Help Please: Mobile Phone Screen Cracked inside Sealed Box

Lbtech on 12/12/2018 - 19:26

Hi all,

Warning: long post
TLDR: New Samsung phone from reputable seller and in sealed box has a smashed screen. What now?

Let me start by saying that I am prepared that this is going to be a difficult one and I may not like what you all have to say. I'll accept everyone's opinion regardless of whether in my favour or not. However, what I'm looking for is some constructive advice on what my best options are.

OK, the story. I bought a new Galaxy S8 phone from a reputable seller on ebay (I'm not going to mention their name for reputation reasons and also as the situation is currently unresolved.) I bought the phone two weeks ago.

The phone was delivered to my company's office where it was signed for by one of the staff and given to me unopened in the original soft satchel in which it was sent. I then opened the satchel and saw that the phone box was inside a bubble wrap packaging "pouch". I removed the box from the bubble wrap and checked it for damage. It was completely undamaged. I then put it back in the bubble wrap pouch.

The phone remained in the bubble wrap packaging between the date I received it and today (approx 2 weeks later) when I gave it to my wife as a gift. The phone was in a safe and secure environment (mostly my backpack during transit and then in a drawer - but always in my custody) until today.

Today, after I gave the phone to my wife, she removed it from the bubble wrap, removed what seemed to be the original sealed shrink wrap from around the box and cut the Samsung security seal sticker (which also appeared to be completely original and intact).

She then opened the box. As soon as she looked at the phone, she could see that the screen was chipped on the side. Upon closer observation there is a small indentation on the actual non-glass part (plastic or metal?) directly next to the screen "chip" so the phone was definitely impacted.

I contacted the seller and send photos. Their response was that since there was no observable damage on the packaging, the phone must have been dropped outside of the box (I assume they are implying by us) since the phone is absolutely brand new.

They did also ask me to remove the screen protective film to see the full damage. Upon removing this, it became obvious that there was also a significant impact on the flat screen surface also.

I've looked closely at the photos I took immediately after opening the box and seeing the damage and I don't see any air bubbles or any indentation/damage on the screen protector film at all (which I would expect to see considering the way the damage looks.) My wife opened the box in a place where I can't even imagine how this damage could have been caused.

The seller now wants me to return the phone by post so that it can be sent to Samsung to test that no one has previously used the phone (and therefore I assume that would mean that it could not have been anyone but us that smashed the screen.) They also said that if Samsung says the damage wasn't caused by them then "we'll go from there".

I am reluctant to allow that because once I let the phone out of my custody, who knows what can happen (intentionally or not) that would hurt my case.

They have not been unhelpful as such and I do understand that they are faced with a couple of tricky things here:
1. I've had the phone for 2 weeks before opening it
2. There is no way for the seller to be certain that I am telling the truth about not dropping the phone

However, similarly, I also have no real way to prove that we didn't drop the phone - although as I mentioned the photos show no damage or air bubbles to the film on the screen.

I have suggested to them that I go to their physical shop where I'd be willing to meet with a Samsung rep to discuss things. That's the only way I currently feel comfortable about controlling anything that happens to the phone from here that might make my case worse.

I am not sure what consumer guarantees/rights apply in this situation and whether I should continue to try to resolve this with the seller or just file a paypal or ebay claim on it. Should I speak to Samsung direct? I am trying to do things the right way, but it's a real tough one because has anyone ever heard of a screen being cracked/smashed from the factory in a sealed box?

Here are a bunch of photos showing the damage. https://imgur.com/a/uS7F1Sw

If anyone has any questions to clarify anything I'll answer what I can.

What are everyone's thoughts?

Thanks
-btech

Mobile

Comments

  • pantsparty on 12/12/2018 - 20:06

    What is the Samsung equivalent of the Apple Genius Bar? Take it there and explain the situation face to face direct with Samsung - the seller is screwing you around.

    Edit - found it - https://www.samsung.com/au/samsungstore/bookings/

    • btech on 14/12/2018 - 17:37

      Thanks, I think this is good advice and I was going to go with this but the seller has asked me to return it without anyone touching it since they sold it to me and I think that's probably reasonable if I expect them to help with this, so I've decided to return it to them and take my chances.

  • 87percent on 12/12/2018 - 20:12

    I'd lodge the PayPal case first, but at the same time take it to Samsung as well. I've previously found the Samsung kiosk at Chadstone to be very helpful. A couple of years ago, the camera on my s7 was rattling around. Took it there and they swapped it out for me

    • btech on 14/12/2018 - 17:36

      Thanks I was thinking I'd definitely take it to Samsung, but the seller has asked me to return it without anyone touching it since they sold it to me and I think that's probably reasonable if I expect them to help with this, so I've decided to return it to them and take my chances.

  • Suzique on 12/12/2018 - 20:39
    -7

    I'm a member of the Choice Community forum…"CHOICE.Community is a new forum for Australian consumers. With your help, we hope to create a place for all Australians to get help with the products and services we use every day, and to have their voices heard so that we can have fair, just and safe markets for all."
    I think you might get some good relevant input if you posted your story there.

    Suzique on 12/12/2018 - 20:39 (Collapsed - Offtopic. Show)
  • hasselbladsnapper on 12/12/2018 - 20:41

    Looks like to me that a tool of some description has impacted the screen during manufacture. The photos show a "spot" impact, so it is possible that it happened in the factory and packed and boxed by a robot? so the damage was not noticed when shipped. Good luck with it, a nasty situation, but I think Samsung should assist.

    • John Kimble on 13/12/2018 - 14:33

      I would think that's unlikely.

  • mbck on 12/12/2018 - 22:58

    Op, can you see on the box if there are any damaged/soft spot on the box where that crack is?

    • btech on 14/12/2018 - 17:34

      The box appears to be completely intact with no sign of obvious damage.

  • djones145 on 12/12/2018 - 23:07

    love the pics, not of the phone but the ones after it hehehheh

  • whooah1979 on 13/12/2018 - 06:13

    Consumers are required to return the good to the supplier for either a repair, replacement or refund. Refusing to return the good while wanting a remedy is unreasonable.

    • btech on 14/12/2018 - 17:34

      I definitely wasn't refusing to return it, just preferred to return it in person rather than post and for them to inspect it while I was present. In any case, I have decided to post it back anyway.

  • Rukiata on 13/12/2018 - 08:01

    New Samsung phone from reputable seller

    what carrier did they use?

    • btech on 14/12/2018 - 17:29

      My understanding is that it's a brand new Australian phone from Samsung. As we never turned it on, I am not sure if it's a carrier-branded unit.

  • MeesusEff on 13/12/2018 - 10:54

    Any chance you bought that phone using the Coles/28 deg card? You can send it in for repair, my S8+ cost about $240-280 to change the screen and I got all my money back in the claim.

    • btech on 14/12/2018 - 17:27

      Unfortunately not, but I'll check the card I used to see if it has any such benefits. Thanks.

  • dcep on 13/12/2018 - 12:14
    +1

    Ok lesson here is record unboxing live on youtube for every new phone

    • btech on 14/12/2018 - 17:28

      Seems like a shame to have to do that, but it's probably really the only sure way to protect against such a case.

  • btech on 14/12/2018 - 17:26

    Thanks everyone for your comments. I've calmed down a bit since the original post and decided to take a chance and follow the seller's request to return the phone to them to investigate. Let's see what happens from there.

    • [Deactivated] on 12/01/2020 - 16:22

      So what happened Op? Did they replace it with another one?

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