Faulty watch - warranty repair or refund?

Buster_Danog

I bought a watch and paid with Paypal but found it was not ticking when I received it. I can't exchange it for the same one because it is now out of stock. When I contacted the customer services rep she told me that the warranty only covers certain repairs. She explained that if I send it for repairs I may well receive a quote and have to pay to have it repaired. I really like the watch but would not be willing to pay much for repairs.

My question is if I send it back to the company and they want to charge me for repairs, will I still have the right to then return the watch because it never worked and I had informed them of this by email a few days after I received it?

TELLIT01

If you purchased online and it wasn't working on arrival you have the right to return it and get a full refund.  That is assuming it was purchased from a business.

born_again

Where was watch bought from?
Online or instore?
How long ago?
A lot of watches don't tick. 

Buster_Danog

born_again said:

Where was watch bought from?
Online or instore?
How long ago?
A lot of watches don't tick. 

Online and I bought it only a few weeks ago. It doesn't tick or work. I was told by the Skagen customer service agent that it should be working on arrival, which it wasn't.

I know I have general consumer rights, but I seem to be in an odd situation. If I allow them to take it for repairs I am not sure if I then lose my right to a refund as it will then probably go over 30 days. I paid with Paypal so am assuming I have 30 days to file a dispute.

TELLIT01

If the watch was purchased a few weeks ago why has it only now become apparent that it isn't working?  Precisely when was it ordered and when was it received.  If it is still less than 28? days since receipt of the item I believe you can simply return the item.

Buster_Danog

TELLIT01 said:

If the watch was purchased a few weeks ago why has it only now become apparent that it isn't working?  Precisely when was it ordered and when was it received.  If it is still less than 28? days since receipt of the item I believe you can simply return the item.

The only delay was that there was an attempted delivery by UPS then I collected from a collection point. Ater I collected it I opened it about four of five days later as I was busy with other things. I then emailed Skagen about a week ago and got no reply so called them today.

As I mentioned in my first post it was not working from the time I opened the box. I presumed there was something I needed to do to get it to start ticking but on checking the general instruction book I found there is nothing I could have done.

TELLIT01

If it is still within the returns period of the Consumer Contracts Regulations return it.  You'll need to look at the regs yourself to see if you still qualify.

cymruchris

Return it, get a refund, choose another watch. Better than faffing about with repairs on a brand new unit. 

MarvinDay

TELLIT01 said:

If it is still within the returns period of the Consumer Contracts Regulations return it.  You'll need to look at the regs yourself to see if you still qualify.

Provided that the fault was reported to the seller within 30 days of receiving the watch, a return and full refund under the Consumer rights act short term right of rejection would be a far better option.
If the OP was to return under the CCR right of cancellation, they might be liable for the returns cost whereas under the CRA, the retailer is liable for this.

Buster_Danog

Thanks guys. The customer service agent is going to get a response from the repairs team and will then let me know what options I have. It isn't  the best customer service. It felt a lot like the situation is unusual to the customer service rep and she was trying to think on her feet. It must be very unusual for a new watch not to be working.

TELLIT01

Buster_Danog.  You still haven't said how long it is since you took delivery of the watch.  From the decision to continue on the repair route I suspect it must be over the time limit for rejecting the item.