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

Okell

pinkshoes said:

YorkshireJames said:

Okay, I took your advice, my email to them:

Dear Oxygen Lifestyle Team,

Thank you for your recent email.

I am writing in response to reiterate my concern regarding the Garmin Instinct 2S watch I purchased from you. Upon receipt, I discovered that the device had already been registered by someone else, indicating that it is not new as advertised.

As previously stated, I am more than happy to return the item. However, despite my earlier request, I have yet to receive the prepaid return postage label necessary to send the product back to you.

Please note that I am simply requesting that this return be handled in accordance with the Consumer Rights Act 2015, under which I am entitled to return goods that are not as described. There is absolutely no fraudulent intent here—just an expectation that the return process be carried out properly, which unfortunately has not happened so far.

As soon as I receive the prepaid return label, I will promptly send the watch back to you.

I appreciate your attention to this matter and look forward to your swift response.

Kind regards,

-‐-------

Their response:

We do not accept your claim. The Garmin Instinct 2S supplied to you was sold as new. We have confirmed that the product has not been previously registered, and any registration, support, or warranty queries are handled exclusively by Garmin under their manufacturer’s warranty.

You remain in possession of both the goods and the refund obtained through a chargeback. This means you currently have the watch without paying for it, which is unlawful. Unless this chargeback is reversed and closed within 48 hours, we will escalate the matter and initiate legal proceedings to recover the goods and all associated costs.

Please resolve this matter immediately to avoid further action.

Kind regards,
Oxygen Lifestyle

I'd reply with a screenshot of the warranty showing it has already been registered as your proof, and state again could they please send a pre-paid label so you can return it, and that the goods only remain in your possession as they have failed to provide a returns label...

I think that's what I'd do.

The OP might want to add that he's rejecting the watch for a full refund under s 11 of the Consumer Rights Act 2015  (goods must be as described) and he should also point out that as the seller is in breach of contract then under s20 of the same Act the seller has a duty either to collect the goods or to bear the reasonable cost of returning them - so the seller needs to supply the OP with a pre-paid returns label to the return address.

I would have thought the seller was committing a criminal offence in trying to say that certain brands cannot be returned.  It used to be the Consumer Protection from Unfair Trading Regulations 2008, but has that recently been superseded by new legislation?  A seller can't give false information that might affect a consumer's decision to do or not do something.

Also their returns policy does not mention consumer cancellation rights and states that returns must be received within 14 days, all of which is non-compliant with the legislation


[Edit: the above assumes that (1) the watch was sold as "new"; (2) the claim the watch shows as being previously registered is correct, and; (3) that that means it is second-hand and not "new"]