Refused refund, where do I go next

Rumsmum_84

I hope someone can support me with a tricky situation. I bought a luxury watch online from a very well established retailer. When it arrived the outer layer of manufacturer packaging was marked, a little torn and not for the same watch model as I ordered. I wanted everything to be pristine, this was a large purchase for me. Since it was not I requested a refund. I was very careful with the item, tried it on once then returned it to its original packaging until it was collected by the company. Ten days after it was collected from me, I contacted them as I had not received a refund and they replied that the refund is refused as on inspection the watch bracelet is scratched. I am certain I did not scratch it and did not notice any scratching when I tried it on. After much back and forth, the retailed says their final word is no refund. My bank indicate they cannot pursue as I cannot prove i did not damage the watch and also because the issue I had with the watch was ‘only’ with the packaging, not the item itself. I am not sure where to go next - I know I did not damage the watch but the retailer will not accept. Any advice very greatly appreciated. 

Aylesbury_Duck

Rumsmum_84 said:

I hope someone can support me with a tricky situation. I bought a luxury watch online from a very well established retailer. When it arrived the outer layer of manufacturer packaging was marked, a little torn and not for the same watch model as I ordered. I wanted everything to be pristine, this was a large purchase for me. Since it was not I requested a refund. I was very careful with the item, tried it on once then returned it to its original packaging until it was collected by the company. Ten days after it was collected from me, I contacted them as I had not received a refund and they replied that the refund is refused as on inspection the watch bracelet is scratched. I am certain I did not scratch it and did not notice any scratching when I tried it on. After much back and forth, the retailed says their final word is no refund. My bank indicate they cannot pursue as I cannot prove i did not damage the watch and also because the issue I had with the watch was ‘only’ with the packaging, not the item itself. I am not sure where to go next - I know I did not damage the watch but the retailer will not accept. Any advice very greatly appreciated. 

Just to check - was this a UK-based retailer?  If so, then it's down to a small claims court claim and how the court views things on the balance of probabilities.

What the retailer can't do is keep your money and the watch.  Do they still have the watch?

Rumsmum_84

It is a UK based retailer. They do still have the watch and money, but intend to return the watch. I am starting to wonder if there has been a mix up and they are sending me back a different watch. I have no proof the watch was in perfect condition when it left me. How silly of me to trust the retailer. I can only make the case that I had it in my home for a very short period (less then 14 days) and that they allege it had marks from general wear and tear - surely that could not happen without a long period of use. 

Aylesbury_Duck

Perhaps await the return and see if it actually turns out to be the watch you originally ordered, and if it's not, send them a letter before action threatening small claims court.

P.S. Did you explain to your card company that they actually sent the wrong product?

Rumsmum_84

Thanks, for this. It’s appreciated.
The watch I received originally was the model I ordered, the outer package was from a different watch and my card provider does not consider the manufacturer packaging to be part of the “item”. They are only concerned with the watch itself. 🥲

sheramber

Are you saying you got the watch you ordered but you returned it because the box/package was for a different model of watch.

There was nothing wrong with the watch itself.

Jenni_D

Perhaps an idea of price may help?

In some cases the "presentation box" is an integral part of ownership of an item, and the item and box both being in pristine condition influences the value and saleability of the product.

Rumsmum_84

Yes, exactly that. It was a costly item and I wanted it to be completely perfect. 

MeteredOut

Rumsmum_84 said:

Thanks, for this. It’s appreciated.
The watch I received originally was the model I ordered, the outer package was from a different watch and my card provider does not consider the manufacturer packaging to be part of the “item”. They are only concerned with the watch itself. 🥲

I'd strongly argue that a different outer package would affect future resale value and is part of the item, particularly because it is a luxury watch. I'd be telling my bank the same thing.

Rumsmum_84

Cost was just over £2000. The watch came in a presentation case and then card sleeve, both of which are part of the manufacturer packaging and I believed would be part of value of the watch if I decided to sell in future. It was the card sleeve that was damaged and not original to the watch I ordered. 

Jenni_D

Regarding the (alleged) scratch ... on which wrist do you wear a watch? And do you wear jewellery (rings etc.)? (I'm assuming your gender based on your forum name). Is it possible that the stone of an engagement ring or similar may have come into contact with the watch bracelet?