Returning a product "Not as described"

Money_Grabber13579

Bungles976 said:

Ditzy_Mitzy said:

The get out is 'typical use'.  What is the definition of that term?  It's sufficiently vague to allow a counter claim that your personal use exceeds what is typical, therefore the battery life is to be expected to reduce.  

I agree it's a get out. But that's part of my argument with them.
Having to turn off 80% of the features is surely less than typical usage...

And indeed, is typical usage not more likely to be every feature turned on? After all, if Samsung believe that typical usage involves turning a feature off, why is it made with that feature in the first place… No point including features which, typically, people don’t use.

Bungles976

So, had a small bit of success.....

I've repeatedly asked the question at the end of every email I've sent.
"Does achieving 20 hours battery life with 80% of the features of the watch turned off match the description of "Up to 40 hours - typical usage? YES or NO""

They have skirted round the question with vague fluffy answers with out actually answering the question. For example.

• "As we tested the battery and found no fault then the watch is working as described"
• "If you say that the watch is not working as described, this would flag up on our diagnostics. It didn't. Therefore in effect, the watch is working as described"

I finally got them to say that they agreed that the battery life I'm getting doesn't match the description.

HOWEVER

They are saying that as the battery has passed the tests then in their opinion the watch is working as described, therefore no refund.

I think my next step will be to suggest an ADR see if they are willing to go down that route. If not I guess I will have to go down the small claims route.

jon81uk

Bungles976 said:

So, had a small bit of success.....

I've repeatedly asked the question at the end of every email I've sent.
"Does achieving 20 hours battery life with 80% of the features of the watch turned off match the description of "Up to 40 hours - typical usage? YES or NO""

They have skirted round the question with vague fluffy answers with out actually answering the question. For example.

• "As we tested the battery and found no fault then the watch is working as described"
• "If you say that the watch is not working as described, this would flag up on our diagnostics. It didn't. Therefore in effect, the watch is working as described"

I finally got them to say that they agreed that the battery life I'm getting doesn't match the description.

HOWEVER

They are saying that as the battery has passed the tests then in their opinion the watch is working as described, therefore no refund.

I think my next step will be to suggest an ADR see if they are willing to go down that route. If not I guess I will have to go down the small claims route.

They are answering the question "is my particular watch faulty?"

You are stating that the product line is mis-advertised by Samsung and the lab tests of usage time by Samsung aren't reflecting realworld usage, therefore even if you got a replacement you wouldn't expect it to be any better?

What claims on battery life were displayed in the store or on packaging? Can you show the store misled you? You need to make it clear you aren't stating your particular watch has a fault, but the signage in-store mislead you.

Otherwise if it is the claim on the Samsung website that is the issue then might be something for Adveristing Standards Agency?

powerful_Rogue

I wouldn't say it's mis-advertised. Had Sasmung watches for many years and never had an issue.

Jumblebumble

Bungles976 said:

I bought a smart watch direct from a Samsung Store as a late Christmas treat to myself on New Years Eve
The battery life is described on the website as "Up to 40 hours - Typical usage"
I have managed to get a maximum of 20 hours battery life out of it with 80% of the features turned off. I think this is less than typical usage and no where near the 40 hours advertised

First tried to return the watch on 13th January - The store took it away, ran some test on the battery and told me it was working fine and therefore as per store policy they wouldnt accept the return. I had done my home work and referred to the Consumer Rights Act 2015 - product not as described. They still refused to accept it and said to call customer services.

Rang Customer services the next day and they agreed with me, it should have been accepted as a return and to take it back to the store and if there are any issues to ring customer services while there

Second attempt at returning it was on 16th January. Went to the store, mentioned the call with customer services - Wouldnt accept it. Mentioned the 2015 act - Still wouldnt accept it. Rang customer services, they spoke to the staff in store. Still wouldnt accept it......

Spoke to customer services again on 17th January, who again agreed with me that it should be accepted as a return and even put it in a email to me.

On the 24th January I forwarded that email and my timeline of trying to return the watch to Partner Retail Services who look after the Samsung Stores. Ive had a standard response

"Thank you for taking your time in bringing this to my attention. I Apologise for any inconvenience this has caused so far  I have forwarded your email on to the relevant parties to provide a suitable resolution for yourself."

Since then Ive sent a further 2 emails asking for confirmation that the store will accept the return with no response.....

My Issue now is that the 30 days allowed for in the 2015 Act will expire on 30th January and I wont have a chance to return to the store by then to make a third attempt at a return. (I did ask if they would honor the 30 days allowed in the latest email)

Do they have to honor the 30 days as I had already tried to return it in that period? 
If I keep getting no response to the emails and they keep refusing to accept the return is the only other way to get a refund through small claims? 

Thoughts and advice welcome

My Iphone will last ages if I turn off all mobile data and Wi-Fi for everything except mail
If I use snapchat or mapping  it drops like a stone
How could anyone measure battery life except for stating  Up to

born_again

How many text/email do you get a day?
What features have been turned off & what do you use the watch for (other than the obvious telling the time)

Bungles976

powerful_Rogue said:

I wouldn't say it's mis-advertised. Had Sasmung watches for many years and never had an issue.

I've had a Samsung watch before this one with no issues either. 
On my old watch the battery was advertised as "up to 3 days - typical usage" and with lots of features turned on I got at least 3 days out of it if not more

Bungles976

jon81uk said:

You are stating that the product line is mis-advertised by Samsung and the lab tests of usage time by Samsung aren't reflecting realworld usage, therefore even if you got a replacement you wouldn't expect it to be any better?

What claims on battery life were displayed in the store or on packaging? Can you show the store misled you? You need to make it clear you aren't stating your particular watch has a fault, but the signage in-store mislead you.

Otherwise if it is the claim on the Samsung website that is the issue then might be something for Adveristing Standards Agency?

While it was the website that I got the specification from, I would say sections 5 and 6 would cover the advertising on the website...

Bungles976

born_again said:

How many text/email do you get a day?
What features have been turned off & what do you use the watch for (other than the obvious telling the time)

I turned off notifications for all texts and emails
Screen brightness turned to the minimum (which at times makes it hard to seethe screen)
Auto wakeup of the screen turned off so I have to press a button for the screen to come on
GPS turned off
Sleep tracking turned off
Heart rate tracking set to manual....

I could go on.

Essentially I can tell the time, count my steps and will get a notification when I get a phone call (which isn't often) and that is it

Bungles976

SUCESS!
After lots and lots of emails back and forth and having to be a nuisance I have had a phone call from the store, and had it confirmed in an email that they are willing to do an "Out of policy return"