(Solved) Kogan TV Warranty Claim - Being Palmed off to a 3rd Party Called Connectivity Group

LNirmitha on 21/01/2021 - 13:33
Last edited 23/01/2021 - 13:59 by 1 other user

Hi everyone, hoping to get some advice.

My TV from Kogan is malfunctioning. I bought the TV 09/2018. It is still covered by the Extended Warranty period. Preferred outcome for me is: Item to be repaired in a reasonable time frame (max. 2-3 weeks) or get a full refund. I just don't want to end up with no TV for any longer.

I followed the steps Kogan Support gave me (updating TV software, etc) and supplied evidence (videos of the malfunction - where it randomly flickers and turns off). They then accepted that the item has a defect. Not we get to the sticky territory.

Then are now asking me to get the item repaired through a 3rd party called Connectivity Group. Kogan basically wipes their hands clean at this point. I reached out to the 3rd party and I had to repeat the entire conversation again…including supplying evidence. Communication was quite slow with them so far.

When I asked, both parties avoided giving a timeline for turnaround. I don't feel comfortable with these signs. Having read about other customer experiences with Kigan's return/refund process - it's quite likely they'll take ages with this.

Does anyone know what my rights are in this instance?
Is Kogan allowed to just palm me off like this?
If they won't provide a clear timeline can I just ask for a refund?

Thanks

Electrical & Electronics

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Comments

  • Nirmitha on 22/01/2021 - 13:22
    +5

    UPDATE: matter is now resolved with a refund. while it took a couple of tedious calls to get there, highlighting the ACCC points raised above helped progress it. Thanks for offering your input.

    • sickllama on 23/01/2021 - 08:14

      Congratulations! A win for you.

  • Gunther on 21/01/2021 - 13:42
    +3

    Samsung took 9 weeks to repair my phone once, and that was direct with them . You don't get much choice on the timeframes unfortunately!

    Kogan is responsible for the Warranty, but they can definitely subcontract the work to anyone for the repairs - common practice.

    Just suck it up, and push both parties weekly for updates on the process.

    • deme on 23/01/2021 - 20:53

      Yes you do, it must be fixed without a reasonable time.

  • donbot on 21/01/2021 - 13:43
    +20

    grabs popcorn for the commentary about Kogan and Warranty claims

    Save yourself the pain - buy a new TV (not from Kogan), let the warranty on the old one work itself out (refund hopefully, but unlikely), and if you're stuck with two TVs - hock the Kogan one off on gumtree and remember to never buy from Kogan again.

    edit: would love to see some rationale for the neg.

    • Nirmitha on 21/01/2021 - 13:48

      didn't think of that. good one. cheers

    • Randxyz123 on 21/01/2021 - 13:56
      +1

      +1 to this.

      Kogan are within their rights here. They have sub contracted a 3rd party to handle repairs. What SHOULD happen is said 3rd party company should send a van to your house and pick up the tv, they will already have looked at the case notes and will contact you regarding repair times. Since it is a 2 year old tv, you won’t be getting a refund.

      But as we know support doesn’t work that way.

      Your best option for having a tv in the next month is buying one in a sale and flogging the Kogan one off.

      • nedski on 21/01/2021 - 14:32
        +2

        It is also within OP's rights to ask for a refund as the flickering and turning off would classify as a "major failure".

        https://www.accc.gov.au/consumers/consumer-rights-guarantees…

        OP, ask for a refund. Trust me.

        • Drakesy on 21/01/2021 - 15:27
          +2

          You also have to give them adequate amount of time to repair and rectify the problem, can't just go pushing for a refund because "i know my consumer rights".
          It's a 2 year old TV, yes maybe if it was a couple of months in you'd get a refund immediately, but in this case they are permitted to rectify the problem within a reasonable timeframe.

          • nedski on 21/01/2021 - 15:34
            +2

            @Drakesy: Wrong.

            From the link I posted above:

            "You can ask for a replacement or refund if the problem with the product is major."

