The seller does not comply with Italian warranty law | Questions and answers among users

dady76bay · 2024-06-17T17:17:03.813000Z

Hello, I bought a Samsung smartphone. Once I received it, I transferred the data from my old Samsung to the new one and everything went well: the smartphone was working properly and all the data was there. At that point I connected the smartphone to my laptop via the official Samsung Smart Switch software to make a backup: the software notified me that there was an update and I started it. After a few minutes the smartphone showed a solid green screen indicating an update error and it was no longer possible to do anything (restart, shut down, restore, nothing). I contacted the seller, pointed out the problem and proposed returning the smartphone (even paying for the courier myself!) and sending a new smartphone, while they could take care of sending it to Samsung support. I would like to point out that under Italian law it is the seller who must deal with the warranty (as can be read here https://www.mimit.gov.it/it/assistenza/domande-frequenti/le-garanzie-post-vendita-domande-frequenti-faq and here https://www.laleggepertutti.it/446055_chi-risponde-della-garanzia-di-un-prodotto) in particular: "Who must provide the warranty?The obligation to provide the warranty in the event of defects in the purchased item lies with the seller, regardless of whether the defect is attributable to the manufacturer or not. In fact, it is with the seller that the buyer concludes the contract (the sales contract), and it is the seller who is responsible for any consequences arising from the malfunction. The seller will then have the right to seek redress against the manufacturer and ask to be covered by them." The seller refused, telling me to contact Samsung support directly (which is 50 km from my home). I should add that I left negative feedback for the seller, but it was immediately removed: I asked eBay support for clarification on why.

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The seller does not comply with Italian warranty law | Questions and answers among users | eBay Italy