Faulty watch - warranty repair or refund?

Manxman_in_exile

@Buster_Danog -  did you inform Skagen within 30 days of receiving it that it wasn't working?  If you did, my understanding is that the clock then stops on your 30 day short-term right to reject and you can allow them to try to fix it.  If they can't fix it then you tell that you are exercising your short-term right to reject and that you want a full refund.  (If I'm wrong I'm sure others will correct me).

Of course you shouldn't be paying for any repairs to fix a brand new watch that has never worked!  It's Skagen's responsibility.

(By the way, it's very difficult to give you really accurate advice as, despite being asked several times, you seem either reluctant or unable to provide any relevant dates.  Even if it's nearly 6 months since you bought it, it's basically still the seller's responsibility to fix it - you shouldn't be paying for any repairs)

NB - did you buy online for Skagen in the UK or was the website based elsewhere?

Buster_Danog

Yes, directly from the Skagen website. I didn't remember the exact dates but checking my email I ordered it on 11th November, and collected it from a UPS pickup point on 19th November, which is exactly 14 days ago. I first emailed Skagen to let them know it wasn't working 8 days ago.

I should mention the Skagen repairs portal seems to suggest I would not be charged for any problem with the battery powered movement. The customer service rep did not even mention the movement as qualifying for free repairs. She mentioned problems with the hands on the watch and the dial.

The Skagen repairs portal says "The hands, dial, and watch movement are the components covered under the warranty, as well as any factory defect."

Manxman_in_exile

@Buster_Danog -  if the watch isn't working because it is faulty or broken, then the warranty is irrelevant.

You have a statutory right as a consumer under the Consumer Rights Act 2015 (legislation.gov.uk) to reject faulty goods in return for a full refund for a period of up to 30 days after they come into your possession.

If you only ordered it on 11 November then you are clearly still within 30 days, although I would argue that the 30 days runs from 19 November when you collected it, and not from 11 November.

Clearly tell Skagen you are rejecting it as faulty under sections 20 and 22 of the legislation linked to above.

If you want to give them an opportunity to fix or replace it, my understanding is that you can do so and that the 30 day clock stops ticking while they attempt to replace or fix it.  If it still isn't working after they try to fix it or replace it, you can still exercise the short term right to reject for a full refund either (a) for up to 7 days after they return it to you, or (b) if longer, after the original 30 days plus the number of days they have had it trying to fix it.  See s22(6), (7) and (8).

Make sure you explain all this to Skagen.  ie that you are enforcing your stautory consumer rights under Consumer Rights Act 2015 (legislation.gov.uk) to reject the watch within 30 days, but that you will allow them to attempt to repair it, but if they can't you are still rejecting it for a full refund.  Make it clear to them that you are not relying on a warranty.

At least that's my understanding of the legislation, but I'm not a lawyer.  I'm sure if I'm wrong someone else will come along and correct me.

[Edit:  If you don't want to reject it because there's no other stock left, then you don't have to.  But if the watch is faulty, it is their responsibility under the legislation to provide you a watch in working order.  You don't have to pay them to fix it and it's irrelevent what their warranty does or does not cover.  Your statutory consumer rights apply to the whole watch]

Buster_Danog

Thanks for that. I will definitely explain and make sure it is clarified before I send it to them. It would be remarkably bad customer service if they tried to charge me for a repair then refused to refund me for a watch that never worked if I chose not to pay fo the repair.