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KS Owners refund

Black Belt 

@Jep_uk wrote:

@Ramos049 wrote:

@Jep_uk wrote:
Is there anyone smarter than me who can find an archive of the john lewis advert for samsung 2016 suhd smart tvs. I can find the actual product page which does have some wording but the other one would be helpful which had a full section of the smartthings part.

Thanks

Below is the link to the web archive page for the KS7000 on the John Lewis web site.

https://web.archive.org/web/20160521061617/http://www.johnlewis.com:80/samsung-ue49ks7000-suhd-hdr-1...

They as well have stated in the description about the SmartThing feature:

"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. This way, you’ll be able to set the right scene in your living room without getting off the sofa. Please note that this feature is coming soon.
"

Again this is very similar to what Richer Sounds stated on their web page. There should be no reason for them not to give you a full refund. If this went to Retail ADR they would rule in our favour. Below is a link to the recommendation letter from Retail ADR with respect to my complaint with Richer Sounds.

https://drive.google.com/file/d/1tJEtSlJixW5XkyHPcGDvHLOVan1Ie8CV/view?usp=sharing

As you can see, the reason they ruled in my favour was because it does not do what Richer Sounds claimed with respect to the SmartThing feature. All we need is someone to take their complaint through Retail ADR and when they have ruled in your favour they will be force to offer full refunds to everyone as if it goes to the small claims court they will lose. Please feel free to take bits out of the recommendation letter to use in your complaints as it does have good information with regards to the 'Consumer Rights Act 2015'


As a side note, might be worth covering your name or any other personal details on the letter if you are sharing it. 


Hi the google link does not seem to work.

Navigator

The link has changed because I had to edit the document. Check my original post and that one should work.

Black Belt 

@Ramos049 wrote:

The link has changed because I had to edit the document. Check my original post and that one should work.


Thanks and yes have now seen and read. I like the bit where they say you may be disappointed.

It is pretty clear that Samsung misrepresented the product.

Would it be ok to put the whole document on this thread.

Thanks

Paul

Explorer

RS came back with an offer of a NU7100, which I have declined as its even more of a backwards step then the Q7F..

And is a 740 pound TV.

Black Belt 

@Eliotrw wrote:

RS came back with an offer of a NU7100, which I have declined as its even more of a backwards step then the Q7F..

And is a 740 pound TV.


Just request a full refund. Once that is done then negotiate the new telly you want.

Paul

Explorer

Yup gone back to them, I paid 879 so its not too far for them to go...

Navigator

@paul1277 wrote:

@Ramos049 wrote:

The link has changed because I had to edit the document. Check my original post and that one should work.


Thanks and yes have now seen and read. I like the bit where they say you may be disappointed.

It is pretty clear that Samsung misrepresented the product.

Would it be ok to put the whole document on this thread.

Thanks

Paul


I was a bit disappointed as I wanted some compensation. I made a big deal about them denying me my consumer rights and wasting my time, but you can't win them all I'm happy with my full refund.

Don't think there is a need to put the whole document here as it's rather long winded. If people want to see it I have posted the link to it below again. Might be worth editing your first post on this thread and adding it in.

https://drive.google.com/open?id=1wchOMdwsbyzfMV4dbYBvh0wxDkkn9Z_z

Black Belt 

Hope @Ramos049 does not mind me posting the ADR findings but it could help others here,

Case Handler

5 June 2018


We have considered the information provided by both parties. This includes Mr Ramos complaint submission, copies of correspondence. Richer Sounds has also provided its complaint submission and copies of correspondence.

The main issue in Mr R**** complaint relates to “Samsung UE65KS8000 TV” purchased from Richer Sounds Cambridge store.

Mr R**** has raised a complaint but not received a satisfactory response.

When reaching a recommendation, we must base our decision on the facts of the evidence provided, what is fair and reasonable in the circumstances, in accordance with applicable laws and regulations and on the balance of probability where appropriate.

It is apparent that the purchase was made on 19 August 2016. Therefore, the applicable law to consider is the “Consumer Rights Act 2015” and as it was an online purchase we must also take into consideration the “Consumer Contract Regulations”.