            Now there is a caveat:

            The business may take into account how much time has passed since you bought the product considering the following factors:

            • type of product
            • how a consumer is likely to use the product
            • the length of time for which it is reasonable for the product to be used
            • the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.

            Now if you think a TV should only last less than 3 years, then sure, you push for a repair. However, I think that a flickering TV that turns off would constitute a major failure and OP would be entitled to a refund.

            • Drakesy on 21/01/2021 - 15:38
              +1

              @nedski: And if you keep reading

              What is a major problem?
              A product or good has a major problem when:

              it has a problem that would have stopped someone from buying it if they’d known about it
              it is significantly different from the sample or description
              it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
              it doesn’t do what you asked for and can’t easily be fixed within a reasonable time; or
              it is unsafe.

              Again, they're permitted to fix it within reasonable time, i don't know if i can be anymore clearer

              trust me…

              • nedski on 21/01/2021 - 15:46

                @Drakesy: You know that not all four of the major failure criteria has to apply.

                Just one is enough.

                Like would you buy a TV in the first place if you were aware the screen would flicker and then turn off?

                And according to what OP has stated, it doesnt appear to be easily fixed within a reasonable time.

                As for trusting you, considering I have previously worked in consumer protection, im quite comfortable with my position.

                • Drakesy on 21/01/2021 - 15:51
                  +1

                  @nedski: Just as the OP can pick and choose, Kogan can too.
                  If it's written in the consumer rights then it's Kocher.

                  also OP hasn't indicated the total time that they've been waiting for a response (and btw the reasonable repair time for one of these it 3-4 weeks, OP cant pick and choose).

                  • Nirmitha on 21/01/2021 - 16:02

                    @Drakesy: Thanks both for your input.

                    Regarding response - I wrote to both parties, asking for a clear timeframe for turnaround (pickup-repair-return). Both parties avoided giving a timeframe. C.Group ignored the question altogether and Kogan's response was basically "ask C.Group for the timeframe".

                    Also - I first raised this defect with Kogan back in November 2019 (via email - along with video evidence of the malfunction). So it's been a known issue for a while. When they asked me to go through the tedious return process back then, I had a lot going on those days and just didn't want to deal with it, and delayed next steps till now since I have a long warranty. So it's not a new issue.

                  • nedski on 21/01/2021 - 16:09

                    @Drakesy: Actually no, Kogan cant choose the remedy.

                    From the ACCC website AGAIN:

                    When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.

                    • Drakesy on 21/01/2021 - 19:02
                      +1

                      @nedski: I think you're missing the point.
                      The OP has indicated that they've delayed the next steps themselves, so in their case Kogan has taken means to rectify the issue however the OP has not pursued it as quickly as they should have, hence the owness is on the OP to help their cause, the balls in the OP's court not Kogans.

                      OP can't just say it's been 2 months since i told you and now the reasonable times up and i want a refund.
                      That's not how it works at all.

                      I can assure you that the remedy that Kogan has provided is within ACCC requirements.

  • bdl on 21/01/2021 - 13:46

    Ruslan Kogan isn't personally going to turn up at your place with a screwdriver and can of WD-40 to fix your TV. Outsourcing repair is a common practice, just follow the procedure as you've been doing. Nothing that you've written is a flashing red light that the repair won't proceed.

    There's a reason why Kogan's pricing is what it is.

  • lunchbox99 on 21/01/2021 - 14:21
    +2

    Don't want to gloat (well yeah I do) but my Sony Bravia x95g developed a single pixel vertical line one month after the initial 1 year warranty ended (I realise I can hassle them for statutory warranty anyway). Sony confirmed the issue, sent local repair agent to my house with a replacement panel - swapped the panel over on the spot.

    No mess, no fuss.

    • Minimum chips on 21/01/2021 - 15:59
      +2

      Our Sony "Smart" TV has incredibly shitty software that crashes in Stan requiring me to turn it off and on at the wall - won't respond to remote, even the power button. Netflix gets so messed up every few months that it won't launch the app until I reinstall it. It doesn't even let us install new apps (no Disney+ or Binge). Other software problems have required a factory reset. The built in apps don't even run at 4k. They have been no help with any of this.

