Faulty Watch

davem1966

Advice needed.

Hi, bought a watch from well known on line seller - the one that advertises on tv!
Watch was Bday (21st) present for my son in September. After few days wear, condensation developed inside case, unable to read the time. Seller good at first , sent p.p bags for return and I returned for repair by manf. Watch received back early November but fault came back after 2 days wear. Now locked in lengthy email standoff (15+) with seller who insists on return for repair. I am not prepared to return for repair and insisting on refund as faulty and not fit for purpose. Selle usually waits 7 days after my email then responds with a cut and past response " please return watch for inspection and repair , p.p. bags sent out to you". Will not discuss refund and complaints department will not speak on the phone - they are apparently only contactable by email.

Any ideas??

marliepanda

I believe they're allowed three repair attempts.

neilmcl

marliepanda wrote: »

I believe they're allowed three repair attempts.

Where do you understand that to be the case?

Prior to the CSR they can attempt a repair as many times as they like unless it becomes a significant inconvenience or cannot be carried out within a reasonable time.

davem1966

Hi marliepanda

Thanks for posting. Is the 3 repair attempts common practice do you know. I was assuming that it was this seller only and his way off stalling?

Thx

neilmcl

davem1966 wrote: »

Any ideas??

Yes, send it back for a repair. They are following their legal obligations.

davem1966

Thanks Neil,

Would I be correct in assuming (as this will be 2nd repair), their legal obligation will be to offer this and potentially a 3rd repair (if 2nd is unsuccessful). And after 3 attempts they would be obliged to offer a refund?

neilmcl

davem1966 wrote: »

Thanks Neil,

Would I be correct in assuming (as this will be 2nd repair), their legal obligation will be to offer this and potentially a 3rd repair (if 2nd is unsuccessful). And after 3 attempts they would be obliged to offer a refund?

No, as I mentioned earlier there is no "3 repair attempts" stipulation in law. Under the older SOGA legislation they can attempt to repair as many times as they like so long as it can be done within a reasonable time and not cause a significant inconvenience.

marliepanda

neilmcl wrote: »

Where do you understand that to be the case?

Prior to the CSR they can attempt a repair as many times as they like unless it becomes a significant inconvenience or cannot be carried out within a reasonable time.

I've definitely seen three thrown around on the forum before. Maybe that's what's many consider 'reasonable'?

Who knows

davem1966

Thanks, myself , I would consider a 2nd repair reasonable after which time I would be looking for a refund.
So it sounds that there are no hard and fast rules as to the number of times repairs offered under CSR. So I guess the question is, at which point can you reasonably insist on a refund?

McKneff

I suppose even after 3 failed attempts they could also take up their right to offer a replacement.???

neilmcl

davem1966 wrote: »

Thanks, myself , I would consider a 2nd repair reasonable after which time I would be looking for a refund.
So it sounds that there are no hard and fast rules as to the number of times repairs offered under CSR. So I guess the question is, at which point can you reasonably insist on a refund?

Your contract isn't covered by the CSR (they only cover contracts from 1 Oct 2015), if it were they you would be in a better position as they would only be allowed 1 repair attempt.