Jep_uk Explorer
2 weeks ago
As promised:
Insert date
Reference: Insert name / John Lewis – Samsung insert model number e.g. ue55ks8000
Dear Sir or Madam,
I am writing to you to with regards to the mis-selling of the Samsung UE49KS7000 TV. I bought the set, in insert month and year for £xxxx, under the belief that the TV would be suitable for controlling SmartThings devices with the inclusion of a SmartThings Extend USB adapter. This was due to advertising on your website, which was presented in two different locations; the first as a general Samsung information page for their 2016 SUHD TVs from the following link:
https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1 (link no longer works as the advert has since been removed)
and the second on the device product page, which is still available online and can be accessed by the link below:
INSERT WEBLINK TO THE SPECIFIC WEBPAGE FOR YOUR TV MODEL – This is accessible from google, just type in John Lewis Samsung and your tv model and it should show you the page, check that it does have the Smartthings extend description.
Given the time of the purchase (Insert month and year), the purchase is covered by the Consumer Rights Act 2015, which became law on 1st October 2015, which replaced three major pieces of consumer legislation - the ‘Sale of Goods Act’, ‘Unfair Terms in Consumer Contracts Regulations’, and the ‘Supply of Goods and Services Act’. Under this new act, all products must be of satisfactory quality, fit for purpose and as described. ‘As described’ means that the goods supplied must match any description, or any models or samples shown at the time of purchase.
From the link above, you included the following text for advertising the TV:
“Control Your Connected Home With SmartThings Extend.
Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.”
Where the footnote states:
“**With free Samsung SmartThings Extend USB adapter available within 2016.”
Samsung have only recently announced that these SmartThings Extend USB devices will not be made available for owners of the KS range of TVs, which means that the TV does not and will never have the functionality as identified above, as detailed in your adverts. As such, the TV you have supplied is not as described as per your advertising. It is noted that the Consumer Rights Act is applicable for a period of up to 6 years following the purchase for cases of mis-representation, as identified in Item 105 within the commentary for Section 1, which states:
”Under the law of England and Wales and of Northern Ireland, claims for breach of contract are subject to a limitation period of six years from the date of the breach of contract…….. Because the protections provided under this Part of the Act operate on the basis of contract law, the consumer has 6 years within which they may pursue remedies for breach of one of the statutory rights.”
Whilst you may have used information provided by the manufacturer (Samsung), it is your duty to ensure that the information you provide to the consumer is accurate, as this information was used as a basis by me (the consumer) for entering the contract of sale with you (the trader).
As you are in breach of contract, and repair and / or replacement will not resolve the issue, i.e. item not as described as opposed to faulty, then I am within my statutory rights to ask for a full refund of the original cost paid.
As further evidence for the case of misrepresentation for the sale of Samsung KS TVs which advertised the SmartThings Extend device and SmartThings control capability of the TV, it is noted that Retail ADR have recently been involved in a case between a Samsung KS TV owner and Richer Sounds and have agreed that there was a clear case of misrepresentation by the retailer based upon the retailers adverts on their website. Their website, like yours, stated that the TV would be provided with the SmartThings Extend device and that the TV could be used to control SmartThings devices.
I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.
Yours faithfully
INSERT NAME