Samsung smart oven not working as advertised

Alderbank

hayhayc said:

I have checked the box it's not there. And it seems to me that it should be included but samsung state otherwise.

On that bases it just seems they sold me an item that do not perform as advertised 

No, you can't say that. You simply don't know.

Samsung sell the divider partition as a genuine spare part for £85.89. I agree it reads very much as that it should have been included.

If you obtain that divider and the oven doesn't perform as advertised then, and only then, could you claim that it doesn't perform as advertised.

hayhayc

Alderbank said:

hayhayc said:

I have checked the box it's not there. And it seems to me that it should be included but samsung state otherwise.

On that bases it just seems they sold me an item that do not perform as advertised 

No, you can't say that. You simply don't know.

Samsung sell the divider partition as a genuine spare part for £85.89. I agree it reads very much as that it should have been included.

If you obtain that divider and the oven doesn't perform as advertised then, and only then, could you claim that it doesn't perform as advertised.

But if its called a dual zone oven and it can't do dual zone out of the box though. It's kind of like buying a coffee grinder but without buying optional burr, I cannot grind coffee (sorry for poor example) 

Aylesbury_Duck

hayhayc said:

I have checked the box it's not there. And it seems to me that it should be included but samsung state otherwise.

On that bases it just seems they sold me an item that do not preform as advertised 

Incorrect.  The oven is performing in it's "fully used" state, isn't it?  It's incapable of informing in its divided state because the part is missing, but that doesn't mean it cannot perform as advertised.  You don't have grounds to reject it on the basis it's not performing as advertised.  If you tried to reject it now I don't think that would work because you've been using it for two months and have owned it for five.

If you've reached the end of the road trying to persuade them the divider was missing, your only choices are to take the hit and buy a divider, or send them a letter threatening court action unless they provide the divider you claim was missing from the package.

Aylesbury_Duck

hayhayc said:

Aylesbury_Duck said:

Seems pretty clear to me that the divider should have come with it.  It's not an asterisked item on that list, and from the link you included in your opening post, it has it pictured and not listed as a "not included" item in the picture.  I think the customer service team is mistaken, confusing it with a model that doesn't have a divider, perhaps?

That leads it to be a missing part rather than an optional item you didn't purchase.  The problem you have there is the delay reporting it missing.  Do you have all the original packaging?  Are you absolutely sure you unpacked everything?  I can see it from their point of view, because even allowing for the "dead time" of June to September, it's now November and you're reporting a missing item after two months' use and five months' ownership.

There is no oven ombudsman.  How much would a divider cost you to buy?  That's the value of your loss, and I'm afraid you're probably going to have to buy one because it doesn't look like you have evidence it wasn't included.

That is fair if they say missing item but time lapsed. However the stand samsung is making is that in multiple email the divider should not be part of the oven. So either I can assume they made a misunderstanding and did not include the divider. Or the divider is indeed an optional item as they state. But without the divider my oven does not preform as it was listed on their website to do dual zone cooking. 

The divider is around 80 pounds to an oven thay costed me around 450. 

The trouble is, we can all agree that they're mistaken.  Their website doesn't say anything about it not being included, so it's reasonable to assume it should be, and that's further backed by the parts inventory in the manual.  Their customer service team have simply got it wrong. However, that's a separate matter from the missing part, which is either a result of them not packing it in the factory, or you having mislaid it since receiving it.  They don't have firm evidence of having included it, and you don't have firm evidence of it not being included.  Were this shortly after delivery, you'd be in a stronger position, but five months on?  Not so much.

hayhayc

Aylesbury_Duck said:

hayhayc said:

Aylesbury_Duck said:

Seems pretty clear to me that the divider should have come with it.  It's not an asterisked item on that list, and from the link you included in your opening post, it has it pictured and not listed as a "not included" item in the picture.  I think the customer service team is mistaken, confusing it with a model that doesn't have a divider, perhaps?

That leads it to be a missing part rather than an optional item you didn't purchase.  The problem you have there is the delay reporting it missing.  Do you have all the original packaging?  Are you absolutely sure you unpacked everything?  I can see it from their point of view, because even allowing for the "dead time" of June to September, it's now November and you're reporting a missing item after two months' use and five months' ownership.

There is no oven ombudsman.  How much would a divider cost you to buy?  That's the value of your loss, and I'm afraid you're probably going to have to buy one because it doesn't look like you have evidence it wasn't included.

That is fair if they say missing item but time lapsed. However the stand samsung is making is that in multiple email the divider should not be part of the oven. So either I can assume they made a misunderstanding and did not include the divider. Or the divider is indeed an optional item as they state. But without the divider my oven does not preform as it was listed on their website to do dual zone cooking. 

The divider is around 80 pounds to an oven thay costed me around 450. 

The trouble is, we can all agree that they're mistaken.  Their website doesn't say anything about it not being included, so it's reasonable to assume it should be, and that's further backed by the parts inventory in the manual.  Their customer service team have simply got it wrong. However, that's a separate matter from the missing part, which is either a result of them not packing it in the factory, or you having mislaid it since receiving it.  They don't have firm evidence of having included it, and you don't have firm evidence of it not being included.  Were this shortly after delivery, you'd be in a stronger position, but five months on?  Not so much.

yea, I probably should have checked all items are there in the first place. In the mix of renovating the whole house, things just get ordered but install at a much later date. Lesson learnt I suppose. But it just frustrates me that the customer service can argue that the divider is not part of the oven lol

Aylesbury_Duck

It's not great customer service, and one wonders how effective they'd be at providing any usage advice if they can't even establish what the oven should include.

