Refused A Refund For Watch Under Guarentee

i_love_it

Hi All

I'm not sure where to go with this so any advice/experiene is appreciated.

I bought a watch last august online from a store in Newcastle, it is a Toy Watch, incase anyone is familiar with them. They are high fashion plastic replicas of designer watches like rolex.
Anyhow they have a large heavy face & brittle plastic strap that doesn't really do the job, needless to say in no time at all the watch had fallen off wrist several times, the strap has broken & chipped in places so that it no longer safe to wear.

I returnd it to store in october last year and they offered me a new watch but not a refund, i know the watches are notorious for problems with the strap and although i love the design i don't think its fit for purpose. I refused a replacement and believe I was entitled to a refund.

The store sent me the damaged watch back.

I then raised a dispute with my credit card company explaining all of the above.
They have taken 10 weeks to tell me they have investigated with the store and cannot help me on this occassion, they have not asked me for any further information or inspected the watch before reaching their conclusion. I feel it is extemely unfair.

I don't know where to go next, the watch is under guarantee it was 125.00 and I wore it a handful of times before giving up as it is so fragile.

It is a common problem as I've googled Toy Watch Problem,

Any suggestions?

dmg24

Unless specified, a retailers guarantee does not give you the right to a refund.

Under SOGA you are entitled to a refund if the item becomes faulty within a reasonable time. In the case of a replica watch, I would argue this time would be a month at most (however what constitutes a reasonable time is not defined in the statute, so is open to interpretation). After this time the retailer can offer a refund, replacement or repair. This is at their discretion.

Sorry to be blunt, but surely you didn't expect quality from somewhere that openly sells replicas, irrespective of price?

zenseeker

I'd have to agree with dmg24, this watch amounts to little more than expensive costume jewelry so has probably lasted a reasonable amount of time under the conditions of the guarantee. If they are offering a replacement then you are probably wise to accept it, and be a little more careful with it. I find it hard to believe that it has become so badly damaged from basic wear and tear, chips suggest knocks, which themselves suggest mis-handling and basic clumsiness.

zulubabe

I think the OP was misguided in using the term 'replica' as these watches are a brand in their own right. It might be a good idea to contact consumer direct to ask where you stand on this?

i_love_it

dmg24 wrote: »

Sorry to be blunt, but surely you didn't expect quality from somewhere that openly sells replicas, irrespective of price?

It is a fashion watch, when I said replica I did not mean fake. Toy Watch are an Italian Brand sold in stores such as selfridges. I Don't Believe wearing the watch around 10 times over 2 months is reasonable for 125 pound before it falls apart.

I originally tried to purchase one in Florida last summer when the $ rate was good, bloomingdales told me they had stopped selling them as they had so many returned. (Perhaps I should've been warned....)

The retailer offered a replacement watch but no refund, as I understand it I am not obliged to accept replacement or repair of a faulty item. What is the guarantee for?
I expect to last at least 12 months

Helix

i_love_it wrote: »

The retailer offered a replacement watch but no refund, as I understand it I am not obliged to accept replacement or repair of a faulty item. What is the guarantee for?
I expect to last at least 12 months

You understand wrong then. They have to offer a Repair, Replacement or Refund. Its up to the retailer to choose which as long as they provide one of the options.

hippey

The retailer *may* offer a refund, but is also entitled to withold some money back as you have had use of the item for some months now.

As a rule, repair and/or replace is going to be the main options, and refund is often the last & may not be the full value origionally paid (but this doesn't happen often)

Enterprise_1701C

The problem being that often in cases like this it is the wtch that is guaranteed. not the strap or battery.

SolicitorMidlands

Have you tried customer services? If there are a lot of problems, perhaps ask trading standards to investigate.

i_love_it

Helix wrote: »

You understand wrong then. They have to offer a Repair, Replacement or Refund. Its up to the retailer to choose which as long as they provide one of the options.

Well I've just read this and my understanding is the same.
I've written to consumer direct.

Jane blackford I know what you are saying here, but i cant wear the watch without the strap (It kept falling off anyway which is why it is damaged) so it is not fit for purpose, a replacement will be exactly the same, the watch should go back to manufacturer so that the retailer does not loose out.

zenseeker

Jane_Blackford wrote: »

The problem being that often in cases like this it is the wtch that is guaranteed. not the strap or battery.

Actually, now you mention it I am sure that straps are not covered by guarantees. Looking at the T&C on a few websites, I see that they all exclude the strap, and I believe that they are legally entitled to do so.

Fat Face as an example:

Your two year guarantee doesn't cover the following:

• Batteries, straps or bracelets.

Have you read the terms of the warranty to see if they have a similar exclusion? If they do then you have hit a brick wall.