Faulty product but hygiene seal broken

gf11

I purchased an watch strap for my Apple Watch and I came in a plastic sleeve with a hygiene seal. I opened the packaging breaking the seal and later found the strap to be faulty (the clasp didn’t close properly) 

I’ve contacted the retailer asking for a refund as I don’t think the product is of satisfactory quality and they’ve offered me a repair or replacement after they’ve inspected it but refused a refund because the hygiene seal has been broken. 

After a bit of back and forth I’ve said il send it back for inspection but my question is does a faulty product override the hygiene seal in any case? 

Should I accept a repair / replacement? 

I’m not confident the product with be of good enough quality to hold a £600 Apple Watch in any case. 

TIA

m0bov

You can ask for a refund, is it ebay? paypal?

the_lunatic_is_in_my_head

With regards to "faulty" goods the hygiene issue doesn't affect the retailer's obligation. 

If you are past 30 days they can repair/replace. If you are within 30 days you can reject for a refund but may need to show there is a problem with the goods. If they repair/replace and the problem is still present then you may reject anyway for a full refund (within 6 months, after 6 months it can be a part refund to account for use vs lifespan). 

As an aside, personally I don't think a watch strap is covered by the hygiene seal limit when changing your mind any way because the goods have to be not suitable for return due to health protection or hygiene reasons for that to apply.

DullGreyGuy

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

gf11

the_lunatic_is_in_my_head said:

With regards to "faulty" goods the hygiene issue doesn't affect the retailer's obligation. 

If you are past 30 days they can repair/replace. If you are within 30 days you can reject for a refund but may need to show there is a problem with the goods. If they repair/replace and the problem is still present then you may reject anyway for a full refund (within 6 months, after 6 months it can be a part refund to account for use vs lifespan). 

As an aside, personally I don't think a watch strap is covered by the hygiene seal limit when changing your mind any way because the goods have to be not suitable for return due to health protection or hygiene reasons for that to apply.

Ok that’s what I thought. So I guess they are asking me to send it back to see the fault for themselves? Although they are refusing all possibility of a refund. 

I purchase the item recently, well within 30 days. 

I agree with the hygiene seal but they are saying it’s listed as a jewellery item and that’s why it has a seal. 

I don’t know what’s best to do to ensure a refund? 

gf11

DullGreyGuy said:

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

Ok thank you! 

As they are requesting me send it back for inspection and then the options are to repair or replace what are my options to ensure a refund?

the_lunatic_is_in_my_head

gf11 said:

the_lunatic_is_in_my_head said:

With regards to "faulty" goods the hygiene issue doesn't affect the retailer's obligation. 

If you are past 30 days they can repair/replace. If you are within 30 days you can reject for a refund but may need to show there is a problem with the goods. If they repair/replace and the problem is still present then you may reject anyway for a full refund (within 6 months, after 6 months it can be a part refund to account for use vs lifespan). 

As an aside, personally I don't think a watch strap is covered by the hygiene seal limit when changing your mind any way because the goods have to be not suitable for return due to health protection or hygiene reasons for that to apply.

Ok that’s what I thought. So I guess they are asking me to send it back to see the fault for themselves? Although they are refusing all possibility of a refund. 

I purchase the item recently, well within 30 days. 

I agree with the hygiene seal but they are saying it’s listed as a jewellery item and that’s why it has a seal. 

I don’t know what’s best to do to ensure a refund? 

Best you can do is send them this link:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

Advise you are exercising the short term right to reject, note the hygiene issue is for change of mind so doesn't apply and you expect a refund upon return and see what they say. They may say OK but you have to show the issue is with the goods rather than caused by the user which is probably difficult and leads back to repair/replace if you couldn't. 

There are avenues to enforce your rights but it would depend upon the value of the order and how much trouble you wish to go to  

DullGreyGuy

gf11 said:

DullGreyGuy said:

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

Ok thank you! 

As they are requesting me send it back for inspection and then the options are to repair or replace what are my options to ensure a refund?

Assuming you have had them for less than 30 days you just need to be clear with them that you are rejecting the goods under your statutory short term right from the Consumer Rights Act as the item is fault and therefore will be expecting a full refund after their inspection. 

VohnnyJegas

DullGreyGuy said:

gf11 said:

DullGreyGuy said:

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

Ok thank you! 

As they are requesting me send it back for inspection and then the options are to repair or replace what are my options to ensure a refund?

Assuming you have had them for less than 30 days you just need to be clear with them that you are rejecting the goods under your statutory short term right from the Consumer Rights Act as the item is fault and therefore will be expecting a full refund after their inspection. 

 But this very much depends on where they're based, which may not be the UK/EU.

DullGreyGuy

VohnnyJegas said:

DullGreyGuy said:

gf11 said:

DullGreyGuy said:

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

Ok thank you! 

As they are requesting me send it back for inspection and then the options are to repair or replace what are my options to ensure a refund?

Assuming you have had them for less than 30 days you just need to be clear with them that you are rejecting the goods under your statutory short term right from the Consumer Rights Act as the item is fault and therefore will be expecting a full refund after their inspection. 

 But this very much depends on where they're based, which may not be the UK/EU.

It depends what legislation applies to the contract which will normally be where they are based but not necessarily. Amazon.co.uk is operated by a company based in Luxembourg but UK consumer rights apply if you are resident in the UK when ordering from them. 

You are right however in that all the advices above assumes the vendor is in the UK or the England & Wales legal jurisdiction applies.

gf11

DullGreyGuy said:

VohnnyJegas said:

DullGreyGuy said:

gf11 said:

DullGreyGuy said:

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

Ok thank you! 

As they are requesting me send it back for inspection and then the options are to repair or replace what are my options to ensure a refund?

Assuming you have had them for less than 30 days you just need to be clear with them that you are rejecting the goods under your statutory short term right from the Consumer Rights Act as the item is fault and therefore will be expecting a full refund after their inspection. 

 But this very much depends on where they're based, which may not be the UK/EU.

It depends what legislation applies to the contract which will normally be where they are based but not necessarily. Amazon.co.uk is operated by a company based in Luxembourg but UK consumer rights apply if you are resident in the UK when ordering from them. 

You are right however in that all the advices above assumes the vendor is in the UK or the England & Wales legal jurisdiction applies.

DullGreyGuy said:

VohnnyJegas said:

DullGreyGuy said:

gf11 said:

DullGreyGuy said:

If the clasp doesn't close its simply faulty... comments about "unsatisfactory quality" blurs the matter significantly as its a much more subjective consideration factoring price, marketing etc. 

For a faulty item you have your statutory right to reject the goods and the hygiene seal is irrelevant. 

Ok thank you! 

As they are requesting me send it back for inspection and then the options are to repair or replace what are my options to ensure a refund?

Assuming you have had them for less than 30 days you just need to be clear with them that you are rejecting the goods under your statutory short term right from the Consumer Rights Act as the item is fault and therefore will be expecting a full refund after their inspection. 

 But this very much depends on where they're based, which may not be the UK/EU.

It depends what legislation applies to the contract which will normally be where they are based but not necessarily. Amazon.co.uk is operated by a company based in Luxembourg but UK consumer rights apply if you are resident in the UK when ordering from them. 

You are right however in that all the advices above assumes the vendor is in the UK or the England & Wales legal jurisdiction applies.

Thank you both! They are Uk based! I’ve sent an email today so hopefully hear back soon, thanks for your help so far!