CPA and a out of box failure on a TV

zululami

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Entitlement mentality. The only thing the store owes you in this unfortunate event is your money back. Stop trying to bend simple CPA rules and look for keyhole entries. Take your money!
 

Unpopular Prawn

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Haters back off. OP has a point. You can look at various scenarios, Insurance for example, you have a 60" TV stolen, but they give you enough money back for a 40". Its not the size that is in question, but the value. OP bought the TV on special, yet said special has elapsed. For him to then purchase the equivalent TV, it would cost him more. He is thus out of pocket as a result of the store. The store should unfortunately make up the balance. Yes there are alternatives, however the OP did not purchase said alternatives to start off with, as it was his preference not to. This is a stale mate between consumer and supplier, for which the basis of the CPA is to protect the consumer. I bet the Commission would find in favour of the OP.
 

hellfire

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Haters back off. OP has a point. You can look at various scenarios, Insurance for example, you have a 60" TV stolen, but they give you enough money back for a 40". Its not the size that is in question, but the value. OP bought the TV on special, yet said special has elapsed. For him to then purchase the equivalent TV, it would cost him more. He is thus out of pocket as a result of the store. The store should unfortunately make up the balance. Yes there are alternatives, however the OP did not purchase said alternatives to start off with, as it was his preference not to. This is a stale mate between consumer and supplier, for which the basis of the CPA is to protect the consumer. I bet the Commission would find in favour of the OP.

I bet it wouldn't.
The consumer is not out of pocket at all - he will be in exactly the same position as he was in before.
In fact, it's likely the store that will be out of pocket as the customer likely paid with a credit card, and thus the fees (often over 3%) will be lost to the store.
The insurance scenario is not even comparable. The value of the TV is governed in this case by the transaction that took place. So the value was thus R10,000. Which the store has offered to refund in full. The spirit of the CPA is to protect consumers by ensuring that they are not in a worse position than before; NOT to favor them at the detriment of retail stores.
The OP started on Thursday (before Black Friday) with R10k in his bank account and no TV. Should he be refunded, that's exactly where he'll be now.
 

SauRoNZA

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Haters back off. OP has a point. You can look at various scenarios, Insurance for example, you have a 60" TV stolen, but they give you enough money back for a 40". Its not the size that is in question, but the value. OP bought the TV on special, yet said special has elapsed. For him to then purchase the equivalent TV, it would cost him more. He is thus out of pocket as a result of the store. The store should unfortunately make up the balance. Yes there are alternatives, however the OP did not purchase said alternatives to start off with, as it was his preference not to. This is a stale mate between consumer and supplier, for which the basis of the CPA is to protect the consumer. I bet the Commission would find in favour of the OP.

Except the consumer needs no protection in this case...

The consumer wants to exploit the CPA for profit effectively.

The consumer can use the manufacturer warranty to get the exact TV they purchased. But they don’t want that.
 

Geoff.D

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Take the refund and then you can wait for another after Xmas special, or use the money and pay in the difference on another mor expensive one.

I insisted on Black Friday that the TV I bought was tested in store before I took it. --- They moaned like stuck pigs because of the pressure on the day but I stuck to my guns.
 

Ecco

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Except the consumer needs no protection in this case...

The consumer wants to exploit the CPA for profit effectively.

The consumer can use the manufacturer warranty to get the exact TV they purchased. But they don’t want that.

I called the manufacturer (Samsung) first when the TV was found to be damaged out the box. They told me I have to resolve this with the store and that they cannot assist with this.
 

ToxicBunny

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I called the manufacturer (Samsung) first when the TV was found to be damaged out the box. They told me I have to resolve this with the store and that they cannot assist with this.

Then re-escalate with Samsung SA and tell them the store is not honouring the warranty of the product.
 

Ecco

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Then re-escalate with Samsung SA and tell them the store is not honouring the warranty of the product.

I have done this, i have made easy more then 2 hours worth of calls with Samsung. They keep pushing this to the store to sort out.
 

Geoff.D

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Exactly what do you want the store to do, IF they have no more stock of the exact same TV and can't get anymore of the same TVs?
They have offered you a refund ....
 

ToxicBunny

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I have done this, i have made easy more then 2 hours worth of calls with Samsung. They keep pushing this to the store to sort out.

Then take the refund... and wait for a special again.

If the store doesn't have stock, then they can offer you a refund or a replacement TV to the same value you purchased it for...
 

Sumen

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Then re-escalate with Samsung SA and tell them the store is not honouring the warranty of the product.
But this is not Samsung's problem as the tv was an "off-the-floor" item, anything could have happened to the TV while it was on the floor or during transportation.
 

SauRoNZA

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I called the manufacturer (Samsung) first when the TV was found to be damaged out the box. They told me I have to resolve this with the store and that they cannot assist with this.

Nonsense.

You probably rushed in with wanting a replacement out the gate which is why they said they can't help you.

What you can do now is log a normal technical support request and they send someone out to come and asses the problem and repair it or give you options to replace it.

No need to involve the supplier.

Source : Done this with multiple Samsungs already because they are **** and won't buy them again.


To make it perfectly clear. You call Samsung and you tell them your TV is broken and you need warranty service. You don't ask them for a new TV or to replace it with another. You ask them to send a technician to repair it.

Also learn from this and don't buy a Samsung again.

Of course if you no longer have the TV at your premises then that explains the entire confusion as Samsung can't really sort out a TV that isn't with yourself.
 
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Ecco

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To set the record straight here, I am looking for a replacement of the exact TV I bought, failing which i will settle for any 2017 55 inch TV with comparable specs. I am not interested in a refund.

Whether the replacement comes from Samsung directly or the store I don't care. I have tried both options and so far I have not had any luck.

