As has been pointed out continuously throughout this thread - SOGA applies to retailers - the employee hasn't 'received some discount', he's bought it from a entirely non-retail source, so SOGA doesn't apply to the sale.
And where in the SOGA does it state this? Ignoring the question won't make it go away. You don't know that, you're just guessing.
As has been pointed out continuously throughout this thread - SOGA applies to retailers - the employee hasn't 'received some discount', he's bought it from a entirely non-retail source, so SOGA doesn't apply to the sale.
What is clear is that SOGA does not apply to "private sales" or rather only applies in a limited way, that much is very clear. What is not clear is whether the purchase of the TV from Samsung by an employee counts as as a private sale or not.
What is clear is that SOGA does not apply to "private sales" or rather only applies in a limited way, that much is very clear. What is not clear is whether the purchase of the TV from Samsung by an employee counts as as a private sale or not.
I'd say it was pretty clear myself. You're paying a business (regardless if you work for them or not) for a product which they will supply. A private sale would be me (not a business) selling a TV to you (not a business). I fail to see why the SOGA wouldn't apply unless someone can point out where it states it wouldn't.
From a bit of digging via Google I have found out that the Samsung UK Employee Purchase Programme is run through Exertis Micro-P and TVs come complete with a 2 year Collect & Repair warranty and 2 years technical support. They are paid for (over 12 months) by the employee and must be delivered to the employee's address. There is an option for employees to keep a laptop at the end of the two years or for them to hand it back. Televisions must be kept by the employee. Lots of other info there too and I reckon the contract is with the employee and not with the OP.
What is clear is that SOGA does not apply to "private sales" or rather only applies in a limited way, that much is very clear. What is not clear is whether the purchase of the TV from Samsung by an employee counts as as a private sale or not.
What is not clear is whether the OP is the employee of Samsung who purchased the TV or whether the OP and the Samsung employee are two different people and the OP bought the TV as a private sale from the Samsung employee.
What is not clear is whether the OP is the employee of Samsung who purchased the TV or whether the OP and the Samsung employee are two different people and the OP bought the TV as a private sale from the Samsung employee.
Clarifying that would help.
Post 5 would suggest that they are two different people.
Post 5 would suggest that they are two different people.
Yes it has been assumed that the OP bought this privately from his friend who bought from Samsung. All the discussion has been with reference to the friend who bought from Samsung, we are all agreed (or I thought we did) that the OP has no direct call to Samsung nor against his friend as he is a private buyer from his friend. The question is whether his friend has SOGA rights against Samsung?
From a bit of digging via Google I have found out that the Samsung UK Employee Purchase Programme is run through Exertis Micro-P and TVs come complete with a 2 year Collect & Repair warranty and 2 years technical support. They are paid for (over 12 months) by the employee and must be delivered to the employee's address. There is an option for employees to keep a laptop at the end of the two years or for them to hand it back. Televisions must be kept by the employee. Lots of other info there too and I reckon the contract is with the employee and not with the OP.
What we don't know is whether the employee is willing to say to his employer, Samsung, that the TV is faulty. For all we know the employee has washed his/her hands of it after selling it to the OP as a private sale. Presumably the OP would have to return the TV to the employee as well or Samsung are going to wonder why the TV is at a different address. They're already going to be wondering why the OP has contacted them and not the employee.
If the employee doesn't want to know then there's nothing the OP can do. Conjecture here is a futile exercise.
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And where in the SOGA does it state this? Ignoring the question won't make it go away. You don't know that, you're just guessing.
What is clear is that SOGA does not apply to "private sales" or rather only applies in a limited way, that much is very clear. What is not clear is whether the purchase of the TV from Samsung by an employee counts as as a private sale or not.
I'd say it was pretty clear myself. You're paying a business (regardless if you work for them or not) for a product which they will supply. A private sale would be me (not a business) selling a TV to you (not a business). I fail to see why the SOGA wouldn't apply unless someone can point out where it states it wouldn't.
http://www.employeescheme.co.uk/info/index.php/samsung-staff-shop/ and click on Computer Select tab.
What is not clear is whether the OP is the employee of Samsung who purchased the TV or whether the OP and the Samsung employee are two different people and the OP bought the TV as a private sale from the Samsung employee.
Clarifying that would help.
Post 5 would suggest that they are two different people.
Yes it has been assumed that the OP bought this privately from his friend who bought from Samsung. All the discussion has been with reference to the friend who bought from Samsung, we are all agreed (or I thought we did) that the OP has no direct call to Samsung nor against his friend as he is a private buyer from his friend. The question is whether his friend has SOGA rights against Samsung?
Certainly we all agree that the contract is with the employee, to be honest I don't think anyone has disagreed with that.
The rest of your post would seem to indicate the SOGA does apply though as I admitted before I am no consumer expert.
If the employee doesn't want to know then there's nothing the OP can do. Conjecture here is a futile exercise.
Yes we all agree on that.