The mysterious case of a cracked Samsung Galaxy S3

With any new product it is important to check for physical damage and then to check that it is in full working order. If not, it must be rejected promptly. I have never heard of anyone having difficulty in exchanging a new product, other than a car.

Customers deserve protection, but so do retailers and manufacturers.

The Galaxy S3 has a very large screen, making it much more vulnerable to damage than an old mobile with a tiny screen. It would be relevant to know what advice Samsung give regarding how it should be treated. If this has been followed and the screen breaks then the product is – in my mind – not of satisfactory quality.

On another Conversation there have been many reports of faulty Kindle ebook readers and it seems likely that at least some of the failures are due to mechanical damage. One person took their Kindle apart and saw evidence of fracture behind the screen.

It does seem that manufacturers have been too keen to provide ultra-thin products that may not be sufficiently durable for everyday use. Perhaps it is time for independent experts to assess and test products to see if they are really too fragile to be practical.

If there is any doubt about whether the customer has damaged a product or whether it was not sufficiently durable, the customer should be given the benefit of the doubt.

I have read that the replacement for the S4 could be ‘unbreakable’, so maybe Samsung realises that the S3 is not up to the job. Any company that does market a product as unbreakable could be setting a challenge and might have to revise its description.

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steve morrell says:

24 July 2013

I have just requested that Samsung return my Galaxy S 3 l t e after they decided that my screen had cracked through miss-use .I am not prepared to pay £125 for a piece of glass that has broken through a design fault . I have spoken to a number of people on this issue who have experienced the same problem . One of those people manages a mobile phone shop and has stated that he has never known so many disappointed Samsung galaxy S 3 owners and is constantly approached by customers with broken screen problems . When I contacted Samsung directly to inquire about my screen I was told they have never received a complaint . Personally I think they need to wake up to what could end up being a costly problem . The phone shop manager told me that they are aware of the problem and that they try and steer their customers towards I phones or the new Nokia . He feels that if Samsung own up to the problem the floodgates will open . Personally ,I am going back to an I phone and the S 3 can go in the bin . My wife also runs a Galaxy ( not the s 3 ) but on termination of her contract she too will be changing manufacturers .The phone itself is a really decent unit but it is by no means perfect . Mine was kept in a leather case and as a 63 year old feel that I have been totally responsible during my ownership . I also have a 3 year old” I ” phone 3 g s which is in mint condition and going back into service . Take a look on e bay and see how many people are selling s 3″s with broken glass screens. My fault started with a small discolouration on the bottom of the screen and every time I picked the phone up to use it another crack appeared until eventually the whole screen was cracked just about everywhere . Get your act together Samsung and sort this out !!!!!!!

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I think the important thing is that consumers are aware of their rights if they find themselves in similar situations. It can be tricky to know what the law dictates with faulty goods, and greater knowledge of your rights under the Sale of Goods Act can mean you’re not left out of pocket for things that are not your fault. Knowing your rights as a consumer makes you more powerful as an individual, which is no bad thing.

Retailers and manufacturers do have rights too and beyond six months, it’s up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light. But within a reasonable time frame the onus is on the seller to prove the fault was not present at the point of sale.

There does seem to be a trend for super-thin phones these days – I remember my first one was chunky with an aerial! Internet access was but a distant dream…but at that point I think my main criteria was whether I could play Snake on it.

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wavechange says:

I agree that consumers need to know their rights. They also need to have the courage to face up to sales assistants and managers who may try to deny that they have rights. I don’t often shop in Currys but I can give several examples of unsatisfactory treatment regarding recently purchased products. My personal favourite was when I was told that the Sale of Goods Act did not apply to them. 🙂 On another occasion Currys would not accept the return of a Miele vacuum and insisted that I contacted the manufacturer. I did and received excellent treatment, knowing well that it was the responsibility of Currys to sort out the problem. My only success with Currys has been to get a different manager to swap a mobile, after their repeated failure to fix a problem on a phone that I had first returned within a few weeks of purchase and had been kept for emergency use in the glove box of my car.

As I see it, the consumer effectively has a hassle-free guarantee for six months and many retailers will deal with problems for a full year or however long the guarantee lasts for. After that, the chance of having a faulty product repaired or replaced is very slim, from what I have been told by friends and my own observations.

