29-06-2018 03:50 PM in
I thought it might be useful just to have this thread with all the useful links, reference numbers but not for discussion. Letters sent and received yes please and any info to help people make their case.
29-06-2018 04:00 PM in
Here's a dump of the notes and links I made the other day, largely sourced from the other thread. HTH.
The Consumer Rights Act 2015 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose.
Any returns policy that says I have to cover the cost of returning items must only relate to the situation where I change my mind about the item ordered and not where there is a problem with the item.
I should not lose out financially as a result of your breach of contract and accordingly all costs of returning the item should be met by you.
-----------------
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
Section 50 is new
https://www.which.co.uk/tools/faulty-goods-complaint-tool/
Extracts from the Regs
a short term Right to Reject within 30 days (as opposed to the current "reasonable period") (and claim a full refund), which if not exercised leads onto
the Right to Repair or Replacement and if this isn't satisfactory then
the Right to a Price Reduction or a final Right to Reject (and claim a refund) (after only one attempt at repair or replacement by the trader – one attempt is enough for the consumer to have this right) – where the goods are rejected after the first six months then the trader can reduce any refund by a "deduction for use"; during the first six months any deduction for use is limited to motor vehicles or other goods the Secretary of State may specify in the future.
Every services contract will include as a contractual term pre-contractual statements or information about the services if these are taken into account by the consumer when deciding to enter into the contract or are taken into account by the consumer when making any decision about the service after entering into the contract – however such statements or information can be qualified by the trader or changed (if agreed to by the consumer). Information provided under the Consumer Contracts Regulations 2013 will also be a term of the contract. Note that this provision (section 50) is new and section 50 gives consumers additional protection – traders are going to need to consider what information they provide to consumers to encourage them to contract for services and whether this needs to be qualified in any way – advertising, marketing materials etc will all need to be carefully reviewed. Where this provision is breached by the trader the same rules apply as to whether these terms can be limited or excluded as apply to section 49. (section 50).
If the time for performance is not fixed by contract then the trader must perform the contract within a reasonable time. Where this provision is breached by the trader the same rules apply as to whether these terms can be limited or excluded as apply to section 49. (section 52). (i.e. updates or smart connect)
------------
Richer Sounds text:
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.
---------------
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/32
As you can clearly see here (https://web.archive.org/web/20161130190102/https://news.samsung.com/global/samsung-reveals-entire-20...), in a press release Samsung released on the Samsung Newsroom (news.samsung.com) on December 29 2015 (but has since then been taken down), Samsung state that its entire 2016 smart TV line-up will be Internet of Things ready and all TVs will apply IoT hub technology, allowing the TV itself to act as the controller for the entire smart home. This is a crucial part, as the function to have the TV as the hub and center of the smart home cannot be acquired with the standalone SmartThings Hub you linked to in your previous response. It only allows the hub to connect to the TV and gives you the option to control the TV with the SmartThings mobile app. I can not change the lighting, check the smart front door camera or use any other advertised smart features straight from the TV’s interface like promised. Here you can see the specific functions that are missing from your solution: https://youtu.be/KPhLa2ddWFY.
This was also specially addressed by Samsung Electronics America President & COO, Tim Baxter, at CES 2016. He starts talking about the SmartThings Extend USB adapter at the 3:55 mark on this video, https://youtu.be/bqkZw6NY3K8?t=3m55s.
It is crystal clear that there is no way to deliver this function Tim Baxter talks about, which was promised and described in the Samsung press release, now that the SmartThings Extend hub has been discontinued, so don’t bother trying to sell me on the idea that a separate SmartThings hub will give me this functionality.
As I mentioned in my previous email the CEO’s office of Samsung UK has already confirmed and admitted misrepresentation and false advertising which is a clear breach of the Oct 2015 European Consumer regs. and counts as a miss-selling, which means buyers are entitled to full refund or a replacement.
