Inadequacy of Consumer Laws with on line Purchases

I purchased a product from Samsung (delivery included) and the product was forwarded to me. It was damaged by the freight company and they returned it to Samsung but, Samsung say they never received it. To send the product again, Samsung eCommerce need Samsung Logistics to verify that that damaged package was returned. This they will not do (they have obviously lost it but insist they never got it) and so Samsung will not resend the product. Basically, this means that they will never issue me with the product I have paid for.
This is an internal issue between their Departments and between them and their sub-contractor. It has nothing to do with me but they are holding me responsible for their own inefficiency and incompetence and refusing to resupply. For over 4 weeks they have refused to do anything They know I have not received it but refuse to accept that their problems have nothing to do with our contract - they will not budge.
According to conversations I have had with Government Departments, the only thing I can do is to take legal action which will cost more that the product itself.
How is it that large Corporations can ignore their legal obligations and just refuse to do what they have contracted to do without any any penalties and anyremedies being available to the buyer.

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Welcome @jonr to the Community.

How did you pay for the goods, and how long ago?

Because if by credit or debit card or paypal then just get in touch with your card issuer or paypal and request a chargeback. As the goods you paid for were never delivered, this should be done with little problem.

Don’t waste time with Samsung if they are taking the position they seem to be taking.

Now I sort of get the vibe from what you have said in your post that this could be more of a business purchase, in which case it may be more complicated.

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This was the best way to purchase at the time and so I would like to get the product - if I had to buy again I could not afford it. It is not a business buy. I know there should be little problem but Samsung are not interested to doing what is right or what they are legally required to do. Question is, how can I get them to do it as they just keep ignoring my request and refuse to do anything until the logistics department lets them know when they have it (I have seen the freight return receipt to show they have received). This is the way their system works and they will not budge from it. In reality, they are blaming me for what has happened and in fact told me I had to get a copy of the return receipt for them from the carrier - their subcontractor not mine and I have no contract with the carrier. Not only are they not going to supply the product, they want me to do their work for them. What I need is some hint on what I can do next as I have exhausted talking to them.

Your best way forward is

but that does not get you the product it gets you a refund.

There are very few products only available form a single source. How long have they been stonewalling? If it is a few days it can happen. If it is a few weeks it is inexcusable.

With a refund in hand why would you be unable to afford it? Was it a special promotional sale? Has the price gone up? (no need to answer unless you wish to, just trying to clarify your situation). If you got that item refunded would you be game to re-order it from Samsung online if it was at the same price, knowing what you know now about their business practices?

If you have provided them with a copy of the freight delivery receipt showing they have received it and they still will not budge and it has been more than a few days consider if you really want to do business with Samsung online.

Product dependent you may also be interested in this related topic

as well as other numerous other topics focusing on Samsung lack of post sales interest in their customers.

If you want to persevere it could continue your frustration, but read about your rights under Australian Consumer Law (many links in many topics on the Community, or use an internet search) and send Samsung management/complaints a formal ‘Letter of Complaint’ - there is lots of advice on the Community as well tools from Choice and the ACCC in how to write one.

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Hi @jonr, welcome to the community. It appears you have struck a case of the left hand not knowing what the right is doing.

If I understand what you are saying is the freight company Samsung used damaged the goods in transit, they identified that this was the case when in their possession and the freight company returned it to Samsung. You also didn’t receive the goods as they were returned before being delivered to you.

If this is the case, the freight company and Samsung will have tracking records indicating this is occurred, and that the product was never delivered to you.

It also appears from your post you have information (tracking records?) that this is the case. If you do, I would be formally writing to Samsung with the information you have advising the goods were never delivered but returned to Samsung by their freight company as a result of transit damage. I would also be advising they are responsible for delivery, not you, and as the product was never received they are responsible for resolving (either resending or refund). I would also say you will be lodging a claim with your local office of fair trading if you don’t have resolution within 10 days if the receipt of the correspondence.

It is important to provide all relevant information in the correspondence such as order confirmation, communications with the freight company/Samsung, tracking records etc.

Good luck and let us know how you get on.

It is disappointing when dealing with companies where the left hand not knowing what the right is doing, as it shouldn’t be the responsibility of a consumer to point out the dysfunctional nature of their businesses…but the business to resolve themselves.

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I agree & understand. I have written and waiting for time to expire. It seems that no one at Samsung can grasp the difference I see in this. The system seems to cater for the situation where the customer receives the goods and signs for it and then finds it broken. In this case the supplier had complied with his legal obligation to provide the product paid, albeit there is an issue with the quality, but the contract to supply is completed.
Nobody (I have contacted them over 20 times) seems to understand that up until I receive and sign for it, that the product is theirs. They cannot see that they have not completed their contract to supply and that any issue until I sign is an internal problem for them to sort out, not me. I think I am right in my interpretation but I cannot get any one at Samsung to see that they are yet to still supply and that that supply should not be denied because of internal issues.
They know I have not received it - that is accepted. But a procedure is a procedure and it must be followed, period, even though it is not the right procedure for this case. No one will budge. I hope i am right in my interpretation.

