is this a case for the small claims court
in Consumer rights
31 replies 990 views
I bought a watch about 3 years ago and it came with a guarantee that the watch manufacturer would fix any problems for the next 5 years. In dec 2022 i sent it back to them to repair the watch strap however they said there would be a charge,. I said that i didnt agree and that the guarantee meant it would be fixed for free. I have not heard back from them and they haven't returned my watch. In Jan 2023 i wrote to them saying again that i want them to repair my watch for free under the guarantee that i was given but i still havent heard back from them,. The watch was bought on a easyjet flight somewhere between Germany and the UK and cost about £120
Is the next step for me to take the watch manufacturer to the small claims court to try to get the money back ?
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Have you double checked the terms of the guarantee to ensure the strap is included for repairs?
The manufacturer shouldn't be keeping the watch, have you asked for it's return?
Which country is the manufacturer based in?
The T&Cs of the guarantee will be key as many put it at the sole discretion of the guarantee provider which effectively makes them worthless as you are always dependent on their goodwill rather than something legally enforceable.
Straps are often excluded.
re T&C was strap inc?
Only valid for purchases made in the United Kingdom, Ireland, United States, Canada, Caribbean, and Mexico (“Territory”) from retailers (including Duty Free shops and Military Exchanges) Authorised by Citizen Watch United Kingdom, Ltd., Citizen Watch Company of America, Inc., Citizen Watch Canada Ltd., or Citizen de Mexico, S.A. de C.V. (“Citizen”, in their respective markets), as an Authorised Retailer.
Citizen Guarantees this watch (except the quartz battery, case and its components [including glass, stem, crown], bracelet and its components [including clasp, links, pins, screws], strap and its components or any accessories) to be free of defects in material and workmanship and to meet the timekeeping accuracy specification in the instructions for a period of five (5) years from the date of original retail purchase in the Territory from an Authorised Retailer. Citizen CZ Smartwatches are covered by a two (2) year guarantee.
The Five-Year Limited Guarantee will be honoured only by Service Centres in the Territory. Service Centres located in other parts of the world will provide Guarantee service under the one year International Guarantee.
If you register your watch in the United Kingdom or Ireland, you are entitled to an extra one-year guarantee in this territory. For this extended period your watch will be covered under the same terms and conditions as the 5-year guarantee. Please note that proof of purchase is still required during this one-year extended period. This watch registration programme is only valid with UK or Ireland postal address.
If the watch exhibits a defect through normal use, Citizen will at its option, either regulate, adjust, repair or replace the movement, as necessary within a reasonable time after the watch is returned during the Guarantee period: by insured mail or another insured carrier to the UK or Irish Service Centres.
All transportation costs (including, but not limited to, postage, insurance and packing materials) incurred in presenting or sending the watch to the UK Service Centre are the responsibility of the party presenting or sending the timepiece for service. If sending the watch, do not include any packaging you wish returned as all shipping materials are discarded upon receipt.
As a condition to any Guarantee service obligation, the Guarantee Certificate with all the case and serial numbers as well as the date of purchase filled in by the Authorised Retailer from whom the watch was purchased must accompany the watch when presented for Guarantee service. Any photocopies or original Guarantee certificates that appear to have been altered will not be honoured.
Bracelet or strap is excluded from the guarantee.
(except the quartz battery, case and its components [including glass, stem, crown], bracelet and its components [including clasp, links, pins, screws], strap and its components or any accessories)
Although I must admit I had to read it twice and doublecount the round and square brackets: ( [ ] [ ] ) It's mathematics all over again!
All views are my own and not the official line of MoneySavingExpert.