16oct samsung galaxy note 7 update
11 October 2016

Why Note 7 owners should get a refund

Samsung tells Note 7 owners to turn off their phones.

Samsung has issued a statement telling people to stop using original Galaxy Note 7 or the replacement phone customers were given as part of an earlier recall.

The short statement said Samsung would investigate “recently reported cases” of phones catching fire. There have been reports of replacement models, given to people last month when the Note 7 was recalled, also catching fire.

It said retailers around the world had been asked to stop selling the replacement model and exchanging the Note 7. Spark tweeted it was pausing the Note 7 replacement programme.

Our advice

If you bought a Samsung Galaxy Note 7, you're entitled to request a refund under the Consumer Guarantees Act (CGA). In our opinion, these phones do not meet the guarantee of acceptable quality under the CGA. To meet this guarantee, goods must be safe and durable. We believe these phones no longer meet this guarantee because a number of the affected models have caught fire.

The CGA says where there is a substantial fault the consumer can reject the product and choose a replacement of the same type and similar value or a full refund of the purchase price. The retailer cannot choose the remedy where there is a substantial fault.

Start by contacting the retailer that sold you the phone. Explain you are claiming a refund because the phone does not meet the CGA guarantee of acceptable quality, as it is not safe.

Update on 12/10: Samsung is now offering a replacement or refund on its NZ website. Update on 13/10 Vodafone is now offering a $100 credit to those affected by the recall.

Member comments

Get access to comment