Consumer Protection Act: Items that were "won"

Toxxyc

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OK guys so a select few of you are aware that I am in a fight with Samsung because of their horrid service in this specific instance (never had issues before).

So, to those who do not know, herewith the breakdown:

2016/07/29: I use the Samsung Rewards app to burn 230,000 points on a Samsung Level On Wireless Pro headset.

{Time} I use them at the office, and around 4 months after getting them I notice the headband bends weird. A month later that bend becomes a crack and I get in contact with Samsung for the first time regarding the issue. I'm told that yes, I do have a 6 month warranty on the headset and I should take it in to a Samsung Repair Centre.

2017/01/29: I take the headset to the Samsung store in The Grove Mall, after being directed there. They give the set and the bend one look and the guys there "approve" the exchange of the headset with a new one. However, I struggle for almost an hour to book it in on their system because they can't find the model code on their stock list. Eventually it is manually booked in with filled in papers and whatnot. I wait about a week and a half and get called back. They can't exchange it because they can't log the exchange on their system, because of the model number issue. The tech tells me I should take it to the Samsung Head Office, here in Bryanston.

2017/02/25: I collect the headset from them (the first time I'm in that area again) and get NO papers with to prove that it was there. No worries though, as I have the contact details of the techs there.

2017/02/28: I drive to the Samsung HO here in Bryanston and speak to a certain William there. He takes the set, inspects it and approves an exchange (again). He then proceeds to tell me that I should just call the call centre (and provides a number) and tell them to authorize a SAW approval or something like that. The call center asks for the SAW number from the Samsung HO and I tell them that I was not provided with such a number. The call center dude explains to me that they cannot generate one, the store must. I get angry with the store but remain civil and friendly with the call center dude.

2017/02/28 (still): I jump on Samsung Live Chat, and speak to a JoanneL. Inform her of the issue and she walks over to William and get the info from him. She provides me with an email address of a colleague to send the required docs to (the confirmation email from Samsung Rewards). I do so and hear nothing from her for 3 days.

2017/03/03: I'm annoyed and jump on Samsung Live Chat again. I request JoanneL again and ask for feedback. She says that her colleague will call me back, which she does with NO information at all. She's "awaiting approval" from a manager. I tell her that it's already approved, but she insists this is the way. Fine.

2017/03/06: Still nothing, and I throw my toys a little bit. Live Chat again, and I'm told that they will call me. I get called and I'm told that I will be contacted for delivery info within 48 hours, since it's approved and ready to go. I'm not satisfied and log a HelloPeter complaint: https://www.hellopeter.com/samsung-south-africa/reviews/delays-upon-delays-with-no-answers-2222006. Samsung gets back to me with a generic answer, I get an email and I wait out the promised 48 hours.

2017/03/08: Exactly 48 hours after the promises I place my second post on HelloPeter (first comment). Nobody called me and nothing happened. I get on Live Chat again and demand feedback (throwing my toys properly now). I get told that "they don't have stock of the Pro headsets in the country", and that I "should wait until Monday (this coming Monday) to see if there will be anything in the new incoming shipment. I rage a bit and demand a refund on the headset. Calling lady says "I'll look into it" and 10 minutes later she calls me back. "No deal", she says, since I got the set from Samsung Rewards and didn't actually pay for it, and I should wait. I post my last comment on the HelloPeter complaint.

2017/03/09: I do some digging on warranties and whatnot and decide to check the CPA. I come across Article 56 Section 2:

Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—
a) repair or replace the failed, unsafe or defective goods; or
b) refund to the consumer the price paid by the consumer, for the goods.

The bolded part catches my eye. That implies that I can choose - either fix/replace or refund. That poses a problem, though, because there's a mentioning of "the price paid by the consumer for the goods". I didn't pay for them, but the word "price" is a hyperlink and leads to the definition of "price" according to the CPA:

price

when used in relation to--

a) a representation required to be displayed by section 23, includes any mark, notice or visual representation that may reasonably he inferred to indicate or express an association between any goods or services and the value of the consideration for which the supplier is willing to sell or supply those goods or services; or
b) the consideration for any transaction, means the total amount paid or payable by the consumer to the supplier in terms of that transaction or agreement, including any amount that the supplier is required to impose, charge or collect in terms of any public regulation;

Again, the bolded part stands out. The way I see it, they can't provide me with points back as it's not from them (it is a different company). Also, nobody can calculate the cost of data for the apps and whatnot I spent on getting those points. The way I see it is that I can demand a refund on the headset for the Recommended Retail Price from Samsung, which is $249.

Now, this isn't as absurd as it sounds. What if you got a headset like this as a gift and it broke? The warranty doesn't go out the window, specially since Samsung acknowledged the warranty at 3 different places.

