Quick questions on Consumer Rights

bailhamm

Hello. I bought a PANERAI watch for my 40th birthday in 2011. The watch has been serviced and repaired 3 times with the same manual mechanism fault. The last issue with the mechanism occurred during the 12 month warranty window following the last service in Aug 2018. PANERAI claimed some marks to the bezel suggested the watch had been dropped or knocked and it was these that caused the mechanism to break, therefore making the warranty invalid. I was told the repair would cost £700! Fortunately I found photo's of the watch immediately following the Aug service with exactly the same minor scuffs which therefore couldn't have been the cause of the more recent issue. Following exhausted lines of communication they have now found another mark on the back of the watch that they claim caused a screw to come loose in the mechanism. I have no recollection of this mark and sadly I don't have a photo of the back of the watch but I have requested photographic evidence from the earlier service as proof that this is a new mark. Either way I wouldn't expect daily wear and tear to cause such an integral failure of the mechanism. They have had the watch since 18 Dec 2018. I would welcome some advice/guidance on my rights and potential next course of action. Thank you. Mark

JJ_Egan

2011- 2018 is more than 6 years gone to take legal action under consumer rights .


You are claiming against the service repairs 12 month warranty . That will be subject to any terms and conditions they choose.Damage normally voids a warranty .They are under no obligation to provide photos .


Next course of action a nice letter to them .

danielle.ward89

Hi,
I wonder if anyone can help. I ordered dresses online at A X Paris and returned them all within 7 days as none of them fitted. When ive checked my emails they have advised they have refunded the money onto a gift card. It is £170 worth. I have never used them before therefore was not aware of their policy that sale items would be refunded onto a gift card. If i had known this at purchase I wouldn't of spent that much. I've emailed them to advise this and asked if this could be reviewed to refund to my credit card and they've just dismissed it as their policy.
I've read a few comments about distance selling but not sure if it would be applicable. Does anyone have any advice as its a lot of money for me to have on a gift card I won't use.
Any help would be really appreciated 😊

waamo

You need to escalate a complaint. If you paid on card try a cash back from the card holder. This company crops up regularly on here with dodgy t&c's that bear no relation to your actual consumer rights.

shaun_from_Africa

Any returned sale items will not be refunded via the payment method used, however we will issue a gift voucher/ card for the same amount to be used on the website. This does not affect your statutory rights.

Provided that you returned the goods in line with the Consumer contract regulations, that would be the statutory right that requires them to refund you by the same method that you originally paid.

If they keep on refusing, contact your credit card company and explain that AX Paris are acting illegally and request a chargeback for the amount in question

unholyangel

danielle.ward89 wrote: »

Hi,
I wonder if anyone can help. I ordered dresses online at A X Paris and returned them all within 7 days as none of them fitted. When ive checked my emails they have advised they have refunded the money onto a gift card. It is £170 worth. I have never used them before therefore was not aware of their policy that sale items would be refunded onto a gift card. If i had known this at purchase I wouldn't of spent that much. I've emailed them to advise this and asked if this could be reviewed to refund to my credit card and they've just dismissed it as their policy.
I've read a few comments about distance selling but not sure if it would be applicable. Does anyone have any advice as its a lot of money for me to have on a gift card I won't use.
Any help would be really appreciated 😊

I knew I recognised AX Paris, we've had a few complaints about them.

As its unlikely to be over £100 each and the retailer don't seem interested, start a chargeback request making the argument with your bank that the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 form part of the contract - so its a chargeback for credit not received.

danielle.ward89

Thanks for your advice everyone. I replied back to them and they are still refusing to refund stating it's their policy. I will be contacting my credit card provider and hoping they can assist

StarDestroyer

danielle.ward89 wrote: »

Thanks for your advice everyone. I replied back to them and they are still refusing to refund stating it's their policy. I will be contacting my credit card provider and hoping they can assist

They're either trying to pull a fast one in the hopes you don't know what your rights are, or THEY'RE not aware of what your rights are. Chargeback isn't supposed to be used until you've exhausted all your other options, but if you paid with Credit Card you have more protection. Check out this link:

which.co.uk/consumer-rights/advice/can-i-claim-on-my-credit-card-when-something-goes-wrong

GOOD LUCK!

unholyangel

StarDestroyer wrote: »

They're either trying to pull a fast one in the hopes you don't know what your rights are, or THEY'RE not aware of what your rights are. Chargeback isn't supposed to be used until you've exhausted all your other options, but if you paid with Credit Card you have more protection. Check out this link:

which.co.uk/consumer-rights/advice/can-i-claim-on-my-credit-card-when-something-goes-wrong

GOOD LUCK!

OP ordered dresses - plural - at a total cost of £170, therefore won't be able to rely on s75 protection as per my earlier post. Which is why I suggested chargeback.

StarDestroyer

unholyangel wrote: »

OP ordered dresses - plural - at a total cost of £170, therefore won't be able to rely on s75 protection as per my earlier post. Which is why I suggested chargeback.

That link says that you must have paid over £100, so it seemed to apply. We don't know how much each dress cost, but as she's checking with her credit card provider they will be able to advise her on best course of action anyway