Different warranty conditions buying a product from a third party and not the manufacturer?

craigsymon

Hi
I bought a Garmin watch almost 2 years ago. Recently this became faulty and would not pair with my phone. Garmin helpdesk determines the product was faulty and neeeded to be replaced under warranty. It has a 2 year warranty. This was sent to Garmin at the beginning of March and they received it 12th March. They have now said that my watch in that colour is not in stock until June. 
Garmins text from their Warranty Coverage document online says that;
Garmin will, at its option, repair or replace the device or offer a full refund  of the original purchase price.
I am of the view that since they can not repair or replace the watch within a reasonable timeframe then they should offer a refund as per their policy. They state that the refund does not apply to me as I bought the watch from a third party outlet and not Garmin direct. It was bought new and boxed, and it was cheaper than buying direct from Garmin.
Are they correct? Seems odd that they can change their warranty terms like that. No mention of buying from third parties on their warranty text. Only that online auction purchases may not be covered. 

JJ_Egan

Warranty is not your consumer rights . Subject to any terms they want .

Your Consumer Rights are against the vendor ,repair replace or refund less 2 years usage .

Batesy1976

craigsymon said:

Hi
I bought a Garmin watch almost 2 years ago. Recently this became faulty and would not pair with my phone. Garmin helpdesk determines the product was faulty and neeeded to be replaced under warranty. It has a 2 year warranty. This was sent to Garmin at the beginning of March and they received it 12th March. They have now said that my watch in that colour is not in stock until June. 
Garmins text from their Warranty Coverage document online says that;
Garmin will, at its option, repair or replace the device or offer a full refund  of the original purchase price.
I am of the view that since they can not repair or replace the watch within a reasonable timeframe then they should offer a refund as per their policy. They state that the refund does not apply to me as I bought the watch from a third party outlet and not Garmin direct. It was bought new and boxed, and it was cheaper than buying direct from Garmin.
Are they correct? Seems odd that they can change their warranty terms like that. No mention of buying from third parties on their warranty text. Only that online auction purchases may not be covered. 

They didn't change their warranty terms, they simply clarified them for you.

They have given themselves the option of a repair, replacement or a refund.  They are choosing not to refund as is their right.

Ectophile

Batesy1976 said:

craigsymon said:

Hi
I bought a Garmin watch almost 2 years ago. Recently this became faulty and would not pair with my phone. Garmin helpdesk determines the product was faulty and neeeded to be replaced under warranty. It has a 2 year warranty. This was sent to Garmin at the beginning of March and they received it 12th March. They have now said that my watch in that colour is not in stock until June. 
Garmins text from their Warranty Coverage document online says that;
Garmin will, at its option, repair or replace the device or offer a full refund  of the original purchase price.
I am of the view that since they can not repair or replace the watch within a reasonable timeframe then they should offer a refund as per their policy. They state that the refund does not apply to me as I bought the watch from a third party outlet and not Garmin direct. It was bought new and boxed, and it was cheaper than buying direct from Garmin.
Are they correct? Seems odd that they can change their warranty terms like that. No mention of buying from third parties on their warranty text. Only that online auction purchases may not be covered. 

They didn't change their warranty terms, they simply clarified them for you.

They have given themselves the option of a repair, replacement or a refund.  They are choosing not to refund as is their right.

But they are not repairing or replacing either, by the sound of it.

craigsymon

They can’t repair it as they don’t have it anymore. They also can’t replace it until at least June. Surely they then need to refund. How long can they reasonably wait to replace it. 

lincroft1710

You chose to use the manufacturer's warranty rather than exercise your consumer rights, so you are bound by the terms of their warranty. There is nothing stopping you asking if you can have a refund given the length of time an exact replacement will take to source or perhaps accept a watch of a different colour. 

craigsymon

Can I now exercise my consumer rights to get a refund?

davidmcn

Perhaps, but bear in mind it's not going to be a full refund after two years of use.

lincroft1710

craigsymon said:

Can I now exercise my consumer rights to get a refund?

This may be difficult as you no longer have the item and the retailer will require a report saying it has an inherent fault. You will get a better result by being patient and getting a brand new watch from Garmin.

68ComebackSpecial

The seller may also ask you to prove that the fault is an inherent one rather than caused by misuse.

Batesy1976

Ectophile said:

Batesy1976 said:

craigsymon said:

Hi
I bought a Garmin watch almost 2 years ago. Recently this became faulty and would not pair with my phone. Garmin helpdesk determines the product was faulty and neeeded to be replaced under warranty. It has a 2 year warranty. This was sent to Garmin at the beginning of March and they received it 12th March. They have now said that my watch in that colour is not in stock until June. 
Garmins text from their Warranty Coverage document online says that;
Garmin will, at its option, repair or replace the device or offer a full refund  of the original purchase price.
I am of the view that since they can not repair or replace the watch within a reasonable timeframe then they should offer a refund as per their policy. They state that the refund does not apply to me as I bought the watch from a third party outlet and not Garmin direct. It was bought new and boxed, and it was cheaper than buying direct from Garmin.
Are they correct? Seems odd that they can change their warranty terms like that. No mention of buying from third parties on their warranty text. Only that online auction purchases may not be covered. 

They didn't change their warranty terms, they simply clarified them for you.

They have given themselves the option of a repair, replacement or a refund.  They are choosing not to refund as is their right.

But they are not repairing or replacing either, by the sound of it.

They're not choosing to not replace or repair either. They're saying it will take a couple of months.