Consumer Protection Act: Refund Query??

[DevonBritton]

Hi everyone...

So my wife and I each got a new Samsung Galaxy Watch from FNB late last year. We got them for the dual purposes of smart watch and fitness tracker. However, by the time we got back to Gym regularly after getting the watches, we discovered that the HR monitor on the watch doesn't work properly. During a workout it stops recording your HR and requires a restart of the watch to fix the issue. This is obviously not ideal and clearly the HR monitor is not working as advertised...After some research I've discovered that this is a known issue with these devices and Samsung have made no attempt to rectify the problem.

We took them to Samsung and the did a software reset which didn't help. They told me I was outside the cooling off period so we couldn't return the watches so I've spent months trying to find a workaround...3rd party applications etc...but nothing is working.

I finally contacted FNB and told them they aren't working as expected or advertised and we want a refund and I was told there will be a 20%-100% (of the retail value) cancellation fee depending on whether we have the packaging and the condition of the product...The watches are in perfect condition. There is no damage to the devices and we have full packaging.

Is there any provision for me returning the products because they're not working as expected/advertised and I've exhausted all official and unofficial options at fixing the problem...

I found the following but I'm not 100% sure it applies??

4) Implied warranty of quality
In terms of s56 (read with s55) of the CPA, all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that:

• are reasonably suitable for the purpose that they are intended to be used for,
• are of good quality, free of defects and in good working order, and
• will be durable and usable for a reasonable period of time.

If goods are found not to comply with these requirements then, for up to 6 months after receiving the goods, the consumer can:

• return the goods, or
• get the goods replaced, or
• get the goods repaired.

The consumer can do any of these things without penalty and at the suppliers cost. A general ‘voetstoots‘ clause will be insufficient.


Any assistance would be greatly appreciated...

 

[riscbroker]

On the face of it, you should be covered.

You could email FNB, stating that you intend returning the goods for a full refund, in terms of s56 (read with s55) of the CPA, and refer to your previous correspondence with them. Ask them to detail the return procedure and see what happens.

This way, you have written confirmation of any agreement/negotiation.

 

[DevonBritton]

On the face of it, you should be covered.

You could email FNB, stating that you intend returning the goods for a full refund, in terms of s56 (read with s55) of the CPA, and refer to your previous correspondence with them. Ask them to detail the return procedure and see what happens.

This way, you have written confirmation of any agreement/negotiation.

Thanks.

I've sent them an email. Just waiting for a reply...