Faulty watch 22 July 2022 at 5:26PM in Consumer rights 20 replies 884 views

Marvinmolar4

Hi all

Wanted your learned opinion. My wife bought me a watch for my 50th in May. Cost over around £1000 (I know I'm lucky).

The leather strap has already started to come apart even though I don't wear it daily. I keep it on a watch winder when I work at home a couple of days per week and never wear it for DIY, sport etc.

Internet seller where I got it say that the strap isn't covered under warranty. They never are, but I thought that anything developing a fault in less than 6 months would be covered under Consumer Rights Act? Reasonably a watch strap on an expensive watch should be built to last more than 2 months?

I've emailed them to query that it's their responsibility as a retailer as the item is less than 6 months old, but they're standing firm on the warranty angle.

The warranty does indeed say that the strap isn't covered, but surely that's moot on an item that's only 2 months old?

Paid on credit card, so if all else fails, will look at a section 75 chargeback, but ideally would like retailer to do their job properly before we try that. Have said I'll accept a replacement strap as the watch itself is working as expected.

Any advice from you sages would be appreciated.

Aylesbury_Duck

Take it to a jeweller and ask for their verdict on the satisfactory quality of the strap.  They may make a small charge for a report, but it might be worth it.  Assuming it's not satisfactory, write to the retailer asking them to provide a resolution according to your consumer rights.   You're within six months so a report isn't strictly necessary, but given the value of the item and the retailer's intransigence, it might be helpful.

Who is the retailer?  I assume they're a UK-based, bona fide outfit?

Sandtree

The key here is that you aren't claiming under the warranty, which is in addition to your statutory rights and can be as broad or narrow as the seller/manufacturer wants, but your wife is claiming under her statutory rights of the Consumer Rights Act. Given the age of the watch it is assumed that this is a fault with the product unless the retailer can prove you've caused the damage or that the condition it is in is reasonable wear & tear for an item of 2 months. This assumes its a UK based seller.

If they continue not to play ball then your wife may have the option of S75 or a chargeback via the credit card. Whilst gifts are not excluded from S75 they can cause some complexity and would need to confirm who the account holder is, who's name was on the invoice etc.

Marvinmolar4

Thanks both. It is a genuine UK seller (Jura Watches). 

Sandtree - the purchase was made in my wife's name and it's her name on the invoice too, so I'm assuming that this wouldn't be an issue for a chargeback?

born_again

Chargeback gift/name etc has no bearing. Only S75 where it becomes a issue.
But on what basis are you going to chargeback?
I can only see faulty. That will require the watch to be sent back & will be on the full amount. There is no basis for a partial chargeback. Unless the watch strap was charged separately.

S75 will need a report to say strap is faulty.

I know this may grate a lot & means the co gets away with it. But at the end of the day. How much would a new strap cost?

Manxman_in_exile

This goes against what I would usually advise somebody to do (which would be the consumer rights route before trying the warranty) but I'd contact the manufacturer* and ask them outright if they think it acceptable** that the strap on a watch costing £1000 should fail after only a couple of months of reasonable use.  I'd try to shame them** into providing a replacement.

A strap on a watch should last more than two months whatever it cost - 50p or £20,000.

If it ended up as a chargeback and the watch had to be surrendered, if I were the OP, I'd be more than happy to surrender it as it clearly isn't worth £5 let alone £1000.  (Any sentimental value as a gift is clearly a waste of money.  Take the money and your wife can buy you a better 50th present.  And I like watches.)

*I assume the manufacturer is not the retailer.

**I assume the manufacturer has a decent reputation as a watch manufacturer?  I'm not sure a price tag of £1000 necessarily means it is a quality or high reputation item, but if it is, the manufacturer should be more than happy to replace it.

Manxman_in_exile

born_again said:

... I know this may grate a lot & means the co gets away with it. But at the end of the day. How much would a new strap cost?

If it were me I certainly wouldn't be buying a new strap myself.  Presumably the OP would want a matching strap from the manufacturer and I suspect that won't come cheap.

If neither the retailer nor the manufacturer will provide a free replacement strap, I'd be more than happy to go down the chargeback or s75 route and hand the watch back if necessary.  I know it was a birthday present, but who would want this as a reminder of a landmark birthday?

Marvinmolar4

born_again said:

Chargeback gift/name etc has no bearing. Only S75 where it becomes a issue.
But on what basis are you going to chargeback?
I can only see faulty. That will require the watch to be sent back & will be on the full amount. There is no basis for a partial chargeback. Unless the watch strap was charged separately.

S75 will need a report to say strap is faulty.

I know this may grate a lot & means the co gets away with it. But at the end of the day. How much would a new strap cost?

New strap for the model of Junghans watch I have would set us back an extra £100. I'm not prepared to pay that on an item that's only 2 months old.

Marvinmolar4

Manxman_in_exile said:

born_again said:

... I know this may grate a lot & means the co gets away with it. But at the end of the day. How much would a new strap cost?

If it were me I certainly wouldn't be buying a new strap myself.  Presumably the OP would want a matching strap from the manufacturer and I suspect that won't come cheap.

If neither the retailer nor the manufacturer will provide a free replacement strap, I'd be more than happy to go down the chargeback or s75 route and hand the watch back if necessary.  I know it was a birthday present, but who would want this as a reminder of a landmark birthday?

I agree. Handing the watch back wouldn't be an issue as it would be replaced with another birthday present.

born_again

Marvinmolar4 said:

born_again said:

Chargeback gift/name etc has no bearing. Only S75 where it becomes a issue.
But on what basis are you going to chargeback?
I can only see faulty. That will require the watch to be sent back & will be on the full amount. There is no basis for a partial chargeback. Unless the watch strap was charged separately.

S75 will need a report to say strap is faulty.

I know this may grate a lot & means the co gets away with it. But at the end of the day. How much would a new strap cost?

New strap for the model of Junghans watch I have would set us back an extra £100. I'm not prepared to pay that on an item that's only 2 months old.

Just a idea. 👍

Hope you get sorted. 

Sandtree

born_again said:

S75 will need a report to say strap is faulty.

Under CRA an item that's 2 months old is presumed to be faulty and it effectively becomes the retailers task to prove otherwise. Whilst for practical reasons you can understand a bank preferring the customer to get a report its not their obligation to do so. Are banks generally ignoring this @born_again?