Raw Deal from Watchfinder

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Just want to warn people about WatchFinder (WF) and also see if anyone has had similar problems or can offer some advice.

Last year I purchased two watches from Watchfinder that totalled over £6k, being gifts for my wife and I for our wedding.
After 6 month the strap on one of the watches (a TAG) started to deteriorate and then a few weeks later the number 2 from the 12 fell off and was loose inside the watch. We contacted both WF and TAG and were told to return the watch for repair.

We did this and was charged £10 by the local agent for postage, after almost 3 month we received the watch back and failed to noticed straight away that the timing mechanism was now faulty, basically the watch did not read exactly on the hour but slightly off, like in between the numbers instead of on them.

We also noticed that the watch strap again has started to fall apart. So we contacted our legal advisor who informed us that we should now be entitled to a replacement but TAG are refusing to replace the Watch and WF are not being helpful at all, they say the watch strap is not covered by any guarantee and that it must be our fault and the environment in which it is being worn (they haven’t even seen the watch)

They also told us that when we contacted TAG that we should lie to them and not reveal that we bought the watch from WF because this could result in TAG refusing to help us because TAG do not like companies like WF who sell their products at a discount (I didn’t know the product was being sold at a discount, I just bought it online from a retailer who I presumed was an authorised dealer)

So where do I stand, is the strap covered under normal consumer laws, am I entitle to a replacement, at what stage am I entitled to a refund and who should I pursue for this?, TAG or WF?

My legal advisor informed me that it is. Repair - Replacement - Refund.

I will upload some pics of the strap and also post the email I received from WF
Thanks in advance
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Comments

  • leehill1973
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    my letter to WF

    I recently called your office regarding the Tag watch I purchased in 2009, in this short time the watch strap has deteriorated and the number 2 of the “12” has fallen off, I have sent the watch off to Tag for repair and when I received the watch back the strap has deteriorated again and the timing mechanism is now out of synch and does not align to the hour. For a watch that I paid almost £1200 for I would expect better quality. I have contacted TAG as you requested and they have said that they cannot provide a refund and that I would need to go back to the original vendor for this.

    I am also very concerned at your comments in our phone call when you advised me to lie to TAG regarding where I purchased the watch from, I find this astonishing and of great cause for concern.

    Therefore after taking legal advice this matter, which is of the opinion you are in breach of contract due to the sale of goods act, in that the watch I purchased from you is not of responsible quality or fit for its purpose

    As a repair has failed to make the watch of reasonable quality and fit for its purpose, if you do not supply me with a full refund, I will refer this matter to the small claims court to enforce my statutory rights and claim compensation for all the additional expense you have put me to including phone calls, postage costs and court costs.
  • leehill1973
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    WF reply to my letter almost 4 weeks later

    Dear Mr Hill

    In response to your recent letter I would suggest that you have the timing repaired by the manufacturer under the warranty supplied with the watch.
    All quality watches are supplied with a warranty so the manufacturer can have an opportunity to resolve these type of issues, this is the same situation with many high ticket items. I would be concerned that your legal adviser has not pointed this out.

    Manufacturers are legally obliged to honour the warranty irrespective of whom you purchased the watch and from your letter it would seem they are honouring their warranty obligations, so I am unsure as to why you are concerned about this matter.

    The problems you are having with the strap are not covered by Tag (or any watch manufacturer’s warranty), It would appear that having two straps deteriorate in this way is a result of the watch being worn in an environment that is not suitable not a material defect. Again your legal advisor having read the terms of the warranty should of noted that straps are not covered this is an industry wide policy of all watch manufacturers.

    We would be happy to assist in having the watch repaired by the manufacturer under the terms of the warranty or to arrange for you to purchase a new strap. In light of the above we are unable to offer a refund but will be more than happy to bear some of the cost of the new strap as a gesture of goodwill.
  • zppp
    zppp Posts: 2,476 Forumite
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    I am a little bit confused, as you are asking where you stand but have consulted (and paid for) legal advice?

    The Sales of Goods Act is all that applies here. Within 6 months of the purchase, if there is a fault, the onus is on the retailer of the watch to either provide a remedy of repair, replacement or refund, or to prove that there is no inherent fault.

    Outside of the 6 months, the onus is on you to prove that there is an inherent fault with the product. If there is, and the product is deemed to have lasted an unreasonable amount of time, then the retailer must provide a remedy of repair, replacement or refund.

    It is up to the retailer, which of the three remedies is suitable, and will be normally dependant upon the cost to rectify.
    Best Regards

    zppp :)

  • leehill1973
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    Thanks for your reply.

