Faulty watch - Italian company

Nitrowing

I put a deposit on an i'm watch in August 2011 knowing that it would take a couple of months to go into production. The device finally arrived in August 2012 after settling the outstanding amount in the April of last year.

By October, the device had stopped functioning.
I complained to the company via their own online complaints 'ticket' system, asking for a replacement device.
They convinced me to try a new cable that they posted to me but it made no difference.
I returned the watch via DHL and have it signed for 2 weeks ago.

The company fails to reply to their own 'Ticket' or refuses to reply to my emails.

I would like a new device or my money back but they don't respond.

The money was paid by debit card. The company have no UK retail division - just their HQ in Italy.

What can I do?

vuvuzela

For anyone that's wondering, it's a smart watch http://www.imsmart.com/en

Hopefully someone will have a suggestion as to where to go from here. Shame you didn't pay on a credit card.

meer53

Their warranty section says you need a returns number and that they will send a courier to collect the goods, did you do that ?

Here :

23. Legal warranties granted to consumer Customers cover conformity defects, already existing at the time the goods were delivered, but which were only detected later, within two years from delivery of the goods themselves. Under penalty of cancellation, any conformity defect must be reported within two months from when the consumer detects the actual defect. In any case, any action taken against the Vendor shall expire within twenty-six months from delivery of goods. In case of non-conformities (defects), consumer Customers are entitled to have all products reinstated to conformity levels by repair or replacement at no charge or be granted a suitable price reduction or contract cancellation as per provisions set by article 130 of Legislative Decree no. 206/2005. Within two months from detecting a defect, and in any case within a maximum of twenty-six months from receiving the goods, the Customer must send complete notification requesting action to eliminate all conformity defects to i’m SpA Via del Lavoro 13 – 36100 – Vicenza – Italy or through the Website. On receiving such notification, i’m SpA’s Customer Service shall contact the Customer to communicate the terms and conditions and the return number to be indicated on a copy of the form, previously sent, to be dispatched with the product. i’m SpA shall send its courier to collect the product without any additional charges for the Customer. The product shall be returned by the Customer, if possible, in its original packaging and complete with all its parts (including packaging and any possible documentation or accessory equipment: manuals, cables, etc.). In all cases, affixing of adhesive labels or tapes directly onto the original product packaging should be avoided. Once the product returned by the Customer has been checked, i’m SpA shall arrange for its replacement or repair and return the same to Customer, with the exception of the provisions set out in article 130 of Legislative Decree no. 206/2005. If, after the Authorised Service Centre’s intervention, the defect reported does not improve a conformity defect, according to article 128 et seq of Legislative Decree no. 206/2005, the Customer shall be charged with all servicing and repair costs incurred by the Authorised Service Centre as well as any delivery charges borne by i’m SpA.

Nitrowing

They received the watch a few weeks ago but they wont respond to my emails or support ticket :mad:

Agricolae

Sorry friend, but I think you may be out of luck here.

Your options would normally be:
1) Chargeback - Can't be done because you are out of time.
2) Section 75 Consumer Credit Act - Can't be done because you paid by debit card.

Of course you could try taking the company to court, but I'd recommend getting legal advice as things may be complicated by the company being based in Italy.