-------------
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/53
Ramos049 Explorer
3 weeks ago
Sorry for the delay in updating everyone with my progress with Richer Sounds but I ended up taking my complaint to Retail ADR and I was not allowed to discuss it on public forums but I have just had the recommendation through from them and it is good news. They have agreed that it is a clear act of misrepresentation and that I am entitled to a FULL REFUND. So, if you have bought it from Richer Sounds do not accept anything less. Also if you are exchanging it for another TV you could probably get something that cost a little bit more than what your Samsung cost as it would work out cheaper for them to do that than give you a full cash refund. The good thing about Retail ADR is that Richer Sounds are bound by their decision but unfortunately I believe that is not the case with John Lewis or Currys. However, you can still take it to Retail ADR and if they do disregard their decision you can then use it as evidence in the small claims court and you would have an extremely strong case. It has taken two months for it to go through Retail ADR but I'm glad I did, as we all now know that the least they should be offering is a full refund.
-----------
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/60
@Frazzler wrote:
I have my exchange arranged for tomorrow, they deliver a brand new 55” LG B7 which supports HLG & DV and take away my 49” KS8000 which doesn’t, all in a single visit scheduled within a 3hr window. I told them I didn’t have the Samsung box and they will bring one with them.
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/64
[Mine is delivered by bjshomedeliveries, not DPD]
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/68
Ramos049 Explorer
2 weeks ago
Another update with my complaint with Richer Sounds. They are refusing to collect my TV or cover the costs for returning it. I have got a feeling that it is getting a bit personal with me as other people have had their TVs collected. Have contacted Retail ADR and informed them that I will refuse the recommendation if Richer Sounds do not cover the costs for returning the item and take the complaint to the adjudicator to have it added in.
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/72
Ask them why richer sounds are giving refunds and show them the following link,
https://drive.google.com/file/d/1wchOMdwsbyzfMV4dbYBvh0wxDkkn9Z_z/view
which is ADR ruling against richer sounds
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/78
CharlesCC First Poster
Thursday
I had the KS8000 from Richersounds. Followed the advice and within 6hrs Richersounds apologised acknowledged and offered me a credit to the original price £1449
On top of that they even let me use online codes to discount the new OLED i bought.
Well played RS highly impressed. They said samsung were refunding them.
29-06-2018 04:03 PM in
29-06-2018 04:10 PM in
29-06-2018 04:30 PM in
29-06-2018 05:35 PM in
I bought my 49KS8000 over 12 months ago from Richer Sounds and I’ve now exchanged it for an LG OLED B7. All I did was call Richer Sounds Customer Service pressed the digits for Samsung TVs over 12 months old and got through to Paul. I asked where my dongle was and he immediately told me Samsung weren’t honouring it. I asked him what he intended to do to remedy the situation and he immediately offered an exchange, initially with some devaluation but when he got back to me in 2 days he offered the full amount. No paperwork required.
29-06-2018 05:44 PM - last edited 29-06-2018 06:07 PM
[want to del but can't]
29-06-2018 05:56 PM in
@mrtickle wrote:
@Frazzler wrote:I bought my 49KS8000 over 12 months ago from Richer Sounds and I’ve now exchanged it for an LG OLED B7. All I did was call Richer Sounds Customer Service pressed the digits for Samsung TVs over 12 months old and got through to Paul. I asked where my dongle was and he immediately told me Samsung weren’t honouring it. I asked him what he intended to do to remedy the situation and he immediately offered an exchange, initially with some devaluation but when he got back to me in 2 days he offered the full amount. No paperwork required.
Wow. They have a dedicated menu in their phone system for this?
Results like that could do with going on the KS Refunds thread
https://eu.community.samsung.com/t5/TV-Audio-Video/KS-Owners-refund/td-p/358805/page/105
I think we need to keep this clear so only useful info goes here so it does not get overwhelming.
Thanks
29-06-2018 06:00 PM in
10-07-2018 10:00 AM in