My Son's birthday watch

demondave

Hi everyone

I bought an Ice watch for my son's birthday and within two days a small bead in the bezel fell out and the bezel itself started to appear very loose. The boy had only worn it once as of course he saw it a special etc.. I took it back to the local jewellers to get a replacement, but they took it out the back and stuck the bead back in with super glue. They refused to address my concerns regarding the bezel and refused to exchange to product. They stated that they would send it back to Ice for them to have a look at it under guarantee. I told them I was not happy with this and not happy that they had stuck this bead back in with super glue and went on to give them the old Sale of Goods Act speach. They told me that they didn't have to refund or exchange and sent me on my way. I took the watch with me by the way.
I wrote to them giving them 14 days to refund they rang me the next day saying that they did not do this and again went onto say they would send it back to Ice under guarantee. Needless to say this call didn't last very long.
I am now at the point were I am considering the Small Claims Court and could do with some clear advice. By the way when I was looking at the watch on my return and noticed that the bead that had been stuck in had dropped out again. I have also looked at identical watches and can confirm that the bezel on my watch is excessively loose. My son has not damaged the watch or done anything with it apart from put it on
Many thanks

wealdroam

demondave wrote: »

Hi everyone

I bought an Ice watch for my son's birthday and within two days a small bead in the bezel fell out and the bezel itself started to appear very loose. The boy had only worn it once as of course he saw it a special etc.. I took it back to the local jewellers to get a replacement, but they took it out the back and stuck the bead back in with super glue. They refused to address my concerns regarding the bezel and refused to exchange to product. They stated that they would send it back to Ice for them to have a look at it under guarantee. I told them I was not happy with this and not happy that they had stuck this bead back in with super glue and went on to give them the old Sale of Goods Act speach. They told me that they didn't have to refund or exchange and sent me on my way. I took the watch with me by the way.
I wrote to them giving them 14 days to refund they rang me the next day saying that they did not do this and again went onto say they would send it back to Ice under guarantee. Needless to say this call didn't last very long.
I am now at the point were I am considering the Small Claims Court and could do with some clear advice. By the way when I was looking at the watch on my return and noticed that the bead that had been stuck in had dropped out again. I have also looked at identical watches and can confirm that the bezel on my watch is excessively loose. My son has not damaged the watch or done anything with it apart from put it on
Many thanks

You are entitled to a repair, replacement or refund.

The seller has repaired one fault.

They seem to be saying that they need the manufacturer to confirm that the bezel issue is due to a manufacturing defect and not due to 'user error'.
This is perfectly reasonable.

Why do you not want the manufacturer to try and put things right?

bazster

You might save yourself a lot of hassle if you just let them send it back to the manufacturer, whilst making it perfectly clear to them (in writing) that you hold them (the retailer) responsible as your contract is with them, and that you are setting a strict timescale (7 days, 14 days, whatever) on getting a satisfactory response otherwise you will begin proceedings.

demondave

The repair that they did on the bead has failed and they could not give any idea how long Ice would take to look at the watch. While making my complaint we compaired other ice watches in the shop with the owner who conceeded that mine was loose.

bazster

Well you do have to give them a reasonable opportunity to sort it out (not that super-gluing it is sorting it out!), and if they want to do that by sending it off for someone to look at it then I'd suggest you need to let them do that. But as I said before, you should set a strict timescale on it (not specifically for sending it to the manufacturer - that is their problem - but rather for giving you a satisfactory outcome).

Have you thought about contacting Ice directly? (I agree you shouldn't have to, but you do want to get this sorted a.s.a.p. presumably):

Peers Hardy UK Ltd
Tompion House, 25 Birmingham Road
B70 6RR West Bromwich
01494 486238
ice-watch@peershardy.co.uk

Also, can you name and shame this surly retailer who seems not to understand the law?

hcb42

gluing it together is just awful..!

For not refunding when the OP has clearly only had it two days is terrible service. It should have been replaced or refunded without question there, and the shop could have taken it up with the supplier - that's what you would expect at a reputable store at least.

demondave

Thanks for your opinions and I think I'm going to proceed with court action. I'm not happy that they super glued the bead back in and obviously less happy that it later fell out. I'm not happy that I was not given any option as to how the problem could be mutually resolved. I'm not happy that they want to send the watch off to Ice for them to waste more of my time and if they thought the problem was caused by my son breaking it then they should not have stuck the bead back in. I have also bought another Ice watch for my son from a large department store and at least I know if there is another fault they will refund without any drama. This whole episode makes me realise and understand why the high street is so devoid of small shops.

shegirl

You should let them send it to the manufacturer.They have given you reasonable options but you decided not to go with them.

Regarding the bead and superglue,how else would you expect that to be repaired?

hcb42

definitely not by superglue...!

shegirl

hcb42 wrote: »

definitely not by superglue...!

Well the bezel wouldn't have been refiled or closed or shaped for one bead as that couldn't happen.However,it could be reset with 'superglue' or epoxy as is done with many bezel/inset with no claw settings,even if only for extra hold

Gavin83

I would suggest not starting the court action. They are within their rights to have the item repaired and it is likely you will lose the court case and therefore lose your money.

The problem you have is that you have now gone and bought it elsewhere. They are entitled to attempt a repair and if not possible then issue a replacement. You cannot request a refund unless their policy states otherwise.