Ordered a watch remotely (on the phone) - retailer has refused refund

Sandtree

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

Businesses are supposed to wear their big boy pants and know that consumers have this right and design their business model taking this into account.

There is nothing that obliges them to offer special order items, to accept remote orders for special orders or agree terms with their suppliers that they cannot return items.  Those that choose to have to build in the cost of cancelled orders, items that turn up faulty, shoplifters, insurance to cover shoplifting and a host of other costs that exist when running a business.

vacheron

It does sound to me like they are just trying their luck hoping you will accept the store credit (which is guaranteed to benefit them in the long term).

Lonngines, while hardly small by any standard, are part of the Swatch group, which owns about 20 watch brands from affordable (Swatch, Tissot) to very much "high end" (Blancpain, Breguet, Glashutte Original) with a range totalling thousands of different models. Any "good" watch shop could therefore have about 30-50% of its stock from Swatch group companies.

To think that there is no method for the shop to order in a production (non-customised) watch for a customer from a Swatch group company with no way to return it later if the customer changes their mind does seem unlikely.

This would however rely on them being an authorised dealer. Are they?
   

born_again

mlv-1967 said:

I have now started a dispute through Amex.  Hopefully they understand UK consumer law!   

Taking it that it is a Amex Credit card & not a charge card.
Card regulations have nothing what so ever to do with your consumer rights. They are over and above them as extra's provided by Visa/Mastercard/Amex.

Given PayPal is involved in the chain, then any possible S75 could be thrown out straightaway. As well as the fact that it is not the retailer who has breeched the contract, by cancelling the order.

DiddyDavies

born_again said:
 As well as the fact that it is not the retailer who has breeched the contract, by cancelling the order.

The retailer has breached the contract by not following their legal obligations regarding that contract and the OP hasn't breached it as they are only attempting to do what the law allows them to do.

Aretnap

gettingtheresometime said:

mlv-1967 said:

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

If I am entitled to change my mind then I can.  I don't know what you are insinuating!  More often than not it is businesses who mess consumers around by being unreasonably inflexible.  Spending £1,500 on a watch is not a small or casual purchase, so you need to be completely happy before parting with your hard earned cash. 

If I was spending £1500 on a watch then I'd want to see it physically first.

Which is precisely why distance selling regulations give a right of return - so the customer has chance see the goods physically before the sale becomes final.

Takmon

mlv-1967 said:

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

If I am entitled to change my mind then I can.  I don't know what you are insinuating!  More often than not it is businesses who mess consumers around by being unreasonably inflexible.  Spending £1,500 on a watch is not a small or casual purchase, so you need to be completely happy before parting with your hard earned cash. 

I agree so why did you order the item and pay for it before you were completely happy? You can't have been completely happy if you changed your mind before it was even delivered... 

mlv-1967 said:

gettingtheresometime said:

mlv-1967 said:

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

If I am entitled to change my mind then I can.  I don't know what you are insinuating!  More often than not it is businesses who mess consumers around by being unreasonably inflexible.  Spending £1,500 on a watch is not a small or casual purchase, so you need to be completely happy before parting with your hard earned cash. 

If I was spending £1500 on a watch then I'd want to see it physically first.

In many cases this isn't possible unless you are willing to travel to London or any other large city.  Anyway, this is beside the point as I changed my mind well before the item was delivered to me.

Manxman_in_exile

I'd be interested to know the answer to unholyangel's question...

DiddyDavies

Takmon said:

I agree so why did you order the item and pay for it before you were completely happy? You can't have been completely happy if you changed your mind before it was even delivered... 

As the OP was asking a question relating to their consumer rights, the reason for the change of mind is totally irrelevant when discussing those rights.
The simple fact is that if the sale meets the criteria of the Consumer contracts regulations for a cancellation then they are legally entitled to change their mind and get a full refund of the price of the watch and possibly all of the original P&P costs.