Watchshop

MaxLewis

Hi,
Hoping someone can help clarify my position. I purchased a watch online via watchshop.com. When the product arrived I tried it on and decided it was not for me. I then returned it (within 14 days, I think the date of despatch to them confirming return received was 11 days) but they are refusing to refund me as they say there is dirt on the product? I find this hard to believe as I barely wore it and think this a tactic from them to not refund me. I have emailed them again to say according to my consumer rights I have 14 days to return any item bought online, I am right here? If i'm left £70 down in my bank and stuck with a watch i don't like it will be more like £140 out of pocket!!
Thanks

Greta_Sharbo

Have they provided the evidence of the dirt?
They can make deductions if the product isn't returned in the state that they sent it out in but it's perfectly reasonable to ask for evidence of what they claim.

agrinnall

Well, you won't be more than £70 out of pocket, and if you sold the watch and got, say, £50 for it, you'd only be £20 down. But that doesn't matter, because they do have to refund you. How did you pay? If you used a card then you can speak to the card issuer about a chargeback if the seller won't refund.

MaxLewis

Just spoken to them today, they have reviewed it and said as it is worn they can not re sell it so are sending it back. I wore it for 1-2 hours to determine I didn't like it and it was uncomfortable. Is there anything I can do here to get this refunded?

DoaM

Would you wear a watch in a shop for 1-2 hours? (The purpose of the legislation is to allow consumers to test online purchases in the same manner (as near as possible) as they would in a shop - i.e. a face-to-face sale).

Wearing a watch for 2 hours I could understand causing dirt/stains to appear ... especially on the strap and in this hot weather (your arm would likely be sweating).

But as said above - the retailer needs to provide evidence that the value of the goods has been reduced by your handling. Just saying it has been worn doesn't mean it has been devalued. What type of watch strap does it have? (A leather strap could end up sweat-stained, and also with an extended hole where you inserted the pin to try it on).

neilmcl

MaxLewis wrote: »

Just spoken to them today, they have reviewed it and said as it is worn they can not re sell it so are sending it back. I wore it for 1-2 hours to determine I didn't like it and it was uncomfortable. Is there anything I can do here to get this refunded?

The CCRs are not there to allow a buyer to determine whether they "like" something or not, they are there to allow the buyer to "to establish the nature, characteristics and functioning of the goods" which for a watch is something you can do without wearing it for any extended period.

DoaM

It could be argued that Comfort for a watch could fall within the Nature and/or Characteristics definitions.

bris

You wore it, they know it and can't resell it so they are within their rights to deduct up to 100% of the price.


You can't go into a shop and wear a watch for a few hours so that's going beyond what you can do in your home.

photome

agrinnall wrote: »

Well, you won't be more than £70 out of pocket, and if you sold the watch and got, say, £50 for it, you'd only be £20 down. But that doesn't matter, because they do have to refund you. How did you pay? If you used a card then you can speak to the card issuer about a chargeback if the seller won't refund.

Why do they have to refund if it has been "used"

photome

MaxLewis wrote: »

Just spoken to them today, they have reviewed it and said as it is worn they can not re sell it so are sending it back. I wore it for 1-2 hours to determine I didn't like it and it was uncomfortable. Is there anything I can do here to get this refunded?

why was it uncomfortable, can you change/adjust the strap

DoaM

photome wrote: »

Why do they have to refund if it has been "used"

Because the consumer contracts regulations and the consumer rights act allow a consumer (for distance sales) to return goods within a certain time period (30 days? Right to Reject) and the seller must accept the goods back. However the seller can reduce the amount of the refund (up to 100%) to account for the reduced value of the goods due to the consumer's handling of them.

You may not agree with it, but that's the legal position.