Damaged watch, no refund?

CG85

I'm just after a bit of advice really. I bought a watch off of an internet based website last week. It arrived on Tuesday (25th March). Unfortunately the watch was damaged when it arrived so I wrapped it back up and returned it on Monday and they received it today.

They have advised me that because it is a 'visual defect' (a scratch), I should have advised them there was a problem within 48hrs. As I didn't, there is nothing they can do except return the damaged watch to me. This is all stated in their terms and conditions. I was then told they could send it off to the manufacturer for repair but any costs would be incurred by me.

I didn't read the t&cs, but I did read the refund page which states nothing of the sort. In fact it says there is a hassle free return up to 30 days. I don't think returning a damaged watch within 7 days is an unreasonable length of time.

Do I have any chance of getting my money back?

(Just fyi, there is plastic covering all over the watch, so it clearly hasn't been worn)

frugal_mike

CG85 wrote: »

I'm just after a bit of advice really. I bought a watch off of an internet based website last week. It arrived on Tuesday (25th March). Unfortunately the watch was damaged when it arrived so I wrapped it back up and returned it on Monday and they received it today.

They have advised me that because it is a 'visual defect' (a scratch), I should have advised them there was a problem within 48hrs. As I didn't, there is nothing they can do except return the damaged watch to me. This is all stated in their terms and conditions. I was then told they could send it off to the manufacturer for repair but any costs would be incurred by me.

I didn't read the t&cs, but I did read the refund page which states nothing of the sort. In fact it says there is a hassle free return up to 30 days. I don't think returning a damaged watch within 7 days is an unreasonable length of time.

Do I have any chance of getting my money back?

(Just fyi, there is plastic covering all over the watch, so it clearly hasn't been warn)

Which website did you buy it from? More importantly, what country is it based in? If it was a UK site then the sale was covered by both the Distance Selling Regulations and the Sale of Goods Act.

Under the Distance Selling Regulations you have a minimum of 7 working days to cancel the contract starting the day after delivery. You need to inform tgem via durable means that you want to cancel. You can cancel for any reason and they must then refund you fully. For the cost of the watch including delivery.

The Sale of Goods Act allows you to reject goods that do not conform to contract for a 'reasonable' time after purchase. 7 days is certainly reasonable in most situations. This also makes the seller responsible for return postage.

In both cases the sellers terms and conditions are irrelevant if under the jurisdiction of our laws because neither the Sale of Goods Act nor the Distance Selling Regulations can be 'contracted out'. Any terms and conditions that contradict them are unenforceable (and possibly illegal). If the website is not based in the UK then the laws of the country it is based in will apply however.

Also, how much was the watch and how did you pay?

Happygreen

I had a similar issue with a watch I bought on a flight. After many emails back and forth they decided to ignore me. I will never again buy goods on a plane as there seems no protection of consumer right at all. Apologies for highjacking your post as your case it different but I remembered it as yours also is a watch ....

CG85

I bought it from watchshop.com, paid by credit card (mastercard) and it was £100.

I thought the seven day rule might apply but I didn't know if (having agreed to the t&c's) I might have shot myself in the foot.

Thank you so much for your reply, I'm going to do some googling now and see if it is UK based!

CG85

Happygreen wrote: »

I had a similar issue with a watch I bought on a flight. After many emails back and forth they decided to ignore me. I will never again buy goods on a plane as there seems no protection of consumer right at all. Apologies for highjacking your post as your case it different but I remembered it as yours also is a watch ....

No worries, I know how frustrating it is when you feel like someone is ripping you off!

Happygreen

shouldn't you also be protected through your credit card? Keep hold of your exchanges with the supplier of the watch and ask your bank ...

Hintza

I don't understand why you didn't send an email the minute you opened the box and saw the scratch!

unholyangel

They are UK based and contracts are governed by english law.

Which also means they've fallen foul of unfair contract terms act - time limit on claims.

From OFT's unfair contract term guidance:

2.4.2
The OFT is likely to object to a term that frees the supplier from his
responsibilities towards the consumer where the consumer does not make a complaint immediately or within an unduly short period of time. This applies particularly where:
(a) a time limit is so short that ordinary persons could easily miss it
through mere inadvertence, or because of circumstances outside
their control, and
(b) faults for which the supplier is responsible which could only become
apparent after a time limit has expired.

2.4.3
Prompt notification of complaints is desirable because it encourages
successful resolution and is therefore to be encouraged. But taking away all
rights to redress is liable to be considered an over-severe sanction for this
purpose. Where goods are supplied, use of such a term is legally incapable
of producing that effect and may amount to an offence, because it serves
to restrict the consumer's statutory rights – see paragraph 2.1.1.

frugal_mike

CG85 wrote: »

I bought it from watchshop.com, paid by credit card (mastercard) and it was £100.

Did it cost exactly £100? If it cost even a penny more (excluding delivery) then you can use Section 75 of the Consumer Credit Act to make your credit card supplier refund you.

Failing that you can try a chargeback. This isn't a statutory right so the card provider may say no, but it's worth a try.

Finally you will have to either convince the seller that they are falling foul of the law, or take them to small claims court and let a judge tell them.

CG85

Just to let you know, I followed your advice, quoted the Distance Selling & Sale of Goods Act and (after a few e-mails) I did get my money back and they refunded the postage as well.

Thank you all for your help!

bunahilga

I also have to return a damaged watch tomorrow.It's a £2000 Tag watch from fraser hart who are trying to say it's scratched although it's immaculate. Problem is it doesn't keep good time and last week the crown fell off! It's 2 months old! I've got the sale of goods act memorised. I have a meeting with the assistant manager today. Any advice? I have taken photos and videos.Also is it ok for me to use my iPhone to record the conversation?