Which? often mentions the Sale of Goods Act but I have not seen any advice on how to get an expert’s report to provide evidence that a fault was present at the time of manufacture, and how much an expert’s report is likely to cost. In many cases the fault will not have been present at the time of manufacture but due to fragile construction (that could apply to the Galaxy S3) or overheating (a likely cause of screen problems with thin Sony TVs).

The best way to protect the consumer is to push for longer warranties and to promote companies that offer them. The best way to protect the manufacturer is to incorporate abuse detectors in their products. For example, moisture detectors have been included in mobile phones for years.

I don’t know about the Snake game. My mobile is probably not advanced enough. 🙂

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Blimey, saying the Sales of Goods Act doesn’t apply is definitely not the case!

As far as expert opinions are concerned, there are a couple of things to think about. Whatever expert you use you choose to use, you should ask your expert to include the following:

what the problem is
what the cause of the problem is (i.e. bad workmanship, inherent defect, faulty components, etc)
what needs to be done to put the matter right
how much this will cost
if relevant, photographs, diagrams, plans, etc

Also, try to keep the cost of the report below £200, which is the maximum that you can recover for the cost of an expert’s report in the small claims court. Hope that helps!

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wavechange says:

Thanks for this information, Florence. I will keep a note of it for future reference.

I have never tried to get an expert opinion and I don’t know anyone who has. Even getting electronic goods repaired is very difficult. I had a TV with an intermittent fault and eventually found a local repairer. They had my TV for nine months, apart from short periods when I was given it back with the same fault. I even discovered that they had not replaced a part mentioned on their invoice, which they claimed was ‘a mistake’. I still had to pay about £35 for their inspection, but got most of my money back. Trading Standards was not interested because they did not have other complaints about the company. I did what almost everyone else does and bought a new TV and had the old one recycled.

If I can’t get someone to fix a TV, I wonder where I could get an expert to provide evidence that something like a Samsung Galaxy S3 has a design fault. If they decided I had damaged the phone, it would be a very expensive way of finding out.

I don’t believe that the Sale of Goods Act is affording us the protection we need.

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David says:

21 June 2013

Thanks for your post i have successfully had t-mobile replace a cracked screen samsung galaxy note 2 with a brand new handset. All reading this do use your rights as it really helps. I got a note 2 3 months ago and omled screen cracked & words wrote in here i used and now t-mobile is replace all kit got free.

Under the Sale of Goods Act 1979, any product you buy from a retailer has to be of satisfactory quality and if the fault develops within six months the law assumes that the fault was inherent in the phone unless the retailer can actually prove otherwise. The retailer can choose whether to give you a replacement, arrange for a repair or refund you, but they have a duty to do one of these. Often retailers will try to pass the buck but it pays to be persistent.

If you are having a problem with the retailer, I would suggest you write to them and say you are exercising your right to have the faulty phone repaired or replaced – http://www.which.co.uk/consumer-rights/action/letter-to-complain-about-a-faulty-mobile-phone-/

Another possible option is to claim under your credit card provider if you paid by credit card. Under Section 75 of the Consumer Credit Acct the credit card provider is jointly liable with the retailer so you can write to the credit card provider outlining the fault.

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25 June 2013

Hi David – Thank you very much for your comment. I’m really pleased to hear that our advice was helpful to you and that persistency paid off. It’s certainly always useful to know your rights in these situations! Enjoy your new handset.

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ginswin says:

I have had my Samsung Galaxy S3 bout 6 months now. I went to use it the other day
And I noticed loads of spider type cracks. They are at the top by the
Speaker. I have it in a case I haven’t dropped it or knocked it.
I phoned Samsung as I googled it and lots of people are having the
Same problem. They didn’t want to know said I’m not covered and it’s £150
to replace. I’m not paying for something I haven’t done. I am totally devastated
As the cracks are getting worse. Where do I stand. Not happy at all.
I will be taking this further. What ever u do. DON’T BUY A SAMSUNG GALAXY S3.

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wavechange says:

If it was under six months old when you reported the problem then you could have a valid claim, though that would be against the retailer rather than the manufacturer I believe. Best of luck.

