it says it should avoid contact with water. Therefore the clerk is spreading misinformation
– Dino
Mar 2 at 20:50
add a comment |
Assuming she can prove what the sales clerk said, she is entitled to a replacement.
EU consumer law creates a warranty that an item will be fit for the purposes which the vendor states it is fit for. The vendor stated it was “waterproof to 1m” - so it must be.
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
add a comment |
Assuming she can prove what the sales clerk said, she is entitled to a replacement.
EU consumer law creates a warranty that an item will be fit for the purposes which the vendor states it is fit for. The vendor stated it was “waterproof to 1m” - so it must be.
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
add a comment |
Assuming she can prove what the sales clerk said, she is entitled to a replacement.
EU consumer law creates a warranty that an item will be fit for the purposes which the vendor states it is fit for. The vendor stated it was “waterproof to 1m” - so it must be.
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
Assuming she can prove what the sales clerk said, she is entitled to a replacement.
EU consumer law creates a warranty that an item will be fit for the purposes which the vendor states it is fit for. The vendor stated it was “waterproof to 1m” - so it must be.
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
answered Mar 2 at 20:48
Dale MDale M
55.9k23579
55.9k23579
add a comment |
add a comment |
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