For those interested in reading up on the CPA, find attached and below the note regarding defective goods. This is the basis on which I will lodge my complaint.

ADVISORY NOTE 1: CONSUME‘͛S ‘IGHTS ‘EGA‘DING DEFECTIVE GOODS
This note is provided by the office of the Consumer Goods and Services Ombudsman to guide
suppliers and consumers as to their rights and obligations under the Consumer Protection Act
with regard to sections 55 & 56 Consumer Protection Act (CPA) (Implied warranty of
quality)
Implied warranty
Section 56 of CPA imposes a built-in or automatic warranty (commonly known as a
guarantee) that all goods sold comply with the requirements listed in Section 55, namely:
(a) They are reasonably suitable for the purposes for which they are generally intended;
(b) They are of good quality, in good working order and free of any defects1
;
(c) They will be useable and durable (will last) for a reasonable period of time2
;
(d) They comply with the Standards Act/ other public regulations; and
(e) They are reasonably suitable for the specific purpose that the consumer has
informed the supplier that the consumer wants to use them for.
If the goods are not suitable for the purposes for which they are intended or otherwise fail
to comply with the requirements listed in Section 55 (above), the consumer is entitled to
return them, at the supplieƌ’s ƌisk aŶd edžpeŶse aŶd ǁithout peŶaltLJ, and:
(a) Have the item(s) repaired; or
(a) Have the item(s) replaced; or
(b) Get a full refund of the price paid.
IMPORTANT:
The choice is the consumers: the supplier cannot force a consumer to opt to have the
goods repaired if the consumer prefers a refund or replacement unless the defect is
insignificant or minor (see below). The consumer can insist on a cash refund instead of a
store credit or vouchers, or on a replacement with something similar at no additional cost.
The supplier may not force the consumer to purchase a more expensive model or brand.
The supplier must bear the costs of repairing, collecting and/ or replacing the defective
goods and may not charge for usage or wear and tear on the returned product.

View attachment cgso advisory note returns.pdf
 
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SauRoNZA

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To set the record straight here, I am looking for a replacement of the exact TV I bought, failing which i will settle for any 2017 55 inch TV with comparable specs. I am not interested in a refund.

Whether the replacement comes from Samsung directly or the store I don't care. I have tried both options and so far I have not had any luck.

For those interested in reading up on the CPA, find attached and below the note regarding defective goods. This is the basis on which I will lodge my complaint.

View attachment 485034

What you are failing to see in that quote is the a Refund is the number one top priority option that supersedes all.


The "choice" relates to having a refund over a repair or replacement. You have been offered said refund and refuse to take it so the CPA is basically done with you because you've already gotten the best option available to you without any drama at all...except the drama you've added.

Not being interested in a refund is the problem here and the CPA doesn't help you with that.

By the way the CPA takes MONTHS. You can just take the refund and go buy another TV on special and still get ahead in time.
 

Ecco

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Messages
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Nonsense.

You probably rushed in with wanting a replacement out the gate which is why they said they can't help you.

What you can do now is log a normal technical support request and they send someone out to come and asses the problem and repair it or give you options to replace it.

No need to involve the supplier.

Source : Done this with multiple Samsungs already because they are **** and won't buy them again.


To make it perfectly clear. You call Samsung and you tell them your TV is broken and you need warranty service. You don't ask them for a new TV or to replace it with another. You ask them to send a technician to repair it.

Also learn from this and don't buy a Samsung again.

Of course if you no longer have the TV at your premises then that explains the entire confusion as Samsung can't really sort out a TV that isn't with yourself.

Why should I ask for a repair on something I did not break? This was broken out the box - its not even a case of me using this TV for a day and then having an issue with it.
 

SauRoNZA

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Messages
39,874
Why should I ask for a repair on something I did not break? This was broken out the box - its not even a case of me using this TV for a day and then having an issue with it.

Because you are "not interested in a refund".

Really this isn't that hard to understand. You are being obtuse and making your own life hard.

The refund is the top option from the CPA and what they will chase when you make a complaint to them as that's what most suppliers take issue with as it loses them money.

However since you've been offered a refund and denied it the CPA will simply go "heh?" and send you on your way.
 

Ecco

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Messages
8,070
Because you are "not interested in a refund".

Really this isn't that hard to understand. You are being obtuse and making your own life hard.

The refund is the top option from the CPA and what they will chase when you make a complaint to them as that's what most suppliers take issue with as it loses them money.

However since you've been offered a refund and denied it the CPA will simply go "heh?" and send you on your way.
The refund is not the top option, the choice is entirely mines:

IMPORTANT:
The choice is the consumers: the supplier cannot force a consumer to opt to have the
goods repaired if the consumer prefers a refund or replacement unless the defect is
insignificant or minor (see below). The consumer can insist on a cash refund instead of a
store credit or vouchers, or on a replacement with something similar at no additional cost.
The supplier may not force the consumer to purchase a more expensive model or brand.
The supplier must bear the costs of repairing, collecting and/ or replacing the defective
goods and may not charge for usage or wear and tear on the returned product.
 

xrapidx

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Feb 16, 2007
Messages
39,103
The choice is yours if they can accommodate you. They cant because they do not have the model in stock.
 

SauRoNZA

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Messages
39,874
The refund is not the top option, the choice is entirely mines:

Read it again.

They can’t force you to have a repair.

But they can give you a replacement or refund.

Specifically the bit under IMPORTANT.

Which is why I’m telling you a refund is the top priority because then you can take your money to any retailer you want or even forego the product altogether.

Most retailers never want to refund. There why the CPA exists now, that’s entirely what the protection is all about.

The choice comes in not having to be forced to repair something. Not so much to choose which one of the three options you prefer best at your discretion.
 
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