New watch - UK online store sent me second hand one & no receipt

mta999

I agree about going to your credit card but not sure if you should ask your card for a chargeback or section 75

MyRealNameToo

the_lunatic_is_in_my_head said:

YorkshireJames said:

I bought a fitness watch from an online UK store this week. I'd not used the store before but it got okay reviews on Trust Pilot and is London based.  I paid on Amex credit card just in case.

I didn't get an email receipt and when the watch arrived I charged it and tried to register the warranty and it said it has already been registered by someone else.

The watch must be secondhand hand, but there was no indication of that on the website and the price was similar other new prices.

I've now had a look at the returns on their website and it says they do not accept returns on fitness watches.

So I bought an expensive new fitness watch, but I'm stuck with a secondhand one, no returns and no receipt.

What can I do?

If AMEX is a credit card

YorkshireJames said:

 I paid on Amex credit card just in case.

Not sure it needed to be an if statement?

Watch is currently listed as £249.99, given they charge for P&P no idea why they ordered from a random site given amazon is cheaper and the likes of H.Samuels is the same price given their free P&P

I suspect they probably are in the UK and are just a fantasist but it is the Shopify based site with a legal jurisdiction of the UK which are some pointers to it not being what they claim. 

YorkshireJames

Thanks everyone. I'll contact them by email and then if that doesn't work try a section 75.

Thanks so much for all your help.

Renfrewman

MyRealNameToo said:

the_lunatic_is_in_my_head said:

YorkshireJames said:

I bought a fitness watch from an online UK store this week. I'd not used the store before but it got okay reviews on Trust Pilot and is London based.  I paid on Amex credit card just in case.

I didn't get an email receipt and when the watch arrived I charged it and tried to register the warranty and it said it has already been registered by someone else.

The watch must be secondhand hand, but there was no indication of that on the website and the price was similar other new prices.

I've now had a look at the returns on their website and it says they do not accept returns on fitness watches.

So I bought an expensive new fitness watch, but I'm stuck with a secondhand one, no returns and no receipt.

What can I do?

If AMEX is a credit card

YorkshireJames said:

 I paid on Amex credit card just in case.

Not sure it needed to be an if statement?

Watch is currently listed as £249.99, given they charge for P&P no idea why they ordered from a random site given amazon is cheaper and the likes of H.Samuels is the same price given their free P&P

I suspect they probably are in the UK and are just a fantasist but it is the Shopify based site with a legal jurisdiction of the UK which are some pointers to it not being what they claim. 

He'll have missed it...which is odd as he has been around here long enough to know....

elsien

YorkshireJames said:

elsien said:

Contact them in the first instance to explain that what was sent isn’t not what you ordered? 

But can't they then just send me an edited receipt that says "second hand" at the top (or anything else i complain about) and tell me that's what I bought?

Also, there's no way to contact them in writing except a form on their website.

You are presupposing that is what they will do. You don’t know until you try. 

Alderbank

YorkshireJames said:

elsien said:

Contact them in the first instance to explain that what was sent isn’t not what you ordered? 

Also, there's no way to contact them in writing except a form on their website.

Their registered address is on the first page of their Companies House entry.

MyRealNameToo

Alderbank said:

YorkshireJames said:

elsien said:

Contact them in the first instance to explain that what was sent isn’t not what you ordered? 

Also, there's no way to contact them in writing except a form on their website.

Their registered address is on the first page of their Companies House entry.

And their directors/sole employees address is on the People tab which does point to a residential property rather than the mail forwarding service that the registered address uses. 

Given an older bloke with the same surname has had a real estate business based at the same address a while back its probably genuine 

Grumpy_chap

user1977 said:

YorkshireJames said:

an online UK store...is London based. 

Are you sure about that? Lots of foreign websites splash "London" around their site.

They might, of course, be based abroad and still be in London:
https://en.wikipedia.org/wiki/London_(disambiguation)

YorkshireJames

Okay, so I disputed the payment with the credit card company. Something about that prompted retailer to reply to my email:

This is illegal

We have received notice of a fraudulent chargeback relating to your order (details below). Please note that the item in question remains in your possession, meaning you have both the goods and a refund. This constitutes unlawful conduct.

Garmin is responsible for replacing the item, and the correct process has not been followed. Unless this chargeback is closed immediately, we will have no choice but to escalate the matter and issue proceedings in the Small Claims Court. Please also be aware that all associated legal and recovery fees will be added to your liability.

We urge you to resolve this matter promptly to avoid further action.

If this is not closed we will have to open a claim in the courts and will charge legal feees.

---

What do I do next?

They still haven't told me how to return it or sent me a return label. Should I follow the retailers advice and complain to Garmin and ask for a replacement?

Thanks for all your help.

MeteredOut

You've chosen not to share the retailer or the T&Cs you agreed to, so it will be hard for people to advise, but I can't see how this is between you and Garmin.

They haven't said if they've challenged the dispute. If so, Amex could well put the charge back on your card.
However, their email threatening going legal was written by someone who doesn't really understand what they're saying.

Do you know what they're referring to when they said "the correct process has not been followed"?

I'd response asking them (again?) how they want to arrange collection of the watch, as it was not as described. Have you officially rejected it as per your legal right?