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Original topic:

KS Owners refund

(Topic created on: 27-06-2018 11:00 PM)
paul1277
Black Belt 
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TV

Do all you good people who bought a 2016 Samsung TV know Samsung have stopped supporting it. The promised they would support HLG (BBC Iplayer HDR). This was in the Dec 2016 Trusted Reviews and What Hi Fi. They have not and if you had bought a Panasonic or LG 2016 set you would be able to watch Iplayer Blue Planet 2 in glorious HLG. This is a big issue because HLG looks like the standard for all over the air broadcasting. Samsung are not even supporting a 4K update to Iplayer. The reason looks like it will cost just 5 cents or pence per unit. So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!

You wrote in your Dec 2016 issue that Samsung were supporting HLG in their 2016 models. Do you know that Samsung have supported their 2017 models but not the 2016 models. I know because the BBC IPlayer Blue Planet 2 will not play in 4K or HLG. It's not good considering Panasonic and LG both do support their 2016 models. It means my KS model I bought in Jan is now deemed out of date by Samsung. It looks like their are royalty fees which Samsung will not pay! Not good.


All you people in the UK can return your KS TVs IF you bought it for the use of the smartthings Extend that will never be coming out for our TVs. ***** is how.

 

Tell them you want a full refund because they promised that if you bought a KS TV you would get a FREE Smartthings Extend. They proof you will need is easy to find and is the reason you bought this TV.

 

https://www.youtube.com/watch?v=IMc3V98yzNY

 

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I bought mine from J Lewis and the Samsung Extend addvert is still there https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1

 

If you bought your KS TV from currys http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/

 

They both say that you will get a free smartthings extend USB dongle.

Now send you TVs back for a full refund Smiley Happy

 

 

All those who bought a Samsung TV in 2016 may have claim for miss selling. It basically means that all you folks who bought the 2016 Samsung units have 2 choices. After Dec 2016 and if you had seen any articles that are press release's about HLG support and that influenced you decision to buy may have a case. For all those owners who read the info from the retailers on their web pages and saw and was influenced by the promise of the smart connect which has not been honoured, then you also have a case for miss selling. If you all spread this in all available media then I am sure the retailers would put pressure on to Samsung to correct this. If nothing else you could end up with nice shiny LG or Panasonic, or the new Philips that all are HLG BBC iplayer compatible, and with the HDR10 plus that again Samsung have still not implemented, you may be best with LG and Dolby Vision.

Also take a copy of the retailers web page before they change the description.

 

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I will try to explain how to get a refund for miss selling (seen how much the LG's have come down). I followed this way and got a full refund or a JS8000.

You need to show that you asked or believed that or influenced by claims made about the capabilities of the TV. With BBC Iplayer HLG it's from the Trusted reviews and What Hi Fi, and any other publications and if you asked the retailer.

 

https://www.whathifi.com/advice/hdr-tv-what-it-how-can-you-get-it#6locceZo3Zf8yi5T.99

you can show you had been informed.

It's different with the smart connect as that is advertised on the main retailers web sites,

https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1
http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/
https://www.youtube.com/watch?v=yRSWoUmU5YQ

As the donngle's have not turned up you now claim miss selling, so either go to your retailer or email them with the web page, and explain why you think you were miss sold. Also phone Citizens Advice 03444 111 444 and raise a case (this also gets past on to Trading Standards). Explain that the retailer informed you off the capabilities via their web page information, and either show the page printer or the link, as above.

They will advise and link you to some template letters to send to your retailer.

I had to send a letter of intent to take legal action (template from Citizens Advice) against Curry's but then they gave me a refund.

So mention all the promises from Samsung full support for HLG, Smart Connect, and HDR10+

It will cost nothing to ask and again may bring some pressure on to Samsung.

2,552 REPLIES 2,552
Superted854
Apprentice
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TV

Agreed, seems people are having more luck with the stores they bought them from.

 

Shame though as I bought mine online so will have to deal with head office.

 

Sent in the email so will see what they say.

 

Jep_uk
Pioneer
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Apologies for late reply, mad busy with work and home improvements. I will be posting up a template of my email shortly when i get 5 mins spare (i.e. once little one has gone to bed). 