TELLIT01

The diagram of accessories does state that availability depends on model for anything with an * against it, and the divider does have an *.  Irrespective of that the OP says it was delivered in June and not installed for 4 months.  Samsung could legitimately claim that anything could have happened in the intervening time.

Okell

@hayhayc -  are you 100% certain that the oven you linked to in your opening post is the one you bought?

If you are absolutely certain then I'd go back to Samsung one more time and point out to them that:

1.  They are clearly wrong to have told you that the "divider" does not come as standard with this oven as the manual clearly states that it does.  (There is no asterisk against the divider on page 6 of the manual headed "Accessories" or headed "What's included" on the index page of the manual)



2.  What they have told you is self-contradictory and makes no sense.  "... The oven divider is considered an optional accessory for the dual zone feature, and while the dual zone is a feature of this oven, the Dual Cook divider does not come with it and needs to be purchased separately. Regrettably, the time frame for reporting any missing part issues has now passed, as we require notification of such issues within 28 days of delivery..."

If the "divider" does not come as standard with the oven why do they think the time frame for reporting missing parts is relevant?  What they've told you makes no sense.



3.  It's quite clear that the Dual Cook facility is a key feature of the oven and that Samsung consider it to be an important selling point.  Contrary to what other posters have said, I would argue that the oven is not as described and/or is not fit for purpose if the Dual Cook facility cannot be used because the "divider" is missing.  (And presuming the presence of this feature was an important factor in your decision to buy it).

 Tell Samsung that the Consumer Rights Act 2015 (legislation.gov.uk) makes no mention of the consumer having to report missing items within 28 days and simply says that if the oven is found not to conform to contract within 6 months of delivery, then it is presumed not to have conformed to contract on the date of purchase - unless the seller can establish otherwise.  Tell Samsung that the missing "divider" on delivery means that the oven did not conform to contract on the date of purchase, and that Samsung are therefore in breach of the Consumer Rights Act.




If they still refuse to supply a "divider" I don't see what you have to lose by purchasing one yourself and then issuing a money claim against Samsung to recover the cost of the divider plus claim fee.  Obviously you'd need to follow the correct procedure by sending them a Letter Before Claim (i) outlining the issue, (ii) including a copy of the receipt for purchase of the "divider" and (iii) giving them a deadline for refunding you.  (I think 28 or 21 days would be reasonable).

The advantage of you buying a "divider" and providing proof of purchase is that it makes it very difficult for Samsung to argue that you are simply trying to pull a fast one.

(I'm assuming that the cost of the "divider" - about £85? - makes it reasonable to issue a money claim)

Aylesbury_Duck

TELLIT01 said:

The diagram of accessories does state that availability depends on model for anything with an * against it, and the divider does have an *.  Irrespective of that the OP says it was delivered in June and not installed for 4 months.  Samsung could legitimately claim that anything could have happened in the intervening time.

Does it?  Isn't it one of only three items without an asterisk?

But yes, I agree with you that the time elapsed is the problem.

hayhayc

Okell said:

@hayhayc -  are you 100% certain that the oven you linked to in your opening post is the one you bought?

If you are absolutely certain then I'd go back to Samsung one more time and point out to them that:

1.  They are clearly wrong to have told you that the "divider" does not come as standard with this oven as the manual clearly states that it does.  (There is no asterisk against the divider on page 6 of the manual headed "Accessories" or headed "What's included" on the index page of the manual)



2.  What they have told you is self-contradictory and makes no sense.  "... The oven divider is considered an optional accessory for the dual zone feature, and while the dual zone is a feature of this oven, the Dual Cook divider does not come with it and needs to be purchased separately. Regrettably, the time frame for reporting any missing part issues has now passed, as we require notification of such issues within 28 days of delivery..."

If the "divider" does not come as standard with the oven why do they think the time frame for reporting missing parts is relevant?  What they've told you makes no sense.



3.  It's quite clear that the Dual Cook facility is a key feature of the oven and that Samsung consider it to be an important selling point.  Contrary to what other posters have said, I would argue that the oven is not as described and/or is not fit for purpose if the Dual Cook facility cannot be used because the "divider" is missing.  (And presuming the presence of this feature was an important factor in your decision to buy it).

 Tell Samsung that the Consumer Rights Act 2015 (legislation.gov.uk) makes no mention of the consumer having to report missing items within 28 days and simply says that if the oven is found not to conform to contract within 6 months of delivery, then it is presumed not to have conformed to contract on the date of purchase - unless the seller can establish otherwise.  Tell Samsung that the missing "divider" on delivery means that the oven did not conform to contract on the date of purchase, and that Samsung are therefore in breach of the Consumer Rights Act.




If they still refuse to supply a "divider" I don't see what you have to lose by purchasing one yourself and then issuing a money claim against Samsung to recover the cost of the divider plus claim fee.  Obviously you'd need to follow the correct procedure by sending them a Letter Before Claim (i) outlining the issue, (ii) including a copy of the receipt for purchase of the "divider" and (iii) giving them a deadline for refunding you.  (I think 28 or 21 days would be reasonable).

The advantage of you buying a "divider" and providing proof of purchase is that it makes it very difficult for Samsung to argue that you are simply trying to pull a fast one.

(I'm assuming that the cost of the "divider" - about £85? - makes it reasonable to issue a money claim)

I am 100% certain that the oven I bought is the model on the link as I have double checked a few times to the invoice. I have purchased close to 2K in kitchen appliance with samsung so certainly not trying to pull a fast one. I will write to them again and if still hitting a brick wall, what is the correct procedure that you mention regarding going the small money claim?