Rotary watch guarantee when retailer goes

paws_3

Hi All.
Have a query regarding guarantees when the retailer goes out of business

I was bought a watch from an authorised Rotary watch dealer. The watch went wrong twice and sent back to Rotary for repair.

It then went wrong again - and Rotary said it was their policy to replace it. This was all in the warranty period

As it was an obsolete model they asked me to choose another.

I have now given them 6 differnt models - all widely available on teh internet in the UK. Rotary have responded by stating they are either obsolete or i have to pay up to £206 extra for the new watch (even though the new watches are available at a multitude of outlets - inc Rotary dealers at less than what i paid for mine)

I have requested a refund. But they appear to be not very helpful and as yet am awaiting a response.

Does anyone no where i stand regards a refund ?

Thanks

maninthestreet

Unless the T+Cs of the warranty state you are entitled to a refund, you can't insist on one. Are you dealing with Rotary directly, or via the Rotary dealer? Is this a quartz watch, and what has gone wrong with it?

paws_3

The retailer from where it was bought has gone out of business.

I am dealing directly with Rotary UK

I am only after a refund because firstly the watch has gone wrong 3 times within a year (and hence lost all faith in it) , plus they do not have a direct replacement (same model) and that i will now have to pay decent money to get a watch i want.

Hardly seems fair to me. I am been penalised for one of their watches repeatedly failing.

I would not treat my customers that way - hardly seems good customer service in my opinion.

It was a quartz yes. One time it leaked aftre getting splashed (it was meant to be watre resistant and it literally got splashed). One time it just kept stopping . The last time the hands moved sporadically.

wealdroam

Also, it hardly seems fair to expect Rotary to refund money that you paid to someone else.

No doubt the retailer made a significant profit when you bought the watch. So the refund you are seeking from Rotary is probably much more than they sold the thing for.

Anything that Rotary do for you, now that the warranty has ended, is through their goodwill.

Legally, any remedy should come from whoever sold the thing to you. Of course that is difficult.

Did you use a credit card for the purchase?
If so, the credit card company are jointly liable with the retailer.

Have a read of MSE's Section 75 Refunds article.

paws_3

The warranty hasn't ended.

Personally, i would have thought - seeing that it is a Rotary guarantee - is that they would have some obligation to resolve it rather than just trying to make more money out of me .

They have stated in writing that it is their policy to replace the item (presumably after it has been returned 3 times). They do not have a direct replacement available and want to charge me decent amounts to now get something i want.

wealdroam

paws wrote: »

The warranty hasn't ended.

Ok. You hadn't told us that. My mistake for assuming.

paws wrote: »

Personally, i would have thought - seeing that it is a Rotary guarantee - is that they would have some obligation to resolve it rather than just trying to make more money out of me.

When did you make the purchase?
There seems to be more than one version of Rotary's guarantee.

Another option would be become a creditor of the bust retailer... if that's possible.

So again, did you use any form of credit, maybe a credit card, to buy the thing?

shaun_from_Africa

The warranty hasn't ended.

But who is it with?
Unless the paperwork states that it is Rotary providing the warranty, then as the retailer is no longer in business, it has to all intents ended.

In most cases it is the retailer and not the manufacturer who is legally responsible for the durability of goods sold as the contract of sale was between the buyer and the retailer.

paws_3

The watch was bought just over a year ago. It is still under guarantee.

Alas no credit was used.

The guarantee is Rotarys. It is stamped by the retailer.

To be fair to Rotary, they aren't disputing the guarantees issue.

But rather than keep a customer happy, they seem more intent on making more money out of me.

PaulLuke

Unfortunately the guarantee is in addition to your statutory rights. If the retailer was still in business you would have an arguable case for a refund (I say arguable due to the length of time you have had the watch!)

However, the guarantee here has been provided by the manufactor as an addition to your statutory rights and as such can be as limited or as generous as the provider of the guarantee sees fit. You really need to read the terms of the guarantee very carefully to see what it says about the situation where the particular item is no longer available as this will tell you what you can expect from Rotary in terms of resolving the matter.

visidigi

paws wrote: »

The watch was bought just over a year ago. It is still under guarantee.

Alas no credit was used.

The guarantee is Rotarys. It is stamped by the retailer.

To be fair to Rotary, they aren't disputing the guarantees issue.

But rather than keep a customer happy, they seem more intent on making more money out of me.

You said earlier that they wont give you the one you want, does this mena you have been offered another watch to an equivalent value which you don't like which you have declined? Or are you saying they have only offered you a watch which is more expensive and they expect you to pay the difference?

I'm a bit confused by the don't want statement...

paws_3

They have asked me to chose a watch and let them know. After looking at the internet and at high street shops, i have given 6 or 7 options.

These are all commonly available online and in shops.

Rotary initailly stated that some were discontinued. They then stated that i could have them if i pade over £200 extra . Even though these models are widley available at a lower price than i originally paid for my wife.

So i had a watch i wanted. It went wrong 3 times. And now in order for me to get a replacement watch that i want, i now have to pay decent money.

Hence my request for a refund.