european-union consumer-protection spain
False advertising to consumers
<p>My girlfriend bought a new Samsung A7 phone in Spain. At first she wanted to go for a cheaper one, but was approached by a clerk which presented her A7 2018 version. The clerk specifically said that the phone was waterproof up to 1m in water. Girlfriend was naive (didn't read the manual or googled it) and bought that A7 2018 phone instead. Few days later she tried the 'waterproof test' (Don't ask me why...). </p>

<p>The phone got damaged and stopped working. She took the phone to the store to see if it can be fixed within the warranty. Few days later, an email was received that the damage caused is not covered in warranty (water damage), and that fixing it will cost more than a new phone. </p>

<p>I told her that the odds of getting it fixed for free are close to zero. She got tricked by clerk but cannot prove it. </p>

<p>I want to confirm that here. Are there any laws in EU which could be used in favour of this case?</p>

<p>Small note: The phone was bought in MediaMarkt - multinational chain specified for selling electronics</p>

<p>Assuming she can prove what the sales clerk said, she is entitled to a replacement.</p>

<p>EU consumer law creates a warranty that an item will be fit for the purposes which the vendor states it is fit for. The vendor stated it was “waterproof to 1m” - so it must be.</p>

<p>International Protection Marking is what designates how waterproof a phone is.
<a href="https://www.theguardian.com/technology/2016/sep/08/how-waterproof-iphone-7-samsung-galaxy-s7-smartwatches" rel="nofollow noreferrer">https://www.theguardian.com/technology/2016/sep/08/how-waterproof-iphone-7-samsung-galaxy-s7-smartwatches</a></p>

<p>The A7 is not waterprooof. The 2017 model is IP68 (waterproof up to 1.5 meters). The 2018 model is not. He had it backwords or just assumed it still applied to the newer version.
<a href="https://www.gadgetsnow.com/compare-mobile-phones/Samsung-Galaxy-A7-2017-vs-Samsung-Galaxy-A7-2018-vs-Samsung-Galaxy-C7-Pro-vs-Samsung-Galaxy-C9-Pro" rel="nofollow noreferrer">https://www.gadgetsnow.com/compare-mobile-phones/Samsung-Galaxy-A7-2017-vs-Samsung-Galaxy-A7-2018-vs-Samsung-Galaxy-C7-Pro-vs-Samsung-Galaxy-C9-Pro</a></p>

<p>The warranty is probably not going to cover intentionally dunking the phone even if the salesman was wrong. The warranty is probably for accidental damage. You need to read it and see if non accidental damage is covered.</p>

<p>"Waterproof up to 1 meter" probably means that if you take the phone, and <em>very gently</em> put it on the bottom of a one meter deep pool, it <em>may</em> survive. That phone will adhere to some standard that says exactly what it means. JUMPING into a pool will not be covered, because when the phone hits the water there will be considerably more water pressure. </p>

<p>Under <a href="https://europa.eu/youreurope/business/dealing-with-customers/consumer-contracts-guarantees/consumer-guarantees/index_en.htm" rel="nofollow noreferrer">EU law</a>, she is entitled to repair or replacement or, if not possible, to reimbursement.</p>

<p>The clerk's error is the seller's responsibility, not Apple's. Address your claim to the MediaMarkt subsidiary.</p>
