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KS Owners refund

Black Belt 

@wayneunique wrote:

Well, another day, another rubbish reply from John Lewis.

Thank you for your response.

Please see below the statement advertised on our website regarding Smart TVs:

A Smart TV is a platform that can run 3rd party Apps. 3rd party content providers may remove Apps from the Smart TV platform or stop supporting them at any time, and we cannot guarantee an App’s availability. When new Smart TV products are launched, there may also be a delay before certain Apps become available. Availability of Apps is not included within the terms of the manufacturer’s warranty, or the John Lewis 2-year Guarantee for audio visual products, or the 5-year Guarantee for TVs.

I hope this statement can help illustrate our position, we do provide the televisions however any additional or supported material comes directly from the manufacturer and is subject to change – on their part. As a retailer, we are selling you a product based on its primary function, being a television, we do advertise its capabilities however, are not ultimately responsible for these.

As Samsung have offered you a resolution to this matter and as the television itself is not faulty or in need of replacement or repair, I am unable to offer you any alternative resolution. I can only reaffirm the proposed resolution provided by Samsung.

I do hope this clarifies our position on this matter.

 

JL just do not want to take responsibilty for this and will give any excuse. I'm deeply shocked, after shopping with them for the past 20 odd years, purchasing many TV's in the process, this is how they treat their customers.


Again they still trying to confuse the issue. The dongle is not an app,  but a real part of the tv as advertised.  Its like selling the tv advertised with a remote and then saying they are not supplying it. We know apps can change,  and they do when they get updated but they advertised a free dongle. Have you tried section 75 credit protection. 

Paul

Black Belt 

@wayneunique wrote:

Well, another day, another rubbish reply from John Lewis.

Thank you for your response.

Please see below the statement advertised on our website regarding Smart TVs:

A Smart TV is a platform that can run 3rd party Apps. 3rd party content providers may remove Apps from the Smart TV platform or stop supporting them at any time, and we cannot guarantee an App’s availability. When new Smart TV products are launched, there may also be a delay before certain Apps become available. Availability of Apps is not included within the terms of the manufacturer’s warranty, or the John Lewis 2-year Guarantee for audio visual products, or the 5-year Guarantee for TVs.

I hope this statement can help illustrate our position, we do provide the televisions however any additional or supported material comes directly from the manufacturer and is subject to change – on their part. As a retailer, we are selling you a product based on its primary function, being a television, we do advertise its capabilities however, are not ultimately responsible for these.

As Samsung have offered you a resolution to this matter and as the television itself is not faulty or in need of replacement or repair, I am unable to offer you any alternative resolution. I can only reaffirm the proposed resolution provided by Samsung.

I do hope this clarifies our position on this matter.

 

JL just do not want to take responsibilty for this and will give any excuse. I'm deeply shocked, after shopping with them for the past 20 odd years, purchasing many TV's in the process, this is how they treat their customers.


Also without the dongle you can not even use any of the third party apps,  but with the dongle you can. 

Navigator

I’m currently going through the section 75 route - my credit card company are sending the forms over.

 

I’m going to create a document detailing the timeline of everything, from when I bought the tv and the various advertising, to now and their responses. Hopefully this will be enough.

 

I also have an ADR dispute open, although from what we’ve experience John Lewis do not respond to these. But we have to exhaust every option.

 

After all that I will be going the small claims route and use the documentation from the section 75 claim

 

 

Black Belt 
Also they say apps are not covered by their warranty and they are right, but the issue is not apps, and make that clear. It is about the tv hardware which is covered under the 2015 European consumer regs. Jl advertised the dongle as a benefit and it was used to help sell the tv. By not supplying it it is misrepresentation under the act. You need to make it clear this is not about software apps but the actual tv hardware.
Explorer
I know, I've just replied to them basically saying the same thing about a remote control or advertising the TV of having 4k and then you find out later that will never happen.
As for the section 75 credit protection, I paid for it via debit card, can I still do anything?

Thanks for all your help.
Black Belt 

@Tannoy20 wrote:

“As a retailer, we are selling you a product based on its primary function, being a television, we do advertise its capabilities however, are not ultimately responsible for these.”

 

Wow! That’s quite a statement!


And it is so false. I hope you are saving all these statements as evidence against them. The regs make it clear that any capabilities advertised have to be correct and if not then they are guilty of misrepresentation and with every thing they say they are digging bigger holes. Bet that did not come from legal. 

Paul

Explorer
Tannoy20, sounds like the route I might have to go down.

I hope you don't mind sharing part of that document please.
Black Belt 

@Tannoy20 wrote:

I’m currently going through the section 75 route - my credit card company are sending the forms over.

 

I’m going to create a document detailing the timeline of everything, from when I bought the tv and the various advertising, to now and their responses. Hopefully this will be enough.

 

I also have an ADR dispute open, although from what we’ve experience John Lewis do not respond to these. But we have to exhaust every option.

 

After all that I will be going the small claims route and use the documentation from the section 75 claim

 

 


You could also quote the ADR result some pages back and quote the reference number,  because that does state clear misrepresentation. 

Black Belt 

@wayneunique wrote:
I know, I've just replied to them basically saying the same thing about a remote control or advertising the TV of having 4k and then you find out later that will never happen.
As for the section 75 credit protection, I paid for it via debit card, can I still do anything?

Thanks for all your help.

It could be that until they are forced to refund by  the threat of court action they are hoping no one will go down that route. I have said and still think they would not go to court but would settle before. There are temples online for you to send a letter of intent with all of your evidence and it cost £60 for county court,  which you can claim back when you win. You also still ask for an ADR ruling I think. 

Paul

Highlighted
Navigator

@Tannoy20 wrote:

“As a retailer, we are selling you a product based on its primary function, being a television, we do advertise its capabilities however, are not ultimately responsible for these.”

 

Wow! That’s quite a statement!


Thats a load of rubbish. The statement below is taken from my ADR recommendation-

'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.'

Note that as described means any description given.

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