Samsung smart oven not working as advertised

hayhayc

p.s to be fair I can afford that 85 pounds, but it just very frustrating how these big companies treating their customers. Im not asking to refund an oven or anything, I just want a divider !!!!!!.

Aylesbury_Duck

hayhayc said:

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?

It's in Okell's post, above.

sheramber

This site provides two email addresses  for complaints  https://eu.community.samsung.com/t5/galaxy-s22-series/samsung-uk-complaints-email-address/td-p/4978157/page/4

support@samsunguk.zendesk.com

uk.help@email.support.samsung.com

DullGreyGuy

hayhayc said:

p.s to be fair I can afford that 85 pounds, but it just very frustrating how these big companies treating their customers. Im not asking to refund an oven or anything, I just want a divider !!!!!!.

To play devils advocate, and having been on the other side of these telephone calls (many years ago), it's equally frustrating how many people try it on by making false claims. 

I'm not saying this is what you are doing but back in my mail order days (shows my age) had a customer complain that the grill pan hadn't turned up with the oven she'd bought from us 9 months ago saying she'd just got round to fitting it. A quick check with our parts team said it was £20 or so to send her a replacement. 

Our IT systems back then were basically green screen mainframes still so no way of searching notes etc but something felt wrong about the case so took the time to scroll through all the notes (she phoned a hell of a lot) and then saw that 3 months after buying it she had claimed the one that had come with the oven had warped badly and so the agent sent a replacement. So not only did it come with one but she'd had a second one from us already. 

I could go on for days of all the silly things people do (twin pack of underwear, one black, one white, customer asks if they can buy a twin pack of black and told not available. Orders two twin packs, sends one back as faulty as it contained two whites - yeah we all know what she did) and if you deal with it all day, you become very cynical!

Perfect training for going into Insurance some have said.

hayhayc

DullGreyGuy said:

hayhayc said:

p.s to be fair I can afford that 85 pounds, but it just very frustrating how these big companies treating their customers. Im not asking to refund an oven or anything, I just want a divider !!!!!!.

To play devils advocate, and having been on the other side of these telephone calls (many years ago), it's equally frustrating how many people try it on by making false claims. 

I'm not saying this is what you are doing but back in my mail order days (shows my age) had a customer complain that the grill pan hadn't turned up with the oven she'd bought from us 9 months ago saying she'd just got round to fitting it. A quick check with our parts team said it was £20 or so to send her a replacement. 

Our IT systems back then were basically green screen mainframes still so no way of searching notes etc but something felt wrong about the case so took the time to scroll through all the notes (she phoned a hell of a lot) and then saw that 3 months after buying it she had claimed the one that had come with the oven had warped badly and so the agent sent a replacement. So not only did it come with one but she'd had a second one from us already. 

I could go on for days of all the silly things people do (twin pack of underwear, one black, one white, customer asks if they can buy a twin pack of black and told not available. Orders two twin packs, sends one back as faulty as it contained two whites - yeah we all know what she did) and if you deal with it all day, you become very cynical!

Perfect training for going into Insurance some have said.

Yea I can understand that and it's due to people abusing the system and now others are suffering the consequences 

Okell

hayhayc said:

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 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?

Google "Letter Before Claim" and/or "Letter Before Action".  Look at any hits from CABx and "Which?".

Look at this link:  Make a court claim for money: What a court claim is - GOV.UK (www.gov.uk)

Stupidly that .gov.uk website makes no mention (I don't think?) of a Letter Before Claim (LBC), but sending a LBC is definitely advisable - probably necessary under Civil Procedure Rules I'd have thought.

Issuing a claim for £85 would cost you £35 in fees, so make sure that you tell Samsung in your LBC that if they don't cough up and they force you to issue a claim, that you will be claiming £85 (or whatever) plus £35, costing them a total of £120.  Hopefully they'll see sense and send you one free of charge.

(Before you reach the LBC stage you might want to point out to Samsung exactly what you are going to do - ie buy a "divider" and issue a money claim against them for the cost of that divider you purchased, plus claim fees - if they don't supply you with the divider that was missing from the original delivery.  Remember to point out to them that the oven is not as described and/or not fit for purpose if you can't use the the Dual Cook facility without the divider that should have come as standard and which they make such a huge selling point about.  That might speed things up a bit...)

[Edit:  I'm not guaranteeing success with my suggestion, but if Samsung won't provide you with a free divider I don't see what you have to lose.  Remind them that you are arguing that by not supplying the divider they are in breach of their obligations under the Consumer Rights Act 2015  - the oven is not as described and/or is not fit for the advertised purpose - and that you are enforcing your consumer rights under that legislation.  It's nothing to do with notifying them of missing parts within 28 days as their T&Cs cannot override the provisions of the legislation.  Read my earlier post again, tell them what I suggested there - and above - and see what they do.  If they don't send you a free divider then send off a LBC and if they don't cough up you'll have to decide if you want to claim against them.  Personally - based on what you've said on this thread - I would issue a claim if they don't comply]

TELLIT01

Aylesbury_Duck said:

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.

My apologies.  I'm wrong.  Must have been looking at the wrong accessory.  As you say it does not have an * against it, but the long delay in reporting the missing item is likely to be the issue now.