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Hi ginswin – sorry to hear you’ve been having a hard time with this. Have you tried to talk to your mobile phone provider about it? Your rights are against the retailer, not the manufacturer.

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ginswin says:

Hi Florence

I will do. I had no luck with Samsung. May have to go to Watchdog
Or Trading Standards. I am very angry

Thanks Paul

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Rachael says:

I will back you if you go to watch dog and me and my company are far from happy with our samsung s3 model and the mysterious cracks!

Rachel!

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Andy says:

27 December 2012

My partner’s Samsung Galaxy S3 smartphone also developed a hairline crack at the beginning of December for no apparent reason and it’s getting bigger and continues to grow as time passes. This phone is only four months old.

We contacted Orange (EE) by phone on at least four occasions to advise them that we were going to cancel our contract/direct debit as the Galaxy S3 contravenes the 1979 Sales of Goods Act and, surprise surprise, they denied any knowledge of any problem with the Galaxy S3 and told us to contact Samsung as it was their problem and not Oranges, they were as much use as a chocolate teapot. We also contacted Samsung and they weren’t any better either. Both are denying any knowledge of any problems with the gorilla glass 2 on the Samsung Galaxy S3 developing hairline cracks for no apparent reason and both are refusing to do anything about it. We realise that the responsibility lies with Orange/Everything Everywhere as the contract is them. The phone was even sold to her for £30.00 by EE.

We have since sent a letter recorded delivery to EE to their head office and gave them 7 days to reply. Finding EE’s head office address was an achievement in itself as it took a 20 minute phone call and being passed from pillar to post to ascertain from EE what their head office postal address is. It’s little wonder that Orange have topped the list of the most complained about company in the UK.

For anyone wanting EE’s (Orange) head office postal address it’s Everything Everywhere Ltd, Hatfield Business Park, Hatfield, Hertfordshire. AL10 9BW. Company Number from Companies House.Gov is 02382161.

As yet, we have not heard from EE, but we have had the festive period to contend with too. We will be giving EE until just past the New Year to reply and then we will be writing to them again, recorded delivery, confirming the cancellation of the contract and will cancel the direct debit.

Will update if/when any response from EE.

Andy

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Rachael says:

HI, Have you heard anything? I am having excatlythe same problem. I am considering watchdog as the next step!

Let me know

Rachael

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John Stevens says:

Hi Rachael. Have finally got a good result. Three are giving e a new phone. See my updated post. Am happy to share letters I sent them

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Bec C says:

20 August 2015

Hi John,

I have a Sony xperia Z3 which shattered in my hand, EE couldn’t care less and Sony want me to pay to get it fix saying I damaged it! I didn’t. If you still have the letters please could you share? Many thanks..

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ginswin says:

7 February 2013

I have finally got my Samsung Galaxy S3 back from Ee repair shop. They have gad it since Dec 27th and they said its not covered under the warranty. I am now going straight to samsung. If no luck with them. I will be going to Trading Standards. I am not paying for something which I believe is a fault with the phone. Keep you posted. I am really angry.

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John Stevens says:

9 February 2013

I have exactly the same problem with my galaxy s3. I got the phone at the end of November on my three upgrade. Two nights ago I left my phone on the mantle piece. The next morning I come down to discover a hairline crack. Went into three store today. They said it will cost me twenty pounds to send it for assessment and then repair cosy. Why? It is not my fault. And the phone is less than old!

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Rachael says:

What was the outcome regarding your phone. Same thing happened to me and Samsung are claiming no one has ever complained to them about this? trying to get proof that that is wrong! will be cancelling my contract with EE and not going back to a samsung either!

Rachael

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John Stevens says:

Went back to three store, kicked up a big fuss saying there is documented evidence of these cracks and quoted sale of goods act to hem. They sent the phone off without the initial £20 charge. Am still waiting to hear back from them!

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John Stevens says:

20 February 2013

Had a letter from Three this morning…..says that the damgage is physical and therfore not covered under the warranty. So have given me four options: 1) get phone upgrade (haha, that what i have just done!!) 2.) They repaire the phone for £80 and won’t charge me £20 admin fee 3.) Talk to my insurance company (but I am pretty sure my excess is £50!)
or 4.) They will return the handset inb its present condition, but will apply the £20 admin fee!!

