Legal Assistance for Phone Repair Problems

Questioner

my son's phone broke samsung has a free pick up service phone picked up (13 year old son signs for delivery, on an iPad without a copy of the terms and conditions or anything) I receive the following message via email: repair is not covered by the warranty you have 3 options: 1 repair 160 euros 2 return unrepaired 60 euros 3 give up phone it turns out that the free pick-up service only applies to items under warranty In the meantime my phone is being held hostage and I am given these blackmail options, I have not been told what is wrong with my phone and it has not been made clear that I have to pay 60 euros if the repair is out of warranty my question now is: is this legal?

Lawyer

If the phone was purchased a maximum of 6 months ago, the seller must prove that the defect in your phone was not present at the time of purchase. If it falls outside that range, you must prove it. This is now impossible without inspection. So you are dependent. Next time, it is better to have an independent party look at the mobile, it is probably cheaper. You now also do not know why you have to pay 160 euros and whether the defect was present yes/no at the time of purchase also remains unclear. (in the latter case, you are entitled to free repair or replacement)

Questioner

the problem I have is not so much the possible damage but that the company has my phone and that it costs me 60 euros to get it back (unrepaired), I find that a strange way of doing things. The illusion is created that I have free service but in practice it turns out that whatever I choose (3 options) I always lose money/value. Is it not possible to demand that I collect the device myself, after all, it is my phone? regarding the third party; there is also a risk involved because if it is damage that falls under the warranty then of course I cannot go to a third party all in all a shady way of doing business

Lawyer

That's it. The problem lies in the conditions. However, you are denied any personal assessment and insight into the costs that are unreasonable (shipping costs). Even if you have agreed to them, you could set them aside because of the unreasonably onerous nature. But that won't get you your phone back either. Picking it up would indeed be a possibility, but they will refer to the relevant articles and invoke the right of retention. Unless you are very persistent there, I think this is going to be a problem. The above is at least a learning moment for next time.