Faulty product but hygiene seal broken

gf11

gf11 said:

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

UPDATE 

They’ve admitted the clasp needs repairing / replacing but have refused a refund and haven’t reimbursed me for the cost of sending it back to them. But did say they would waiver the admin fee in this instance 🙃 followed by an email saying that all further communication will not be responded to. 

Raised a dispute with my bank, don’t know what else I can do! 

Manxman_in_exile

As others have said:

(1) if the goods are faulty (and your retailer seems to have shot themselves in the foot by admitting that "... the clasp needs repairing/replacing... " therefore showing they think it's faulty in some way themselves) then the "hygiene seal" is totally irrelevant to your right to a full refund (including any delivery fees and or return fees you have paid) if you exercise your short term right to reject within 30 days; and 

(2) regardless of whether they categorise the item as "jewellery" or not, I don't see how the "sealed for hygiene purposes" exception could apply at all even if you were simply exercising a change of mind return.  The exception doesn't apply to goods because they are "jewellery" - or watch-straps for that matter.  As @the_lunatic_is_in_my_head has said, It only applies to "... sealed goods which are not suitable for return due to health protection or hygiene reasons, ..."

A watch strap can't be sealed for "health protection or hygiene reasons" because it would normally remain suitable for return after the seal was broken.

Sounds like you have chosen to buy from the wrong retailer, but you might want to try pointing the law out to them again before trying your bank.  (If you have tried to explain the legal position to the retailer more than once and they have continued to deny your right to a refund despite what you have shown them the law is, it can only help your dispute with the bank)

The law regarding point (1) is in the link given previously by @the_lunatic_is_in_my_head, and the law explaining the "sealed for hygiene reasons" is in s28(3)(a) here.

[edit:  sorry - missed the final bit of that last sentence - that should read s28(3)(a) here: The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)]

Manxman_in_exile

@gf11 - note I've edited the end of my previous post to include the correct legislation...

sheramber

Who is the retailer. UK.co doesn't mean it is a uk based company.