As with the “Sale of Goods Act”, under the “Consumer Rights Act” all products must be of satisfactory quality, fit for purpose and as described. It may help at this point if I provide a definition of the three areas to offer clarity with respect to how these matters are considered. The description is as follows:

• Satisfactory quality - Goods shouldn't be faulty or damaged when you receive them. • Fit for purpose - The goods should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods. • As described - The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.
We have considered the evidence provided by both parties and our understanding of the complaint is as outlined by Mr Ramos in his complaint letter to Richer Sounds as below.




"Samsung SUHD TVs are IOT ready and allow you to create your very own SmartThings ecosystem”.

“Experience a new world of possibilities as Samsung's SUHD TVs enable you to create your very own SmartThings ecosystem. With a wide variety of sensors and inputs work harmoniously with your TV you can control everything from lighting to heating, monitor your baby sleeping or check homework is being done all directly controllable from your SUHD TV.”

“Samsung have gone back on this and stated that the USB device to allow the TV to be part of the SmartThings eco system will never be released and as such this is a breach of the 2015 Consumer rights act for misrepresentation”.
We must explain that we as an ADR scheme do not operate in the same way as a Court and must consider the dispute on both the balance of evidence and probability and provable facts.
In conclusion Based on the evidence provided and after conducting our own online investigation, we agree that this is a clear case of misrepresentation.
Therefore, we deem that Richer Sounds:
• Accept the return of the television and refund the full cost of £2339 and need offer no further remedy or award.

Whilst we appreciate the outcome may not be what Mr Ramos wanted and maybe disappointing, we hope he can understand why we have reached our determination.

If Mr R**** and Richer Sounds accept our recommendation in full and final settlement of your dispute, please confirm it to us as quickly as possible. This must be no later than 14 days from the date of this letter.

If Mr R**** and Richer Sounds do not accept our decision, then either party can write to us, email us, or the quickest method is to correspond via the complaint portal, but must be able to:

• demonstrate that there is a substantial error in the facts to substantiate a significant difference; or • produce substantial new evidence which may make a significant difference, along with an explanation of why that information was not previously made available.

Please quote the reference at the top of this letter in any future postal correspondence.

Important Note:

This decision is not binding on either party who therefore still has the option to escalate the matter to the Adjudicator if they can demonstrate any of the above criteria. Should either party not be able to meet the criteria above but wish to challenge our decision please note the Adjudicator will maintain the remedy

Navigator

@gfsracing wrote:

@Ramos049 wrote:

@gfsracing wrote:
Anyone buy there TV from Crampton & Moore

Haven't heard if someone has bought from them but having a look at thier website on web archieve for the KS7000 model (https://web.archive.org/web/20170315131008/http://www.cramptonandmoore.co.uk:80/televisions/4k/samsu...) they do clearly state about the SmartThings feature:

"Our Smartest TVs ever have a further enhanced Smart platform delivering UHD HDR streaming, App and Cloud based gaming, Smart View mobile and tab connectivity, Voice control and the capability to control your home through your TV with SmartThings*."

This is very similar to what Richer Sounds stated on their website, so I think you have a strong case. Raise a complaint with them but you might get some resistance if your the first one to complain about this to them.


Many thanks for that my set is the Ks9000 55" i cant find the page for this TV


https://web.archive.org/web/20160610063815/http://www.cramptonandmoore.co.uk:80/samsung-ue55ks9000-5...

Above is the link to your television but unfortunatly it does not state anything about the SmartThings feature. You could argue that all KS models were suppose to have this feature and point them to the description in other models. But as it was not specifically advertised on your television you might have problems getting a full refund. Raise a complaint and you never know they might offer you something that your happy with.

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Navigator

@Eliotrw wrote:

RS came back with an offer of a NU7100, which I have declined as its even more of a backwards step then the Q7F..

And is a 740 pound TV.


lol sounds like you got the same customer service representative as me. He offered me all sorts of rubbish before I took it to Retail ADR.

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