Complaint re. S23Ultra order & false advertising.

[SparkoneGKSC]

Galaxy S23 Ultra.

I placed an order (and paid in full) for S23 Ultra on 1st March, and selected the (paid-for) 'next day delivery' option.

I compromised on the colour, as the graphite was listed as in stock, but the black was not.

On 2nd March, I received a notification that the delivery was delayed by 2 weeks by the courier.

I telephoned CustomerServices the same day - 2nd March (ref. 2******) to explain that this was not acceptable.  I was assured that the matter would be escalated (delivery expedited) as high priority, and that somebody would contact me within 24-48hrs.  I was also told that the delay was related to stock allocation, and not inflicted by the courier.  30 minutes after this call, I received another email reaffirming the 2 week delay.  No resolution or information.

I telephoned CustomerServices again on 3rd March, to follow-up and hopefully get a firm delivery date. I was again told to allow 24-48hrs, and that someone would contact me.  Nobody contacted me following this call.  No resolution or information.

I telephoned CustomerServices again on 6th March (ref. 2******), and explained the whole sutuation again. I also gave details of legal requirements (DSR) and expected business etiquette.  I also explained my next-step intentions.  The agent requested that I give him 24-48hrs to look into it, and that he definitely would contact me.  I did receive an email, informing me that a fixed delivery date could not be given, and that it should be despatched by the end of the month.  I was assured that the complaint had be lodged, but considering how CustomerServices have strung me along since paying for the order, thought it prudent to raise my complaint through other avenues (this forum being the first).  No resolution or information.

I contacted Apple and made enquiries about the iPhone 14 Pro Max.  It is in stock, and can be delivered the next day, or picked up at the local outlet on the same day!   How this level of business should be!

I required a new phone as a matter of urgency.  The next day delivery availability was the deciding factor to my ordering through Samsung.

Samsung were dishonest to acquire orders.

False advertising (stock and delivery).

According to the DSR regulations, if I do not receive the goods within 30days of Samsung having taken payment, this becomes a criminal matter.  To my mind, Samsung are already in breach of contract. I have not agreed to these delays, and have expressly detailed my requirements (which Samsung advertised but could not deliver).

Could someone in authority at Samsung please contact me via email regarding this appalling service (and apparent ignorance to customers).  As for the order, I am currently weighing the pros and cons between the two devices, but am leaning towards cancelling the order and buying an iPhone (which I could be using the next day).  Ultimately, my need outweighs what I want, and I really wanted the Samsung.

** Please bring this thread to the attention of someone in authority, as CustomerServices seem unable to put this right.  Brands/reputation previously mattered, but seems not so much today?

To add...  Having read a number of online reviews, posted by other Samsung customers, I now know that this 2 week (repeated) extension is common practice for Samsung.  I am currently compiling a list of reviews and sources to raise this complaint with trading standards.  It is not acceptable.

Deliver what you advertise!

[ReeceQ]

It's a poor business model. Make people pre order. Say arriving 17th Feb, then on 17th Feb give no updates and then after chasing their CS shrug shoulders and say delayed without definite deadline. Its really poor. THEY then rely on small print whilst shrugging shoulders.

TBH, I would have had no issue if they were upfront and honest and say 1TB model will take 8 weeks etc. But like many we ordered when their website saying in stock.

It's a mess but waiting and seeing. Tbh the excitement of a new phone feeling long gone.

[SparkoneGKSC]

@adamwilliams84 

@adamwilliams8 ?

re. DSR

If you have still not received your goods 30 days after payment is taken, the merchant is in 'breach of contract', which should be raised in criminal court.  A full refund is the least of it.

They advertised stock/services that they could not deliver. It's fraud.

[SparkoneGKSC]

@adamwilliams84

"If you do not follow the rules you could be made to provide the goods or services as agreed, pay compensation or be given an unlimited fine or a prison sentence."

> deliver the goods within 30 days, unless you’ve agreed otherwise with the customer.

As well as the rules for distance selling, there are extra rules for selling online.
> give a description of your goods, services or digital content - include as much information as you can.

///I have not agreed to these delays
I made a purchase for a product that was listed as 'in stock', and selected a 'next day delivery' option which was listed as 'available'.

...

re. full refund of the item after the goods arrive (later than the allotted 30 days)...
You have 14 days from receiving the goods to return the goods for a full refund. This is covered in DSR regulations.

If you're asking whether you can keep the goods and the money... I rather doubt that a company (or a judge) would offer that, unless the cost of recovering the goods outweighed the value of the good (causing a loss to the company).

It is up to the compamy to offer compensation.  The negotiation can be assisted by an ombudsman or mediation services provided by solicitors.
If you wish to sue for damages/losses, would require use of the small claims court.
Irrelevant of how you proceed, once DSR is breached, laws have been broken, and the authorities will/should issue a fine (or pursue prosecution) accordingly.
The process of the company being held accountable for breaking the law is typically separate to your grievance/s against the company.

Considering how large corporations are trying to normalise this substandard level of service, I would advise all consumers to utilise their rights.  Were roles reversed, you would certainly pay a cost.

The large corporations spend a lot of money on lawyers to find loopholes, to justify the below-acceptable service standards which some deliver.  Difficult to wriggle out of this though.

Whenever shopping online, I always create screenshots (minimum) of the purchase process.
It's a good habit to develop.

I did not sign up to a pre-order.  I placed an order, and paid for, a product which was listed as 'in stock/available'.  I selected the 'next day delivery' option, which further supports the fact.

I was today informed that Samsung will review the misleading 'in stock' details on their website.  If you did not already create&save a screenshot, I suggest that you do it before it is updated.

"It's not what you know, it's what you can prove"

Source (DSR):
https://www.gov.uk/online-and-distance-selling-for-businesses

[Winiu]

Camera in this phone is so disappointing. I've upgraded my phone specially for better camera... Fully regret.

[Raul42]

I placed an order on the 27th of december, on their website was fake advertised samsung galaxy s23 ultra and buds, traded in my old s22 ultra, i never received the buds i contacted them they said i have to claim them separate, i went to do that and guess what, only s23, s23 fe and s23plus could claim them, s23 ultra wasnt included, they do fake advertise, i emailed and said, aince they fake advertised the earbuds, i may aswell keep the s22ultra, or send it once i receive the buds, or take legal action for cake advertising, luckily i took a screenshot of it as they took down the buds and left just the phone 

[Rowly]

I walked into 02 shop a week last Friday ordered this phone on switch up as I had switch up with my last phone I ordered my new one had a text last Friday saying it had arrived so went in to get it they switch everything for you from old phone then with switch up you give back your old phone & come home with the new simple Im very happy 😊