Returning watch refused refund

amackay02

Morning,

I bought a watch online from Watchfinder and, after trying it on, tried returning it inside the 14 day returns period. There's nothing wrong with the product, it is just too small on my wrist.

They are refusing to refund me for the product and instead are offering to buy it back at a 17% discount to the purchase price. Their argument is that in their T&Cs they state it must have a returns sticker on for a full refund, a sticker which i'm adamant was never there to begin with (it was an expensive watch and there was always a good chance i may return it so was particularly cautious). They are unable to prove that the sticker was in place upon dispatch of the item.

Would their sticker issue be classed as an 'unfair term' in my contract with them and would you expect my rights to still apply under the Consumer Contract Regulation 2013?

The item is completely undamaged and i am still inside the 14 day cooling off period.

Any help greatly appreciated.
AJ

bris

Yes you are in the right to return the item. The law however states that you are allowed to examine the item as you would in a shop.


Some items are on display in shops some aren't so it can't always be assumed that an item will be readily available out of a sealed box for inspection.


I assume they treat this sticker as a seal. they are allowed to deduct a percentage if they believe you have gone beyond whats reasonable in the handling of this item. by breaking the seal they obviously think you have.

I also assume that because they can no longer sell this as sealed they will have to discount it by 17%, that's the way they will see it.


Whether this is reasonable or not is not for us to determine.


If you can't change their mind then you have the option to let the courts decide. If you go down that route you might want to take into consideration that it could go either way.

Ok just looked at the website and it's all pre-owned watches, in this case there is no reason to deduct 17% so I think they are wrong on this and you should get the whole cost back.


There is no mention of any stickers on their returns policy either.

DoaM

Legally they can reduce the amount of a refund (for change of mind returns) if the consumer's handling of the product is beyond that which is required to ascertain that the goods are as expected and conform to contract (e.g. as would be allowed in a face-to-face transaction). The lack of a "returns" sticker would likely be classed as a trivial breach of T&Cs. (I don't think it's a "seal" as mentioned above).

Contact your card provider for a chargeback (debit card) or Section 75 claim (credit card) if the supplier still won't abide by their legal obligations.