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

born_again

YorkshireJames said:

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.

Well you can't close a chargeback. They need to reject it. On the basis you still have the goods.
Although, it maybe easier for them to simply take the matter to court. 
As chargebacks are over & above your legal consumer rights. 

MyRealNameToo

YorkshireJames said:

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.

Sounds like they have received the same "Chargeback = Friendly Fraud" posts/reports that have been doing the rounds recently. 

So the dispute has been dealt with as a chargeback rather than S75, which is normal practice. This will probably be rejected on the basis you still have the goods, depending on which chargeback code it was put through as. If it is then you should ask AmEx to consider it under S75 instead pointing out you've been unable to return the goods as the vendor refused to disclose where to send the goods. 

YorkshireJames

MeteredOut said:

 Have you officially rejected it as per your legal right?

Thank you. Can you just confirm what this means, do I need to do this in a certain formal way?

I've asked for a refund or brand new replacement.

YorkshireJames

MyRealNameToo said:

So the dispute has been dealt with as a chargeback rather than S75, which is normal practice. This will probably be rejected on the basis you still have the goods, depending on which chargeback code it was put through as. If it is then you should ask AmEx to consider it under S75 instead pointing out you've been unable to return the goods as the vendor refused to disclose where to send the goods. 

Thanks. Should I wait to see what Amex say or request they s75 it now?

I could send the goods to the Companies House registered address, but I want them to pay postage as this is all their issue.

YorkshireJames

I'm probably going to:
1. Write to the retailer asking for them to send me a prepaid postage label.
2. Contact Garmin, as the retailer has asked, and ask Garmin for a replacement.

Anything else I should do at this point?

MeteredOut

YorkshireJames said:

MyRealNameToo said:

So the dispute has been dealt with as a chargeback rather than S75, which is normal practice. This will probably be rejected on the basis you still have the goods, depending on which chargeback code it was put through as. If it is then you should ask AmEx to consider it under S75 instead pointing out you've been unable to return the goods as the vendor refused to disclose where to send the goods. 

Thanks. Should I wait to see what Amex say or request they s75 it now?

I could send the goods to the Companies House registered address, but I want them to pay postage as this is all their issue.

I'd not be sending the goods. What if they get lost (or you're told they never arrived)?

MeteredOut

YorkshireJames said:

I'm probably going to:
1. Write to the retailer asking for them to send me a prepaid postage label.
2. Contact Garmin, as the retailer has asked, and ask Garmin for a replacement.

Anything else I should do at this point?

On what basis are you asking Garmin for a replacement? Is it faulty?

YorkshireJames

MeteredOut said:

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"?

As I've put enough information in here now for it to be identifiable, I'll link the returns policy below. 

The only communication I have had is the email I've quoted in full above. I've had nothing else at all, no order confirmation, no receipt of email confirmation, no nothing.

Thanks again for your help.

YorkshireJames

Returns policy:
https://www.theoxygenlifestyle.com/policies/refund-policy

MeteredOut

YorkshireJames said:

Returns policy:
https://www.theoxygenlifestyle.com/policies/refund-policy

"Garmin not Returnable" (as you noted)

But, just because it says that does not mean you can't return a watch you bought as new but was clearly second hand.

Did you follow their returns policy anyway, ie. via their Returns Centre, within 14 days?

Those T&Cs do look unenforceable in many cases, eg, returns within 14 days of order. What if it takes 2 weeks to arrive?