CPA and a out of box failure on a TV

Slootvreter

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To use a different example to highlight my problem:

If I bought a car and the same day take I take delivery the engine fails, would it be fair for them to replace my purchased 2017 model car with a 2016 model car?

The difference is the 2016 car would then be a second hand car :rolleyes:
 

Sepeng

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Yeah I'd be interested to know exactly what happens here.
I'd have thought in a situation like this you would get a newer version of the TV, not the older one.
 

xrapidx

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I don't think they're obligated to go out and source one for you - if they don't have the same model, all they can do is offer you an alternative, or a refund.
 

Masataka

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KU and MU are super similar, but obviously you are getting less of a discount in the end if they're just doing a direct swap.
 

Ecco

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He paid less on Black Friday than what the TV is actually worth, so he won't be getting back the actual value of the TV. He also doesn't want the replacement they are offering him.

Everybody says take the refund but the above is exactly the issue. With a refund i wont even get close to that same tv.

I paid R10k for the TV. Same was being sold at Game and Dion at R17k
 
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Everybody says take the refund but the above is exactly the issue. With a refund i wont even get close to that same tv.

And that's the store's problem why? They are obligated to refund or replace to the value you paid for it, not the value you think it's worth.

Yes, it sucks for you, but making the store liable is not fair.
 

Nicholas Lisse

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And that's the store's problem why? They are obligated to refund or replace to the value you paid for it, not the value you think it's worth.

Yes, it sucks for you, but making the store liable is not fair.

This. ^

He pays 10k but wants 17k refunded because “that’s what the TV is worth”

Get he money back and get something worth 10k or save up a little more and get the TV you want.
 

Badprop_za

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I dont expect them to give me a more expensive tv or even a bigger tv, I expect that between them and Samsung they find an equivalent.

I could be wrong, but as far as I know they can provide an alternative or refund.

You don't want the alternative and obviously not the refund. For me, it is not the shops problem if you are not happy with alternatives.
 

Ecco

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This. ^

He pays 10k but wants 17k refunded because “that’s what the TV is worth”

Get he money back and get something worth 10k or save up a little more and get the TV you want.

At no point did I ask for a R17k refund. I was seeking advise with regards to my rights to be provided with a fair replacement (same size TV and a 2017 model) which the store cannot provide.

Regardless I have discussed with the Consumer Goods and services Ombud and will lodge the appropriate complaint
 

Badprop_za

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At no point did I ask for a R17k refund. I was seeking advise with regards to my rights to be provided with a fair replacement (same size TV and a 2017 model) which the store cannot provide.

Regardless I have discussed with the Consumer Goods and services Ombud and will lodge the appropriate complaint

With regards to fair replacement, does the 2016 models offered have similar specs? Size I can understand, but if the 2016 models have similar specs, then I would regard that as a fair replacement.
 

Sumen

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With regards to fair replacement, does the 2016 models offered have similar specs? Size I can understand, but if the 2016 models have similar specs, then I would regard that as a fair replacement.
The 2016 model has similar specs but the 2017 model has an updated OS
 

Badprop_za

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The 2016 model has similar specs but the 2017 model has an updated OS

And the other brands?

Anyhow, interested in what the result of the complaint will be.

Just out of curiosity, did they mention what the repair cost will be?
 

Sumen

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And the other brands?

Anyhow, interested in what the result of the complaint will be.

Just out of curiosity, did they mention what the repair cost will be?
Wrong person, I was just stating the differences
 

SauRoNZA

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He paid less on Black Friday than what the TV is actually worth, so he won't be getting back the actual value of the TV. He also doesn't want the replacement they are offering him.

That’s irrelevant.

He will get back all the money he paid.

The CPA doesn’t care if it was on special or if there was discount.

Refund = The money paid for the item.

Has nothing at all to do with the value of the item.

If he were to swop it and the model is no longer available he would need to choose a model to the value of what he paid as well, not what it was worth at the time of the special.


The only alternative would be to ignore the CPA everyone seems to jump to and make use of the manufacturer warranty instead.
 

Slootvreter

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That’s irrelevant.

He will get back all the money he paid.

The CPA doesn’t care if it was on special or if there was discount.

Refund = The money paid for the item.

Has nothing at all to do with the value of the item.

If he were to swop it and the model is no longer available he would need to choose a model to the value of what he paid as well, not what it was worth at the time of the special.


The only alternative would be to ignore the CPA everyone seems to jump to and make use of the manufacturer warranty instead.

I agree
 

Sepeng

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At no point did I ask for a R17k refund. I was seeking advise with regards to my rights to be provided with a fair replacement (same size TV and a 2017 model) which the store cannot provide.

Regardless I have discussed with the Consumer Goods and services Ombud and will lodge the appropriate complaint

So for what's it worth, lawyer friend agrees with you. She's no CPA expert at all but the basics are - you can't be in a worse off position than before. So if there's no exact replacement the store would actually have to give a better one, not worse. Now the definition of worse off might be a point of discussion but she reckons she's seen quite a few instances where stores basically lie until some sort of Commission steps in. In principle I also agree with you, although I'd have probably gone the route of accepting the 2016 version.
Anyway, I'd also be interested to hear of this outcome.
 
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