Preowned watch refund- H Samuel

Bigwigg

Bought my Aunty a preowned watch from H Samuel for Xmas, was told they are new watches that have been returned. She wore it twice and it fell off her wrist, took it back to the shop, they repaired it. Took it home and same happened again, watch is obviously faulty. We asked for a refund and were refused, only offered an exchange, said under the terms and conditions of buying a preowned watch you can't have a refund. I said it was my understanding we were still entitled to a refund but he wouldn't budge - at which point my Aunty didn't want a fuss and she picked a different watch. I feel cross that we weren't offered the refund we wanted- was I in the right?

wealdroam

Bigwigg wrote: »

Bought my Aunty a preowned watch from H Samuel for Xmas, was told they are new watches that have been returned. She wore it twice and it fell off her wrist, took it back to the shop, they repaired it. Took it home and same happened again, watch is obviously faulty. We asked for a refund and were refused, only offered an exchange, said under the terms and conditions of buying a preowned watch you can't have a refund. I said it was my understanding we were still entitled to a refund but he wouldn't budge - at which point my Aunty didn't want a fuss and she picked a different watch. I feel cross that we weren't offered the refund we wanted- was I in the right?

Under The Consumer Right Act the seller only gets one chance at a repair.

After one failed repair the consumer has 'the final right to reject the goods' for a refund.
Because the sale was less than six months ago, that refund must be a full refund.

A seller's T&Cs cannot remove a consumer's statutory rights.

It probably isn't for the seller to 'offer' a refund, but it is definitely wrong for a seller to deny a refund in this situation if the consumer requests one.

Bigwigg

Thanks knew I was right! Where to go from here? I am so cross we were lied to

bris

Bigwigg wrote: »

Thanks knew I was right! Where to go from here? I am so cross we were lied to

Nowhere to go, another watch has been accepted, it's over.

wealdroam

Bigwigg wrote: »

Thanks knew I was right! Where to go from here? I am so cross we were lied to

Nowhere.

You have accepted the remedy offered by the seller.

I suppose you could report the problem to Trading Standards via the CAB's helpline and they may have a word with the trader if they feel that's appropriate.