      Just to offer a counterpoint.

      • lunchbox99 on 21/01/2021 - 16:51

        Mine runs android. Hasn't been totally perfect but mostly fine. Runs 4k no problems.

        • techno2000 on 21/01/2021 - 18:48

          My Sony TV runs android as well and its been fine for last 3 years.If your only issue is the software and apps,buy a Chromecast with Google TV and attach it to your TV. Problem solved.

          Since you use Netflix, buy this deal with 6 months of Netflix credit.So your chromecast with google tv costs only $45

          https://store.google.com/config/chromecast_google_tv_netflix…

        • Minimum chips on 21/01/2021 - 21:52

          Ours doesn't run android, it's Sony's own really, really shitty software. It's had one update in the last two years. Was marketed as a "Smart TV" which feels practically dishonest.

  • Drakesy on 21/01/2021 - 15:10
    +1

    I think it's fairly standard with the lower end brands who don't have a repair base in your city to farm out the warranty work to other providers, nothing new here. My TCL shutdown on me and the guy they sent out to assess and repair got repair work from pretty much all the manufacturers, in return TCL/Kogan reimburses him for the repair time and costs.

    It's not being "palmed off" as much as Kogan doesn't have enough of a presence to warrant setting up a dedicated repair centre. Which i strongly disagree with given their abysmal failure rates.

    Kogan hasn't wiped their hands clean, Connectivity group will assess and if it's fatal provide feedback to Kogan indicating a new tv is needed else they'll attempt to fix it, it will all go back through to Kogan at the end of the day.

    • Nirmitha on 21/01/2021 - 15:30

      thanks for sharing your experience.

  • nedski on 21/01/2021 - 16:14
    +1

    Hey OP,

    It seems you have been quite reasonable in your attempts to deal with Kogan to get a remedy for your issue.

    What I would recommend is advise them that since this has taken so long and it still hasnt been repaired, you would like a refund as you believe its a major failure.

    Ask them how you can return the TV and get a refund. Now what they will do is try to tell you that THEY are the ones that decide if a failure is major or not. Ignore them as only a Civil and Administration Tribunal can decide this.

    If they dont agree to a refund, then advise you will be sending them a letter of demand (you can download the template for one off the ACCC's website). Send that into them and if they dont respond by the time required, then lodge a claim with the CAT in your state or territory. Then the CAT can decide if the failure if major or minor and award the appropriate remedy.

    • Nirmitha on 21/01/2021 - 16:31

      Thanks for the advise, and also the insight into the ACCC and consumer rights aspects. This was very useful to learn :)

  • Heaps for Cheaps on 21/01/2021 - 17:36
    +1

    I'm with nedski, request a refund for a major fault and be done with Kogan trash once and for all.

  • Cuchavira on 21/01/2021 - 19:05

    I had an issue with my 1.5 year old Kogan TV, the backlight died and had no picture on the screen. Contacted Kogan, explained the problem and said “If I knew the TV had this problem, I wouldn’t have bought it in the first place. Can I please get a refund so I can buy a better branded TV”.

    https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    A product or good has a major problem when:

    it has a problem that would have stopped someone from buying it if they’d known about it

    Some third party company picked it up within 2 days and refund issued within a week from pickup date.

    Didn’t expect it to be so smooth like that but I guess everyone’s experience will be different.

    Try quoting what I said and see how you go.

  • HeWhoKnows on 22/01/2021 - 13:01
    -2

    Firstly lets put things into context.
    You purchased a dirt cheap Kogan TV which have a reputation of being unreliable.
    Probably half the price if not less compared with a good brand name TV.
    Both come with the same manufacturer's 12 month warranty.
    Your Cheap Kogan TV is almost 2 1/2 years old so you have been extremely lucky.
    But you knew what you were getting and decided it was a good idea purchasing an extended warranty

    Now for the Nitty Gritty.
    Extended warranties have nothing to do with the manufactuers original warranty
    Extended waranties have nothing to do with the retailer either.
    Extended waranties are offered by Third Party Insurers/repairers and then on-sold by retailers to the public. Simllar to buying an insurance policy from an insurnace broker or the extended warranties offered on used cars are classic examples!