    I am asking for a second opinion rely becuase after I sought advice and sent them a letter their responce was to try and refute the legal advice had been given, for example by saying that the strap is not covered etc and also that I am not entitled to a refund.

    So should I now initiate a small claims court action against them?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
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    Thanks for your reply.

    I am asking for a second opinion rely becuase after I sought advice and sent them a letter their responce was to try and refute the legal advice had been given, for example by saying that the strap is not covered etc and also that I am not entitled to a refund.

    So should I now initiate a small claims court action against them?
    It is common practice for watch manufacturers to exclude watch straps, bracelets and glass from their guarantee.

    The manufacturer's guarantee is in addition to your statutory rights and cannot remove those rights.

    As indicated earlier, it is the seller who is responsible for a remedy under SOGA.
    You will need to seek a remedy for the strap problem from Watchfinders.
  • zppp
    zppp Posts: 2,476 Forumite
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    Thanks for your reply.

    I am asking for a second opinion rely becuase after I sought advice and sent them a letter their responce was to try and refute the legal advice had been given, for example by saying that the strap is not covered etc and also that I am not entitled to a refund.

    So should I now initiate a small claims court action against them?

    Take this one step at a time, because this is too fast paced.

    My understanding from what I've read (please correct me if I'm wrong) is that you sent the watch back to have the strap replaced to Tag. Therefore this remedied what may have or may not have been an inherent fault. On the strap, because it is out of 6 months, you have to prove that there is an inherent fault under SOGA. Stating that 2 straps have worn in a similar way is not sufficient. You need a report to that effect from a reputable watch expert. You haven't stated this in your letter, so I can only assume this hasn't or wasn't done.

    You then got the watch back, and there was a fault with the timing mechanism. Again, unless you can prove an inherent fault, you aren't covered under SOGA. I would suggest, that you get your watch serviced.

    I really don't think that you can do anything, unless somebody independent can state that there was/is an inherent fault.
    Best Regards

    zppp :)

  • leehill1973
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    yes in the 13 months since the watch was purchased i have had the following issues:

    2 x defective straps
    1 x number fallen off dial face
    1 x timing mechanism offset

    Surely you should expect better from this, WF (the retailer) are unwilling to help, they have offered to pay half towards the cost of a new strap and TAG are refusing to give either a refund or a replacement because of the issues I mentioned above. They will however repair the watch but after 4 faults my faith in the quality of this watch is now in tatters, it is quite clearly a poor quality watch and not of a standard for the price i paid for it.
  • zppp
    zppp Posts: 2,476 Forumite
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    I take your point entirely, however, you have to prove that these issues are inherent faults. I suggest that you take it to an independent watch expert who can assess the problems. If it is inherent, you can seek a remedy from the retailer (Watchfinder). If it is not inherent, then I would suggest you send your Tag for a service.
    Best Regards

    zppp :)

  • leehill1973
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    Thanks that's i what I shall do then. I will keep you posted. As for the service from watchfinder, I have left them nagative reviews on just baout every review site I can find so considering the average watch from them is several thousand pounds then even if I disuade one person from using them then at least I will feel like they have also suffered a little from this.
  • MRS-BEE_3
    MRS-BEE_3 Posts: 1 Newbie
    edited 3 September 2012 at 6:03PM
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    My meeting with watchfinder was a very bad experience. First of all you are greeted with a fake smile and a frosty reception. If this isn’t bad enough when you actually enter the dragons den (which can only be described as dodgy night club decor) it all becomes very clear that all is not what it seems. I was not surprised to find many other people have also commented on various forums about the arrogance of the staff and the hideous decor.
    Next you will notice that the staff all dressed as what can only be described as a group of hollyoaks extra’s that didn’t quite make it. In fact, I was horrified to see one girl who looked like she was actually about to go out clubbing and clearly was the office attention seeker surrounded by a group of unprofessional wannabies. They are rude, un-welcoming, obnoxious and frankly a disgrace to the watch industry.
    Whilst I took a seat in the waiting room, I was listening to a very interesting conversation about a watch that watchfinder had sold to another customer. [TEXT DELETED BY FORUM TEAM].
    The watchfinder website may look polished, but the company and staff are from perfect. I found the section on the website where they have ridiculas pictures of all the staff, with descriptions utterly hilarious. I have never seen such a motley crew of young people before. The descriptions are not interesting; in fact they are big headed, cringe worthy and vulgar. I recommend that anyone who wants to buy a watch, meet these people or even work for them to check out the bad reviews first, there are some horror stories let me tell you.
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