With Smart’ TV never passed its exam

IT’S only fair that retailers keep their promises when you hand over your hardearned cash... Except that does not always happen.

One reader contacted me this week raging about his Samsung Smart telly and a frustrating dispute he can’t seem to resolve.

Dave Lee bought the TV in 2014 for £549, on the promise it would stay “cutting edge”.

He was drawn to the description: “Your TV is future- ready with Smart Evolution. Unique to Samsung, the Smart Evolution Kit completely reengineers your TV without having to replace it.

“Renew your TV with the latest technology in terms of performance, content and features, ensuring your TV remains cutting edge.”

Update

Another bit of the Samsung advertisement promised it would release new Evolution Kits.

In 2015 he asked about buying an Evolution Kit to update his TV.

He was told Samsung was not producing a 2015 kit but would release a software update instead. This did not materialise either.

Last year Dave, from Cambridge, asked if the 2016 kit was out. He was told no new Evolution Kits will be produced. He asked for a refund – but the retailer turned him down. THE LEGAL POSITION On the face of it, any consumer who bought one of these TVs was “mis- sold” because they were promised the update through to 2016, which failed to materialise. In the circumstances, consumers should be given a refund.

However, retailers are entitled to make a reduction for the use of the TV so far.

In terms of what the discount should be, this is difficult because the law – the Consumer Rights Act 2015 and, before that, the Sale of Goods Act – is not specific.

But a good formula to follow is to consider the average shelf life of the TV then make a pro rata reduction of the price in accordance with the amount of use. So, for example, in Dave’s case: The shelf life was five years. He paid £549. He had two years’ use. So the calculation would be £549 divided by five.

Which works out as £ 109.80 diminishing value per year, so take off £219.60 – so the refund would be £329.40.

And obviously Dave would have to hand the telly back.