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KS Owners refund

Black Belt 

@Phankeys wrote:

I bought a KS9005 on 07.2017 because I believed in Samsung's promisses to bring us HDR10+ in a future update. 

So, I live in Finland and  just contacted the store where I bought it from and asked for a refund.
I contacted Samsung about this matter and they said they "do not offer refunds". Samsung representer said I made a contract with the store when I bought the TV, so they told me to contact the store directly.

The store now contacted Samsung and we are waiting for Samsung's answer.


I will let you guys know how this goes.



Under the European consumer law it is the retailer that is responsible,  and you have to show that you saw them advertising that function or you specifically asked for that function. As you can see on these forums the only thing they have accepted is the smart things USB dongle. 

Observer

So Samsung can actually advertise that they will include all kinds of features and services for a product in order to get it sold, and after one year inform us that those features are never getting implemented?

But in any case I did ask the salesperson about future upgrades and he did check Samsung's website. And in there it was written that 2016 TVs were going to get HDR10+ in a future update. I can't blame the store or the salesperson for that.

But if what you said is true, it's really sad that brands came make false advertisement/promises.

Black Belt 

@Phankeys wrote:

So Samsung can actually advertise that they will include all kinds of features and services for a product in order to get it sold, and after one year inform us that those features are never getting implemented?

But in any case I did ask the salesperson about future upgrades and he did check Samsung's website. And in there it was written that 2016 TVs were going to get HDR10+ in a future update. I can't blame the store or the salesperson for that.

But if what you said is true, it's really sad that brands came make false advertisement/promises.


Yep,  that's about right.  But you say you asked the salesperson and you were shown the Samsung advert,  so you specifically asked and was shown that it would be an upcoming function,  then then comes under the EU regs. It was not the retailers fault that Samsung pulled the dongle but the retailers are still liable. This I think is the only way to stop manufacturers from doing this,  is if the retailers,  their customers, put pressure on them when they do misrepresent their products. That is why I believe people should make retailers accountable for what they advertise,  and it does not matter where the information is from as long as it is correct. What is bad about the regs is the trouble people are having to get their retailers to give refunds even though they admit misrepresentation,  and are forcing them down the small claims court avenue,  or section 75 of the credit consumer act.  Outrageous. 

Paul

Apprentice
I have just spoke to credit card company. They have said the following:
“The money we refund will come from us not currys. We will not dispute the payment from Currys. We would of dispute Currys if it was a large sum like £30000.
So if we were to refund you, the TV will like the banks property where you either sell the TV and we will refund the difference or you give it to charity and provide us the proof.”

Black Belt 

@Elavarasan wrote:
I have just spoke to credit card company. They have said the following:
“The money we refund will come from us not currys. We will not dispute the payment from Currys. We would of dispute Currys if it was a large sum like £30000.
So if we were to refund you, the TV will like the banks property where you either sell the TV and we will refund the difference or you give it to charity and provide us the proof.”


To me that is just being unreasonable. Curry's are in breach of contract and the credit card company have to refund if Curry's do not. As to give it to charity,  that is your choice,  not one they can insist on you doing.  I would ask them to pay the refund other wise insist on taking it to appeal.  You have won the case so the appeal would clarify this issue of payment.  It's, as if they want the last word. I do think as soon as you mention appeal they will change their tune,  and as far as I interpret the regs the items are still yours under credit consumer law. You want a refund for breach of contract,  and you can info them that you will do what you want with the TV as they have no legal right to insist on anything,  or ask to see the relevant part of the regs which says they have. 

Again it's best to do by email to keep a hard copy. 

Paul

Explorer

Depends on your perspective I guess and, of course it's up to you.

In my case I had no quarrel with the credit card company. Their dealings with me, unlike John Lewis, were entirely professional and helpful. I had no reason to cause them further irriatation or financial damage. Also, my intended outcome was to return and gain refund for a tv that had been misrepresented to me. I saw no reason I should be able to keep the original set.

Again, you may be able to achieve that outcome. Your call.

Black Belt 

@Elavarasan wrote:
I have just spoke to credit card company. They have said the following:
“The money we refund will come from us not currys. We will not dispute the payment from Currys. We would of dispute Currys if it was a large sum like £30000.
So if we were to refund you, the TV will like the banks property where you either sell the TV and we will refund the difference or you give it to charity and provide us the proof.”

On reflection and having looked the regulators test cases,  I would be inclined to either sell very cheap or ask them to collect the TV at their cost and let them sell it. The least inconvenience to you. 
Apprentice

Donate it to british heart foundation, they'll pick it up and you can get proof of donation from them, just ask for it to be arranged before they take the goods.

 

But to me thats not what the law states, the credit card company shouldn't require this of you for a refund.

 

Black Belt 

@Andy41 wrote:

Donate it to british heart foundation, they'll pick it up and you can get proof of donation from them, just ask for it to be arranged before they take the goods.

 

But to me thats not what the law states, the credit card company shouldn't require this of you for a refund.

 


And I totally agree. You shouldn't have start chasing around and prove you have given it to charity to get what is legally yours.  It is your choice if you want to give to charity or throw on a skip not the credit card company. I would tell them to issue the refund and then you will decide.  As to the credit card company taking the loss I think that's incorrect,  as I had a finance refund and it was the retailer that had to pay the money back due to breach of contract. They then tried to then collect the electrical items,  but under credit consumer law they were still mine and I sent them packing,  and there was nothing they could do.  Therefore if its a section 75 or finance claim insist on you refund first and then decide your next step. They cannot insist you return or sell to make the difference.  As the law stands your are entitled to a full refund of the amounts you paid,  as per the 2015 consumer law. 

Explorer

Latest response from Currys...i am now going through my credit card company also

 

Final Position Email
 
I am sorry that we have been unable to resolve this matter to your satisfaction. We have now exhausted our internal complaints process and this is our final position.
 
What we cannot agree on and why
 
The television is fit for its intended purpose of watching TV, is of satisfactory quality and not defective, due to this we would not be offering a full refund of the purchase price. As Samsung are not bringing out the SmartThings Extend capability to the UK, they are, however, offering the SmartThings Hub (V2).
 
Our final position
 
We have given the details on how to apply for the SmartThings Hub (V2), with Samsung in replacement and a £150.00 live with payment.
 
Taking your complaint further
 
We are obliged to inform you that you have the right to refer your complaint to an Alternative Dispute Resolution (ADR) provider. You have up to twelve months to do this.
 
Please find below the contact details for a certified ADR provider.
 
Ombudsman Services
 
Address:
 
Ombudsman Services
The Brew House
Widerspool
Greenall’s Avenue
Warrington
WA4 6HL
 
We need to advise you that ADR is voluntary and it is not a procedure to which we subscribe. Therefore any ADR decision would not be binding.
 
Please accept my apologies, we're unable to assist you further on this occasion.
 
 
 
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