I am phoning them later so await the outcome……

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ginswin says:

21 February 2013

Hi Rachael and John no good not covered under warranty EE said absolute joke. Im up for going
To Watchdog as we are all getting fobbed off. Obviously a problem
With Samsung Galaxy S3.

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John Stevens says:

16 March 2013

Have been in to Three shop today, all I can say is they are probably the rudest shop staff I have ever come across! Basically, when the phone came back…the first time…it can back with more damage than it was sent with! Shop very reluctant to sort any compensation out. Eventually got a really crap loan phone from them! Phone sent away again. They have said I have to deal with customer services, not them! Priceless! So, spent near enough an hour to the call centre this afternoon. At least it meant I didn’t have to watch the humiliation in the rugby! Have got five weeks credit from them, lodged a complaint and am now awaiting a return call from complaints next week. My demand have been noted – more compensation, a minimum of another months credit, my phone repaired free of charge…..or, as I have stated an alternative phone of equal value….if not then I have said I will report them to trading standards, watchdog etc, and if they don’t do anything then my custom will go elsewhere…so I will happily support any reports to watchdog etc you want to take…..

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ginswin says:

16 March 2013

Ill back u 100 percent joke being fobbed off. Im Angry

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John Stevens says:

19 March 2013

Have begun to make some progress…..three complaints rang! The woman admitted that they had seen other cases like this! She then said that it was a Samsung problem andi should speak directly to them……clearly trying to get me off their backs! I didn’t accept this, saying Samsung had already told me to go through my retailer. My complaint has now been “escalated” and I can expect another member of complaints to contact me. I can begin to see a happy outcome……….

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John Stevens says:

Result!!!! Finally….sent letters/ emails to Three customer services in Glasgow two wee ago. Thus was after conversation with very rude call centre guy, who still wouldn’t accept any of my issues. Got holding email back. Then surprise surprise….a very aggressive call from call centre guy, who lied through he teeth.ni then emailed Glasgow again. Today get phone call from Glasgow. Very helpful chap explains what he has been doing I sort situation. Explains Samsung refuse, even to him, I accept they have a problem with the phones. He says he has seen from the Internet links I gave him that there is a problem. He explains that because of this, the hassle I have had and the fact that I am a valued customer, that he will replace the phone! So we phone arriving soon. It’s taken time, patience and nerve but it is possible to get a good outcome from this. Am more than happy to share letter that I sent if anyone wants.

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John Stevens says:

Have just posted an update…..have finally gota result, Three are giving me a new phone!

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ginswin says:

27 June 2013

Hi John

Still had no luck give up. Been to Samsung said it was EE or Orange

Pass the buck. EE did send it for repair but then said had to pay 150 pounds as cracked screen not covered under warranty.

Dont know wat else to do. Phone is usable but still cracked

Im not paying for something that I haven’t done anything wrong

Thanks Appreciate it if someone could get bk to me.

Ginswin.

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Harinder says:

12 March 2013

Hi can someone please help me. I’ve purchased a Samsung s3 lte for my 60yr old mum. The phone is faulty. You can’t answer calls sometimes, or end call the phone locks itself whilst dailing out, back light decreases and increases randomly. On the 13th day of her new contract my mum went back to the ee store and was told to keep using it and maybe she wasn’t using it correctly!! I went in 2 days later on my first day off work and was told that an exchange was only valid within 14days, so tough. I could sent it for repairs or upgrade the software myself.
I upgraded the software called orange and they spent hours daignosing the problem but found nothing and told me to go to the store. So back to the ee store hrs of waiting and the phone can only be sent for repair as its over 14days. 15days later I pick up the phone after repair and the phones worse!! No the if I do manage to make a call from it people can’t hear me!! Called orange and spent 2hours on the phone only to be told they won’t replace handset but I can send for repair again and keep sending until device centre fix fault?!?
I’ve brought into a 2yr contract for mum they phones been at we shop longer then with us. Can I do anything?? All I want is a replacement.

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wavechange says:

Your mum reported the problem within 13 days, so I suggests she goes back and asks for a little goodwill. If they are difficult, try again when a different manager is on duty. Best of luck!

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