[Galaxy S 4 Q&A, Help & Troubleshooting] BarryH_GEG:
It doesn't in the UK. And I'm sure other countries with similar programs have similar terms. The UK Sale of Good Act isn’t the panacea it’s being made out to be. It has nothing to do with the manufacturer either. It’s between the seller and buyer. Here’s the problem with a cracked mobile device display. They can easily be cracked due to accident and misuse. So what people here are suggesting is that they are going to return to the place where they bought their SGS4 with the display cracked and say they didn’t do it using logic like the AMOLED cracked but GG3 didn’t and there not being any physical damage on the body of the device.

Nothing below says to me that either of those conditions matter. The seller is going claim the buyer “accidently damaged the item” while the buyer is claiming against the seller that the item is either “unfit for purpose” and/or “not of satisfactory quality.” Those that think making a claim for a cracked mobile display under the Sale of Goods Act is going to be that simple should read the dispute section below. I’m guessing you’ll need it. The way I read it, when a buyer starts waving the Sale of Goods Act around the seller can cheerfully respond “I disagree.” Nothing I read says they have any obligation to agree with a buyer’s interpretation of the terms of the Act or whether something is a “fault” or “abuse.” So when they say "no" which they can certainly do it's off to court or mediation you go. And I’m guessing a judge, jury, or mediator is going to look at a cracked display which they themselves have probably experienced at some point and say “WTF?” to the buyer bringing the case. Those that end up invoking the Sale of Goods Act or other similar protections please let us know how it goes.

Customers do not have a legal right to a refund, repair or replacement from you if they:

Accidentally damaged the item

Misused it and caused a fault

Circumstances when customers do have a legal right to a refund, repair or replacement:

Does not match the description

Is not of satisfactory quality

Is not fit for purpose

Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty. The next section of this guide, Your responsibilities as a retailer, provides a full explanation.

Your contract with the customer

Under the Sale of Goods Act, when you sell something to a customer you have an agreement or contract with them.

Match their description - by law everything that is said about the product must not be misleading – whether this is said by a sales assistant, or written on the packaging, in-store, on advertising materials or in a catalogue

Be of satisfactory quality of goods - appearance and finish – freedom from minor defects (such as marks or holes) – safe to use – in good working order – durability

Be fit for purpose - if a customer says, or when it should be obvious to the retailer, that an item is wanted for a particular purpose, even if it is a purpose the item is not usually supplied for, and the retailer agrees the item is suitable, or does not say it is not fit for that purpose, then it has to be reasonably fit.

Your responsibilities for the goods you sell

You are responsible for the goods you sell and if a customer returns an item they purchased from you that is faulty (it does not conform to contract) because it

Does not match the description

Is not of satisfactory quality

Is not fit for purpose

You (not the manufacturer or supplier) are legally obliged to resolve the matter with the customer.

Statements about the goods you sell

Anything that is stated about the items you sell – by you, manufacturers, importers or producers – for example, in advertising or labeling, should be factually correct.

It is important that you know what is being said about the goods you sell because these statements form part of your contract with your customer. For example, if an advert says that a pair of shoes is waterproof and a customer wears the shoes and finds they are not waterproof, then the item does not match the description.

There are occasional exceptions to this, for example, if the advert was published and then corrected in public before the item was sold. Other examples are if, for good reason, you are not aware of the statement that has been made, or that the consumer could not have been influenced by the statement.

Dealing with a dispute with a customer

Although some customers take court action, this is rare. In the vast majority of cases, the customer and retailer can reach a satisfactory solution without having to go to court.

If you cannot reach a solution with a customer and you feel you need to seek advice, you may want to contact your local Trading Standards Office or your trade association (if you are a member).

Where this is not possible, you may wish to consider using an alternative dispute resolution procedure, or a scheme run by your trade association. If the dispute reaches this stage, it may be worth advising your customer that they can obtain details from the Community Legal Service or a Citizens Advice Bureau – or from yourself, in the case of a trade association scheme.

If a customer does decide they want to proceed with their claim in court, it is likely they would take civil action in the county court. It is likely they would use the small claims procedure, which applies for goods with a value of up to £5,000.

Glossary

Durability – the durability requirement is that the item should work or last for a reasonable time but it does not have to remain of satisfactory quality. For example, a pair of wellington boots should stay waterproof but does not have to keep its brand new appearance.

Fair wear and tear – goods cannot be expected to work fault- free forever. They can break down or become worn through normal use. This is called fair wear and tear, and a customer cannot hold the retailer responsible for it.

Faulty – failing to work as it should, therefore it does not match its description, or is not satisfactory quality, or not fit for purpose. We use ‘faulty’ throughout SOGA explained and all documents in SOGA hub to describe any or all of these three problems.

Fit for purpose – the item should be fit for the purpose it is sold for. For example a three-seater sofa should be able to hold the weight of three adults without breaking. An oven-proof dish should not crack if it is placed in the oven at a high temperature.

Particular purpose – if a customer says that an item is wanted for a particular purpose, even if it is not the usual purpose for which it is sold, it has to be fit for that purpose if the retailer agrees, or does not disagree and sells it on that basis. For example, if a customer tells you they want an outdoor jacket for mountaineering in extreme weather conditions, and you sell them a showerproof jacket, then it is clearly not fit for that particular purpose.

Satisfactory quality – meeting the standard a reasonable person would think of as satisfactory, taking account of the goods’ description, price and so on.​