 

Nice to see others getting positive responses in the mean time. 

paulyoung666
Explorer
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TV

Brilliant to see that some progress is being made on this  , I'm still glad I bought mine from richer sounds , they were faultless in my dealings , as for Currys , I'm still in arguments with them over a £100 camera , it's highly likely they will never ever get another penny out of me after this 😡😡😡

Jep_uk
Pioneer
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As promised:

 

Insert date

Reference: Insert name / John Lewis – Samsung insert model number e.g. ue55ks8000

Dear Sir or Madam,

 

I am writing to you to with regards to the mis-selling of the Samsung UE49KS7000 TV. I bought the set, in insert month and year for £xxxx, under the belief that the TV would be suitable for controlling SmartThings devices with the inclusion of a SmartThings Extend USB adapter. This was due to advertising on your website, which was presented in two different locations; the first as a general Samsung information page for their 2016 SUHD TVs from the following link:

 

https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1 (link no longer works as the advert has since been removed)

 

and the second on the device product page, which is still available online and can be accessed by the link below:

 

INSERT WEBLINK TO THE SPECIFIC WEBPAGE FOR YOUR TV MODEL – This is accessible from google, just type in John Lewis Samsung and your tv model and it should show you the page, check that it does have the Smartthings extend description.

 

Given the time of the purchase (Insert month and year), the purchase is covered by the Consumer Rights Act 2015, which became law on 1st October 2015, which replaced three major pieces of consumer legislation - the ‘Sale of Goods Act’, ‘Unfair Terms in Consumer Contracts Regulations’, and the ‘Supply of Goods and Services Act’. Under this new act, all products must be of satisfactory quality, fit for purpose and as described.  ‘As described’ means that the goods supplied must match any description, or any models or samples shown at the time of purchase.

 

From the link above, you included the following text for advertising the TV:

 

“Control Your Connected Home With SmartThings Extend.

Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.

 

Where the footnote states:

 

 “**With free Samsung SmartThings Extend USB adapter available within 2016.”

 

Samsung have only recently announced that these SmartThings Extend USB devices will not be made available for owners of the KS range of TVs, which means that the TV does not and will never have the functionality as identified above, as detailed in your adverts. As such, the TV you have supplied is not as described as per your advertising. It is noted that the Consumer Rights Act is applicable for a period of up to 6 years following the purchase for cases of mis-representation, as identified in Item 105 within the commentary for Section 1, which states: 

 

Under the law of England and Wales and of Northern Ireland, claims for breach of contract are subject to a limitation period of six years from the date of the breach of contract…….. Because the protections provided under this Part of the Act operate on the basis of contract law, the consumer has 6 years within which they may pursue remedies for breach of one of the statutory rights.”

 

Whilst you may have used information provided by the manufacturer (Samsung), it is your duty to ensure that the information you provide to the consumer is accurate, as this information was used as a basis by me (the consumer) for entering the contract of sale with you (the trader).

 

As you are in breach of contract, and repair and / or replacement will not resolve the issue, i.e. item not as described as opposed to faulty, then I am within my statutory rights to ask for a full refund of the original cost paid.

 

As further evidence for the case of misrepresentation for the sale of Samsung KS TVs which advertised the SmartThings Extend device and SmartThings control capability of the TV, it is noted that Retail ADR have recently been involved in a case between a Samsung KS TV owner and Richer Sounds and have agreed that there was a clear case of misrepresentation by the retailer based upon the retailers adverts on their website. Their website, like yours, stated that the TV would be provided with the SmartThings Extend device and that the TV could be used to control SmartThings devices.

 

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

 

Yours faithfully

 

INSERT NAME

 

Stormed
Pioneer
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TV

@Jep_uk wrote:

As promised:

 

Insert date

Reference: Insert name / John Lewis – Samsung insert model number e.g. ue55ks8000

Dear Sir or Madam,

 

I am writing to you to with regards to the mis-selling of the Samsung UE49KS7000 TV. I bought the set, in insert month and year for £xxxx, under the belief that the TV would be suitable for controlling SmartThings devices with the inclusion of a SmartThings Extend USB adapter. This was due to advertising on your website, which was presented in two different locations; the first as a general Samsung information page for their 2016 SUHD TVs from the following link:

 

https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1 (link no longer works as the advert has since been removed)

 

and the second on the device product page, which is still available online and can be accessed by the link below:

 

INSERT WEBLINK TO THE SPECIFIC WEBPAGE FOR YOUR TV MODEL – This is accessible from google, just type in John Lewis Samsung and your tv model and it should show you the page, check that it does have the Smartthings extend description.

 

Given the time of the purchase (Insert month and year), the purchase is covered by the Consumer Rights Act 2015, which became law on 1st October 2015, which replaced three major pieces of consumer legislation - the ‘Sale of Goods Act’, ‘Unfair Terms in Consumer Contracts Regulations’, and the ‘Supply of Goods and Services Act’. Under this new act, all products must be of satisfactory quality, fit for purpose and as described.  ‘As described’ means that the goods supplied must match any description, or any models or samples shown at the time of purchase.

