Samsung Commences Action Against Non-Compliant Modified EU Stock

Consumers should be aware of implications of stock modifications and avoid non-compliant products

London, UK – 28th January, 2018 – Samsung is calling on UK consumers to be mindful of the risks of buying non-UK stock that has been modified to look like UK stock, and has announced that it is taking action against those importers and resellers who do not comply with the legal rules in this area.

While it is legal to sell unmodified European stock, Samsung can object to the sale of products if their condition has been changed or impaired.    The courts have allowed some modification and repackaging of products before sale, but strict legal rules known as the “BMS conditions” must be followed.  The BMS conditions stipulate that modifications can be made only if they are necessary to sell the products in the UK and, if they are made, that consumers must be informed with a sticker on the box of all the modifications made and who made them.   There is also a requirement that Samsung is provided with full information and a sample of the modified device.

Samsung has become aware that European products have been imported and modified without the legal rules being met.  In some cases, counterfeit 3-pin chargers have been inserted in place of the genuine 2-pin charger, the operating software may have been updated incorrectly, and packaging has been removed leading to the device being damaged before purchase.  All of these result in a poor and sometimes dangerous user experience, and where these cases are identified, Samsung does not provide a warranty.

Samsung’s position is that as products are preloaded with an English language option, and a three-pin charger can be provided to consumers outside of the box, that no other changes are necessary.   However, if it can be established that the other BMS conditions will be followed, Samsung may agree to the products being modified.   For example, the modifying company must agree with Samsung only to use genuine like-for-like replacement chargers, to replace the operating software in a way which will ensure software and security updates are applied, to clearly inform consumers which modifications have been made and by who, and to provide samples to Samsung to enable it to check compliance.

“At Samsung our first priority is ensuring our customers get the best possible experience when purchasing our products and services. Customers should be aware that when they purchase stock that has been modified by a third party, they may have a poor customer experience, or worse, receive an unsafe charger with their device” said James Kitto, Sales Director UK & Ireland, Samsung Electronics. “If imported or modified stock complies with the relevant legal rules we do not have a problem with its sale.  However, what we do not want to see is the unnecessary opening of boxes, removal of genuine accessories, and unnecessary tampering with devices. Samsung will take legal action against importers and resellers who do not satisfy the appropriate conditions.  This is to protect consumers and the reputation of our brand and products.”

Consumers should take care to check whether they are buying modified stock and ensure that the legal rules have been followed.   If they have not, the product they have purchased may be unsafe and they may receive a poor user experience that is not covered by Samsung’s warranty.

For further information on modified stock, please visit: https://www.samsung.com/uk/support/mobile-devices/what-is-a-modified-product/