Quick questions on Consumer Rights

The_Simp

Hi All
I bought a very nice Panerai watch as a treat for myself May 2015. It was £5,000. I didn't wear it and kept it safe in the box in my wardrobe until Christmas 2016 when I had it on for four hours during which time it worked perfectly as you'd expect. I kept it safe once more in the box hidden away until today when I took it out and wound up upon which I discovered it ticks a little then stops. It's a manual wind watch and is now fully wound but won't go.
I've contacted the dealer I bought it from to be told the warranty was for 2 years which has now expired and it'd have to be sent back to the manufacturer for repair at my cost.
Now, surely a watch of such supposed quality should work after a year in the box and if not must be faulty or not fit for purpose and also hasn't performed to a reasonable and/or acceptable level?


Can anybody help or offer advice, I'm somewhat annoyed at present.


Thanks in advance!
Andy

unholyangel

The_Simp wrote: »

Hi All
I bought a very nice Panerai watch as a treat for myself May 2015. It was £5,000. I didn't wear it and kept it safe in the box in my wardrobe until Christmas 2016 when I had it on for four hours during which time it worked perfectly as you'd expect. I kept it safe once more in the box hidden away until today when I took it out and wound up upon which I discovered it ticks a little then stops. It's a manual wind watch and is now fully wound but won't go.
I've contacted the dealer I bought it from to be told the warranty was for 2 years which has now expired and it'd have to be sent back to the manufacturer for repair at my cost.
Now, surely a watch of such supposed quality should work after a year in the box and if not must be faulty or not fit for purpose and also hasn't performed to a reasonable and/or acceptable level?


Can anybody help or offer advice, I'm somewhat annoyed at present.


Thanks in advance!
Andy

We did have a poster who fixes watches for a living (who was usually very good at shedding light on watch issues) but I'll be damned if I can remember who it was. Joe Horner maybe?

Legally, as it was before Oct 2015, the SoGA will apply and as its more than 6 months from purchase, it would be for you to prove the lack of conformity is inherent in nature. Once you do that, the retailer should provide a repair, replacement or refund (which can be partial to take account use you had of the item).

Perhaps try and find a reputable watchmaker and ask them if they would be willing to provide a report and how much it would cost. If the report finds in your favour (that its inherent), the cost of the report would be recoverable from the retailer.

If you paid by credit card you can also seek a remedy from the card company under section 75 of the consumer credit act.

KeithP

The_Simp wrote: »

Hi All
I bought a very nice Panerai watch...

You need to read MSE's Consumer Rights guide.

In there you'll discover that you have up to six years to seek a remedy from the seller.

A warranty/guarantee is in addition to your statutory rights and can have restrictions, but it cannot remove your statutory rights.

How did you pay for this purchase? By credit card or some other form of credit?
If so, consider a claim against the credit provider under Section 75 of The Consumer Credit Act.
MSE's Section 75 article may help with that.

All that assumes the seller is in the UK. Is that right?

KeithP

unholyangel wrote: »

We did have a poster who fixes watches for a living (who was usually very good at shedding light on watch issues) but I'll be damned if I can remember who it was. Joe Horner maybe?

Yes, username Joe Horner.

unholyangel

KeithP wrote: »

Yes, username Joe Horner.

Thank you, memory isn't the best at times.

The_Simp

unholyangel wrote: »

We did have a poster who fixes watches for a living (who was usually very good at shedding light on watch issues) but I'll be damned if I can remember who it was. Joe Horner maybe?

Legally, as it was before Oct 2015, the SoGA will apply and as its more than 6 months from purchase, it would be for you to prove the lack of conformity is inherent in nature. Once you do that, the retailer should provide a repair, replacement or refund (which can be partial to take account use you had of the item).

Perhaps try and find a reputable watchmaker and ask them if they would be willing to provide a report and how much it would cost. If the report finds in your favour (that its inherent), the cost of the report would be recoverable from the retailer.

If you paid by credit card you can also seek a remedy from the card company under section 75 of the consumer credit act.

Thanks Unholyangel
I've emailed Panerai themselves as well and they seem to be fairly helpful so far. I gave then a bit of stick re the watch quality etc.
I'm going to try through them first then if necessary take your advice re the CCA.
Appreciate your response.


Andy

The_Simp

KeithP wrote: »

You need to read

In there you'll discover that you have up to six years to seek a remedy from the seller.

A warranty/guarantee is in addition to your statutory rights and can have restrictions, but it cannot remove your statutory rights.

How did you pay for this purchase? By credit card or some other form of credit?
If so, consider a claim against the credit provider under Section 75 of The Consumer Credit Act.
may help with that.

All that assumes the seller is in the UK. Is that right?

Thanks KeithP
It was a UK purchase on interest free, not actually finished paying for it yet! I did pay a £500 deposit on credit card as well so I guess I can fall back on that as well. Going to try Panerai themselves first who seem to be helpful so far and see if they can push a repair through the dealer.
Thanks again for coming back.
Andy

KeithP

The_Simp wrote: »

Thanks KeithP
It was a UK purchase on interest free, not actually finished paying for it yet! I did pay a £500 deposit on credit card as well so I guess I can fall back on that as well. Going to try Panerai themselves first who seem to be helpful so far and see if they can push a repair through the dealer.
Thanks again for coming back.
Andy

Assuming whoever supplied the interest free credit wasn't the seller, but a finance company, then that finance company also have a similar responsibility under S75 of the CCA.

So you have four entities to chase - the seller, credit card issuer, interest free loan provider and the manufacturer.

Good luck.

Raxiel

This isn't related to a current issue, just something I'm wondering.

If a phone with IP 67 water resistance develops a fault, and the vendor opts to repair it rather than replace, are they obliged to ensure the device has the same level of ingress protection it had before the repair?

If the phone subsequently developed a fault due to water damage (or with no clear cause, but the internal moisture indicators had been triggered), would there be grounds for a claim? Or to put it another way, grounds to deny a claim?

I'm aware there is a difference between water resistance and water proofing, assume the device got wet, but not submerged, something you could reasonably expect IP67 to handle.

I'm also aware this is probably a situation that has no clear-cut answer and would depend on the specifics, but I'm still interested to hear opinions.

[Deleted User]

KeithP wrote: »

Yes, username Joe Horner.

That guy is certainly still active on the forum, but seems to post almost exclusively about motoring issues. He doesn't appear to the poster with a penchant for watches. I could be wrong, of course, I only had a quick scan of his posting history...