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It was a watch which seems to fairly tightly controlled market, and whether you buy from them online or any of the retail stores is exactly the same price. There were discounts applicable only at Samsung which are no longer applicable so I would have to pay another $250 whether I bought if from them or a retail store now. That is why I am persisting, plus the I hate to see Companys get away with crap service. I am over the frustration and now have calm determination.
There should be no reason for me to provide any information. They know I have not received it and it is up to them to find out why. The package is missing as no one at the store will say it has arrived back. No one at Samsung has yet to ring Startrack to get a copy of the delivery receipt, although they have told me to do it for them. I did this and sent it to them and yet there still totally inertia
It is now one month since Samsung were advised of the damage.
I think I am aware of my rights but it does not matter what if a company does not comply with those rights. Consumer Affairs can only advise - they cannot act on behalf of the customer. The only way to get them to do is to take legal action and that is not a reasonable option.

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Thanks for confirming what has happened.

Your interpretation is correct and consistent with that in the Australian Consumer Law. The ACCC summarises by

Failure to supply a product or service

When a business accepts your payment for products or services they must supply them to you within the timeframe they have indicated or if no time was specified, within a reasonable time.

You have done the right thing thus far.

As a final response from Samsung is pending, a charge back won’t be successful at this point of time as the credit card provider will think that you still have an opportunity to have the non-delivery if the watch resolved with Samsung.

It might be worth sending a further correspondence indicating the situation is starting to take an unreasonable time to resolve, quote the ACCC and if Samsung doesn’t resolve the dysfunctionality at their end within 10 business days you will be taking it further. Also state you have made Choice aware if the issue and they are keen to hear of the matter being resolved promptly.

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Just to clarify this for me . Did you receive the watch and open it and give it back to the Startrak driver who delivered it after you discovered it was damaged ? Did you get in touch with Startrak to pick it up after finding it was damaged before notifying Samsung .?

Samsung will usually forward you a returns shipping notice if you notify them of goods received that are damaged . Startrak , I worked for the company that became Startrak , will have on their terms of service " we are not common carriers " which will cover them and their drivers in these cases concerning lost or misplaced items .

I hope you notified Samsung first as they are required to replace damaged good albeit there may be some caveats concerning them doing so .

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A final thought. Have you been engaging through Samsung ‘customer service’? The don’t make it easy to identify a ‘complaints’ process. My favourite contact shown on their web site is the phone as shown below, albeit with an accompanying 24/7 live chat service - suggesting that may be off shore full time or at least outside Australian business hours.

image

The name and contacts on this page might be helpful since the web ecommerce is apparently operated by Samsung Electronics Australia P/L.

In these Terms, “we”, “us”, “our” or “Samsung” means Samsung Electronics Australia Pty Ltd (ACN 002 915 648), a company registered in Australia with our registered office at 3 Murray Rose Avenue, Homebush Bay, NSW 2127. We operate the Samsung eStore (“Online Store”) through its website (“Site”) in accordance with these Terms.

and the contact info →

https://www.dnb.com/business-directory/company-profiles.samsung_electronics_australia_pty_ltd.d118df2967ebbf8700d9b82d20de0eab.html

Always note a contact by email, chat, or phone to a customer service group can often be no more than idle chit chat in getting resolution while a formal ‘Letter of Complaint’ directed to a responsible person or department might get a better response.

It may be worth reading through the linked terms of sale page for such useful points as:

9.1 The Products will be your responsibility from the time of dispatch, in accordance with the Dispatch Confirmation.

9.2 Ownership of the Products will only pass to you on the later of either delivery or when we receive full payment of all sums due in respect of the Products, including delivery charges (if applicable).

that you need to wade through prior to making conclusions re legalities. If you avoid making direct or indirect claims contrary to their terms of sale you will be better served.

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Perhaps not. But lodging a chargeback request will do two things.
One, stop the clock on the time a customer has to request a reversal of payment for goods not delivered, and
Two, the merchant side will be notified of the chargeback and notify the supplier that unless they provide a good explanation within a set time the charge will be reversed and the money returned to the purchaser.

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No. In came into Adelaide Airport store, to the Netley distribution centre, back to the Adelaide airport and back to Samsung in Sydney. It never made it to my place and I have never handled or opened the package nor have I ever signed for it. As delivery was included in the price, it has always been their product, not mine, because it never made to my house - as far as I am concerned.

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Try not to confuse common sense with legality. As a general convention whenever a business sends something, the recipient is deemed to have received it and becomes responsible for it. While in an international context, see the differences between ‘free on board (FOB) source’ versus ‘free on board (FOB) destination’. Their points I quoted previously seemingly reflect them using the normal international context for all their transactions.

Focusing on getting your product may get a quicker outcome than intentionally or otherwise arguing what could become points of law.

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I did eventually get the product after 20 odd days of them saying they had no record of the problem and another 16 days of saying that logistics had to verify its return. No mention of what was legally right though. Have had no advise from Samsung - only a message from Startrack to tell it was about to arrive, and it did this time and problem now fixed.

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