As requested - this is the email I sent to JL (customerservices@johnlewis.com). I attached the ADR which is referred to in the thread. I also attached the JL web page with the offending items highlighted. I can send this email with the attached docs through to people if you send me a PM.
This email got on to the JL complaints system, and I got a call back. They told me that since I purchased in store I had to ring the store. When I spoke to the store I simply quoted my case ref.
Good luck!
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Dear Sirs,
Re: Purchase of Samsung UE55KS9000 TV – Order Number [Order Number]
I purchased the Samsung UE55KS9000 TV from John Lewis (JL) on [Date] At the point of purchase I paid [Amount] which included a 5 year warranty. This was part of a larger purchase which included a smaller Samsung TV and a Sonos Playbar. I would like to return the UE55KS9000 TV as I believe I have been mis-sold. For info, the serial number of the TV is [Serial Number].
The Samsung UE55KS9000 TV is not as described. This TV was advertised as "Control your connected home with SmartThings Extend". My purchase of the UE55KS9000 was influenced by the claims made about the capabilities of the TV on the JL website. The JL web page advertising this capability is attached. The relevant paragraphs are highlighted with a red box.
Samsung has since confirmed the SmartThings Extend will never be made available, since the TV is not technically capable of supporting this and due to security concerns. Details of this can be seen at the following website: https://www.flatpanelshd.com/news.php?subaction=showfull&id=1512472675.
I know from other customers, that JL is already aware of this issue. JL has been in contact with Samsung since the beginning of 2018, and this should not be used as a reason for delaying resolution of this issue.
My Rights under the Consumer Rights Act 2015
This purchase is governed by the Consumer Rights Act 2015, which states that goods purchased must match the description supplied pre-contract, such as on the packaging, advert, or description for example. The description of the product can be clearly seen in the attached web page from the JL web site. Goods are covered for up to 6 years under the limitations act. To be clear, the retailer is responsible not the manufacturer.
Samsung has offered to supply an alternative product to some customers, called SmartThings Hub, but this doesn’t offer the same capability. It should be noted that the SmartThings Hub would not deliver the functionality that the John Lewis web site advertised. The originally promised functionality ‘embedded’ SmartThings Extend would have delivered control directly from the TV screen, whereas the SmartThings Hub would need to be controlled from a mobile or tablet. It is also important to know that control over the TV is limited, for instance it is not possible to switch the TV ON from standby. Please do not offer to supply this alternative product – it would not be acceptable.
To be clear I am not returning the goods due to a fault. It is due to mis selling which is a breach of the Consumer Rights Act 2015.
Requested Remedy
As you are in breach of contract and I've owned the product for less than 6 years, I am within my statutory rights to ask for a refund, or a replacement (to the same value as I originally paid), at no further cost to me.
I have all of the original packaging, so I can bring the TV back in to the Cheadle store. Rather than a full refund, I am happy to accept store credit instead. I believe this is a reasonable remedy.
Retail Alternative Dispute Resolution (ADR)
I am aware of other customers who have already raised this issue through the Retail ADR, and I attach the findings in one case against Richer Sounds. The evidence is identical, and it’s reasonable to expect the same outcome would arise if I needed to take this matter to Retail ADR.
Conclusion
I am a loyal customer of John Lewis, and have always received excellent customer service from the company. I look forward to receiving confirmation that you will provide the remedy set out above within 14 days of the date of this letter.
Yours faithfully,
etc
