Refused A Refund For Watch Under Guarentee

derrick

zenseeker wrote: »

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:



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.

No manufacturers T&Cs can take away statutory rights,(SoGA), it appears that under SoGA this watch is "not fit for purpose" or "of merchantable quality" See WHICH.

However if the retailer is offering a replacement, I would take it, if that one "falls apart" then you have more leverage to go back for a refund as an inherent fault may be proved,(coupled with your "It is a common problem as I've googled Toy Watch Problem, ")

McKneff

could you ask for a credit note and buy something else in the shop.

nikflo

i used to work in watch repairs and at that time batteries and straps were not covered under the g/tee, we had many watches returned because the strap had worn and on every occassion the strap was never replaced. (but on a few occassions the store manager did fit a new strap on as a gesture of good will).

hth

zenseeker

derrick wrote: »

No manufacturers T&Cs can take away statutory rights,(SoGA), it appears that under SoGA this watch is "not fit for purpose" or "of merchantable quality" See WHICH.

However if the retailer is offering a replacement, I would take it, if that one "falls apart" then you have more leverage to go back for a refund as an inherent fault may be proved,(coupled with your "It is a common problem as I've googled Toy Watch Problem, ")

It may very well have been of "merchandisable quality", and perfectly "fit for purpose" but mishandling and general wear and tear on straps can lead to damage quite quickly, and the op cannot prove that mis-handling was not the cause of the damage. Watches are often worn with bracelets, and this can lead to damage, as can general knocks and bangs, hence why straps are often not covered by warranties, and this is well within the rules of the SoGa.

i_love_it

Thanks everyone, I'm surprised at some of the comments, I suppose because I know the watch has been handled carefully and the strap is not sufficient to hold the heavy face as i've said, for example pulling hand out of coat pocket or handbag would pull the watch of my wrist,the bracelet links would come apart and chip, I now feel like you'd have to own one to know what I'm talking about. I would have returned it earlier if I had not bought it online but still 2 months is no time at all for this item, I'm cerain that a better store would have refunded me.
I'll wait to see if consumer direct can help me.

Red_Cat

As Nikflo stated, a lot of watch manufacturers will not cover watch straps or bracelets under the warranty. Is that the case here too?

ukjoel

I think you should take the replacement watch they originally offered. If you want you can always sell it on.

The problem is assessing whats fair wear and tear. You have had the watch pretty much 6 months so yes its battered but that could have been from use. I think they called it right. If it had been within 30 days then possibly they would have given refund.