 

From the link above, you included the following text for advertising the TV:

 

“Control Your Connected Home With SmartThings Extend.

Developed alongside SmartThings, Samsung’s SUHD TV will have built-in software to let you do anything from switching on your lights to locking your doors**. It will connect to over 200 SmartThings compatible devices and put your home under complete wireless control – all from your TV.

 

Where the footnote states:

 

 “**With free Samsung SmartThings Extend USB adapter available within 2016.”

 

Samsung have only recently announced that these SmartThings Extend USB devices will not be made available for owners of the KS range of TVs, which means that the TV does not and will never have the functionality as identified above, as detailed in your adverts. As such, the TV you have supplied is not as described as per your advertising. It is noted that the Consumer Rights Act is applicable for a period of up to 6 years following the purchase for cases of mis-representation, as identified in Item 105 within the commentary for Section 1, which states: 

 

Under the law of England and Wales and of Northern Ireland, claims for breach of contract are subject to a limitation period of six years from the date of the breach of contract…….. Because the protections provided under this Part of the Act operate on the basis of contract law, the consumer has 6 years within which they may pursue remedies for breach of one of the statutory rights.”

 

Whilst you may have used information provided by the manufacturer (Samsung), it is your duty to ensure that the information you provide to the consumer is accurate, as this information was used as a basis by me (the consumer) for entering the contract of sale with you (the trader).

 

As you are in breach of contract, and repair and / or replacement will not resolve the issue, i.e. item not as described as opposed to faulty, then I am within my statutory rights to ask for a full refund of the original cost paid.

 

As further evidence for the case of misrepresentation for the sale of Samsung KS TVs which advertised the SmartThings Extend device and SmartThings control capability of the TV, it is noted that Retail ADR have recently been involved in a case between a Samsung KS TV owner and Richer Sounds and have agreed that there was a clear case of misrepresentation by the retailer based upon the retailers adverts on their website. Their website, like yours, stated that the TV would be provided with the SmartThings Extend device and that the TV could be used to control SmartThings devices.

 

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

 

Yours faithfully

 

INSERT NAME

 


Thank you very much for that, I’ve edited it and sent it to Currys. They reply so slowly (two responses in 20 days) and their responses don’t even address the points I’ve made.

 

I gave them 14 days to offer a refund or exchange towards another TV or I’d contact my credit card company for Section 75 which I have done this evening. Fingers crossed!

 

mrtickle
Helping Hand
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@billinghamn and @Jep_uk , I salute you. Your letters are clear, robust yet polite. Many thanks for sharing.

 

Mylo75
Navigator
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TV

Thanks for posting your email, much appreciated . 

 

So can I presume that absolutely no one has had any success dealing with currys. 

 

I think currys might win the award for worst ever customer service, or maybe Samsung might just beat them to it!

 

Note to self avoid Samsung products and avoid purchasing anything from currys.

paul1277
Black Belt 
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@Mylo75 wrote:

Thanks for posting your email, much appreciated . 

 

So can I presume that absolutely no one has had any success dealing with currys. 

 

I think currys might win the award for worst ever customer service, or maybe Samsung might just beat them to it!

 

Note to self avoid Samsung products and avoid purchasing anything from currys.


Looks like they are still playing the hard ball game. Still worth the ADR for evidence then section 75 and or county court. 

Boofg100
Explorer
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TV
Awfull customer service from currys, I went to citizens advice and it been put forward to Trading standards. Iv mentioned this to them and they are not going to change their mind. Decission is final for partial refund. They have told me to seek 3rd party advice. Given me a address to send my letter stating I want to go to court. So if anyone who wants refund from Currys through customer service this aint happening. Best thing to do is to go via small claims court to which I am intending to do
paul1277
Black Belt 
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TV

@Boofg100 wrote:
Awfull customer service from currys, I went to citizens advice and it been put forward to Trading standards. Iv mentioned this to them and they are not going to change their mind. Decission is final for partial refund. They have told me to seek 3rd party advice. Given me a address to send my letter stating I want to go to court. So if anyone who wants refund from Currys through customer service this aint happening. Best thing to do is to go via small claims court to which I am intending to do

They are behaving just like the poster today said and looks like calling your bluff. By them actually giving you help is to undermine you confidence in winning,  therefore hoping you give up. It now seems that they will not voluntary refund,  which they do not have to. It took a ADR decirto get richer sounds to pay up. As was said it could take the submission of legal papers or section 75 which would then force curry's. Their defence they see to be using is their instance of saying its a fault and ignoring the misrepresentation. The fact the richer sounds lost the ADR and it seems that jl are now paying out must show that it is misrepresentation. 

Paul