    So like any item you buy, the warranty claim must go through the manufacturer which in this case is the 3rd party insurer.
    And with any warranty claim there is never any time frame guaranteed.
    You should check the terms of your extended warranty policy to ascertain your rights and get your expectations correct.

    To answer OP's questions:

    Does anyone know what my rights are in this instance? -
    NO! Read your extended warranty policy document.

    Is Kogan allowed to just palm me off like this?
    YES! Your contract is with the provider of the extended warranty.

    If they won't provide a clear timeline can I just ask for a refund?
    NO! Realistically sourcing parts can take weeks or months. Your TV is already 2 1/2 years old so well out of the original manufactuers warranty. Hence dont expect parts to be readily available. Furthermore after 2/12 years you are definitely not entitled to a refund OMG Such unrealistic expections. Again read your extended warranty policy document!

    So at this stage OP I think you are being totally unrealistic given the circumstances.

    YES: you are entitled to a repair or replacement if the parts are not readily available but probably a refurbished TV as similar as possible to yours. Definitely not a new TV. By example Apple does the same under their warranty. But anyway check the terms of your extended warranty policy.

    NO: you are not entitled to a refund. Especially for a TV which is probably deemed to have served its useful life. Even a manufactuer will not offer a refund. So dont be totaly unrealistic.

    NO: As with any repair, you dont have any say in the repair time frame. There will be other items in the queue ahead of yours and the repairer needs time to source the parts at a reasonable price if possible or otherwise source a replacement refurbished TV for you. Check the terms of your warranty for your entitlements.

    Lesson 1: Stay well away from cheap Kogan TVs. You get what you pay for. If they last more than 2 years then you have got your money's worth.

    Lesson 2: Dont expect much from any extended warranty you purchase. They are not expensive so dont over comprehensive cover. Furthermore the provider will obviously minimise thier cost.

    Lesson 3: Your extended warranty has nothing to do with the retailer! However you do have a right to complain to the retailer if there is an issue with your extended warranty and hopeful they can help to sort it out with the provider.

    Good luck and be patient.

    PS Plenty of cheap TVs for sale on Gumtree and Facebook Marketplace so Im sure you wont suffer for long.

    • Nirmitha on 22/01/2021 - 17:12

      thanks for the input. But for the benefit of others who may read this later - a lot of your advice is wrong (that the buyer is not entitled to a refund for a major fault, 'don't expect much from any extended warranty', that buying a cheaper brand means the buyer somehow loses their standing on consumer protection..). either that or Kogan's feeling very generous today..

      nedski's advice (earlier comment) paints a good picture, including the ACCC aspects to be aware of.

      • HeWhoKnows on 23/01/2021 - 21:07

        I worked in retail and also in extended warranty so I think I would be an authority on the subject.
        The issue is the problem occurring after 2 1/2 years and we dont know the terms of the warranty.

        If the TV could not be repaired or replaced with a very similar model then the only option is a refund.
        i.e. Refund would be the last option for the extended warranty

    • Hirolol on 23/01/2021 - 11:12

      You need to do more research on consumer law.
      Read up on statutory warranty/guarantee and Australian consumer law warranty

      It was all changed in 2011 and basically if it can’t be repaired within a reasonable time, you are entitled to a full refund.

      • HeWhoKnows on 23/01/2021 - 21:10

        This has nothing to do with statutory warranty.

        OP basically purchased an INSURNACE policy

  • eggles01 on 22/01/2021 - 16:04

    Hi ring Consumer Affairs or Dept fair Trading pertaining to which State or Territory you live in,tell them your problem and am quite sure they can put you onto the right information,if necessary they can also act for you if it gets a bit sticky

  • burtie on 22/01/2021 - 21:29

    OP, great to hear you managed a refund. I'm just wondering if you had to send the tv back to them or have it assessed to get it? I'm currently trying to claim a refund with them on a Christmas present that lasted three weeks and so far they've been a bit of a nightmare to deal with….

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