What I want to know though is if I'm correct in pushing Samsung for a monetary refund for this, because I don't think they'll get any more headsets at all (they haven't had stock in ANY Samsung store in the history of the headset - they only get the standard one or the Level-Over one). That means I'll be waiting for a replacement forever, rendering the warranty and the CPA useless and making Samsung happy all the way.

So, thoughts?
 
Don't wait but I'm an impatient SOAB. Because your fears are correct. While you wait, you will lose the ability to pursue the case.
 
Don't wait but I'm an impatient SOAB. Because your fears are correct. While you wait, you will lose the ability to pursue the case.

I've considered going to the ombudsman, but I'm not THAT desperate yet. My other option is to buy a sixpack of beer and go sit and drink in the middle of the Samsung HO showroom and chase away customers. I'll print up flyers saying they won't honour the warranty and everything. It's quite effective.

There's also letters to newspapers, magazines, etc. etc. I'm not taking this one lightly, it's a DAMN expensive headset and they've had plenty of time now.
 
Whatever you do , do not sit. Walk up and down, talk to anyone who will listen. If you sit you are not sticking out. Wear a penguin suit, MAKE YOURSELF OBVIOUS.

It will work.
 
Wow, all this for a headset, I would have given up long time ago. Respect for the persistency. Give em hell
 
This type of inefficiency irritates the hell out of me. I have a loud voice for a woman and would have been shrieking like a banshee by now, rolling my eyes n'all, making a scene.

Sometimes being polite doesn't get results.
 
Unfortunately, This saga has played itself out with Samsung products over and over again. It is the core reason why I have tried to avoid Samsung products at all costs. My own experience with a SS S3 and a SS tablet ended up more or less at the same point ----.
SS delayed resolving the issues with the S3 and finally I just gave up. With the tablet I kept going until I ended up with 3 warranty replacements without ever resolving the original issue. The conclusion was when SS admitted that the device could not deliver reliably on that specific functionality which was the reason a I got their tablet in the first place.

I now use that same tablet basically as a "display screen" only, because that is actually the only thing it is good for.
 
I Think at this point the best bet you will have to get something back is an exchange for other products of the same value.
 
Give them hell OP their ceo is on his way to jail.

They deserve all of it. Burn it with fire. Samsung is dead.
 
Whatever you do , do not sit. Walk up and down, talk to anyone who will listen. If you sit you are not sticking out. Wear a penguin suit, MAKE YOURSELF OBVIOUS.

It will work.

Something is working, yes. I'm already getting more feedback than before. Emails, SMS'es, phone calls, etc. Something is working, I'm NOT backing down.

Wow, all this for a headset, I would have given up long time ago. Respect for the persistency. Give em hell

A R3,500 headset, yes, but that's not really the point. I would have done the same for a much lower value item, mostly because I'm not taking losses except time and, well, my wife says that I like complaining.

Sometimes being polite doesn't get results.

I'm a polite man 99% of the time. However, if I don't get results, like you said, a certain point is crosses and that politeness goes out the window.

I Think at this point the best bet you will have to get something back is an exchange for other products of the same value.

This is what I'm thinking as well, but few from Samsung at that value interests me, which is why I'm going to keep insisting on a refund.

At least I got someone's attention and I mentioned it before, so I'm REALLY hoping that come Monday that headset's not going to be there and then I can push for a refund more.
 
Just got a call from Samsung. They managed to source a new headset for me from somewhere. Being sent to the HO here in Bryanston, and I will be able to collect latest Monday.
 
Just got a call from Samsung. They managed to source a new headset for me from somewhere. Being sent to the HO here in Bryanston, and I will be able to collect latest Monday.

Wishing you well. BUT get yourself ready to have that one fail exactly the same way. These problems are very often an inherent defect that sooner or later affects all the units.
 
Wishing you well. BUT get yourself ready to have that one fail exactly the same way. These problems are very often an inherent defect that sooner or later affects all the units.

Actually not. I've seen a few of these, even the demos in the stores are not like this one. The one I had seems to have a piece missing in only one side of the headband, which is why the cover started cracking. The other side is fine. I checked the store demos and bent them MUCH further than I ever bent mine and they don't "kink" like this one does.
 
Went to the repair center, they tell me that the cracks in the headphones physical damage and therefor, the warranty is void.
I tell them that I used the headphones as intended, by putting it on my head... "No sir... the cracks are due to physical damage"... Well no shst... the cracks got there because I used them in the way it was supposed to be used.
 
Jump on the Samsung LiveChat and request to speak to JoanneL. Tell her your headset has the exact same faults as the Level On Wireless Pro headset they exchanged a week ago and tell her it's a common issue.
 
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