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CASE14
CASE UPDATE
Lenovo refunds reader after ‘misleading’ dock photo
Lenovo has given reader Eunan
Jackson a full refund of £59.
after he complained that its
Smart Clock 2 doesn’t come
with a dock, despite the website showing a
photo of it sitting inside one.
As we explained in Issue 627, Eunan
thought this photo was misleading – and we
agreed. You had to look very closely to spot
that the device was a ‘NonDock’ model. The
dock was a key reason why he bought the
clock, so he was understandably angry. Thedock is available separately, but only in the
US, so Eunan wouldn’t have been able to
buy it even if he had been happy to splash
out more cash.Lenovo’s product description doesn’t
say that the dock isn’t on sale in the UK.
To see this confirmed, you have to click
the ‘Questions & Answers’ heading where
another customer has asked where they can
buy it. Eunan couldn’t have been expected to
find this when ordering the device.
We said Eunan could make a claim under
the Unfair Trading Regulations, which bans
misleading product descriptions and adverts,
but Lenovo’s prompt refund means he won’t
have to.Do repeat repairs
mean Fitbit isn’t fit
for purpose?
Q
I bought a Fitbit Charge 4 watch
from John Lewis in October- The strap has now broken
from it for the third time. John Lewis said
it could be because I wear the watch at
night, but it’s meant to track sleep
patterns – so of course I wear it at night!
John Lewis won’t agree to a refund or
credit. Surely it’s not fit for purpose?
Beverley Elliot
A
It certainly seems that way. John
Lewis may have inadvertently
confirmed this by suggesting
that the watch shouldn’t be worn at
night, despite its sleep-tracking function.
However, Beverley would need to
prove her case by showing that the
replacement straps John Lewis sent to her
were not up to the job. Supporting her
case are other complaints from annoyed
users – see Fitbit’s Community forum at
http://www.snipca.com/41488.
Beverley has a few months left on her
warranty, which she can use to get the
watch repaired again. But we’ll also
contact both John Lewis and Fitbit
for their view on what seems
to be a persistent and widespread
problem.Q
Samsung was offering a trade-in
promotion for the Galaxy S
Ultra 5G phone and Galaxy Tab
S8 Ultra 5G tablet (pictured), which I
took advantage of. The tablet was faulty,
so I sent it back for a replacement, but
instead was given a refund. This messed
up the dual deal, which as well as giving
me money off both devices came with a
free keyboard cover for the tablet worth
£209. Then Samsung took £570 from
my account for the phone’s trade-in
allowance, despite the fact I’d sent in my
S21 phone. What are my rights?
Guy PetersA
Samsung has breached the
contract by giving Guy a refund
for the tablet, instead of the
replacement it promised. It also broke the
contract by charging him the
promotional cost of the phone.
Guy can decide to accept the refund for
the tablet, or consider the contract null
and void. If he chooses the latter, he will
have to return the S22, but Samsung must
reimburse the money he paid, plus the
£570 trade-in allowance it wrongly tookCan Samsung offer
refund instead of
replacement tablet?
from his account. It must also return his
S21 phone.
We explained to Guy that this would
make him ‘whole’ in the eyes of the law.
But he likes both new devices and didn’t
want to lose out on the deal, which gives
him the keyboard cover, plus substantial
discounts on the phone and tablet.
We contacted Samsung, but found that
it had already responded to Guy. It offered
him a £60 voucher, plus £450 off the
tablet, so he has completed the trade-in
by sending in his old Tab S7. The free
keyboard cover isn’t part of this new deal,
but Samsung had already sent him one
with the faulty Tab 8. Hopefully, it won’t
ask him to return it.
CASE CLOSED CASE ONGOING27 April – 10 May 2022 • Issue 630