Rejection of a faulty 4 month old watch Anybody done this ?

Rejection of a faulty 4 month old watch Anybody done this ?

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B16JUS

Original Poster:

2,385 posts

236 months

Friday 27th November 2015
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Im after some advice please.

I purchased a brand new £8200 watch on the 26th June 2015

The watch totally stopped working on the 4th November 2015 and was returned to the store on the 7th November 2015

Today I received a phone call to say the parts required will not be available and the watch would not be fixed and back to me until February 2016 !!

After many many years of Rolex im gutted I put my money into this watch.

I do not think its acceptable for a 4 month old watch to just stop working and then to be told I would have to wait 3-4 months for it to be repaired.

Has anybody got any advise on the best way to reject this watch.

Thanks

J

poocherama

396 posts

208 months

Friday 27th November 2015
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I had a similar problem with a JLC Master Chronograph. It broke twice. The first time they repaired It under warranty though I had to kick up a stink on the forum at watchuseek to get it done in a month. It then broke again a few months later. This time they tried to charge me £950 to repair it! I took to the JLC forums once again at watchuseek and kicked up such a fuss I had their head of PR UK call me up to discuss the problem and make amends. I should have asked for a new watch though at that point I just wanted the whole sorry saga sorted. It got repaired in a month.

I think you'll struggle to 'reject' the watch. They're complicated and fragile hence the warranty!

If you let us know the brand it would be useful.

PJ S

10,842 posts

226 months

Saturday 28th November 2015
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Under 6 months, the Consumer Rights Act (formerly Sale of Goods Act 1979, changed on 1st October this year) allows for repair, refund, or replacement – and the onus is on the reseller to prove the watch wasn’t inherently faulty from day one. After six months, it switches to the consumer to prove it was.
Anyway, no need to wait for February to come round, reject and ask for replacement or refund – those are your consumer rights as enshrined by law.
Don’t accept any fobbing off that Rolex (or any other manufacturer, of course) says anything to the contrary, since your contract is with the retailer, not the manufacturer/distributor.

Stand up for, and claim, your consumer rights.

As for how to reject – simply nothing more than stating to the retailer that you are doing so in accordance with and under the CRA, as unsatisfactory quality.
There’ll be plenty of hand-holding advice online when you search SoGA or CRA.

One thing to note is this:
which.co.uk said:
Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.
If the seller doesn't do this, you're entitled to claim either:
• a reduction on the purchase price, or
• your money back, minus an amount for the usage you’ve had of the goods (called recision)
http://www.which.co.uk/consumer-rights/regulation/...
http://www.which.co.uk/consumer-rights/regulation/...

As you can see, there’s no deduction (except with motor vehicles) for period of usage, so the refund should be the full amount paid.

Edited by PJ S on Saturday 28th November 17:08

Magic919

14,126 posts

200 months

Saturday 28th November 2015
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The CRA doesn't apply retrospectively.

B16JUS

Original Poster:

2,385 posts

236 months

Saturday 28th November 2015
quotequote all
Thanks for all your help guys

PJ S

10,842 posts

226 months

Saturday 28th November 2015
quotequote all
Magic919 said:
The CRA doesn't apply retrospectively.
Does it not? That seems a bit odd – but nevertheless, if SoGA is still in effect then, then nothing has changed as far as the OP’s concerned.

GP335i

466 posts

163 months

Saturday 28th November 2015
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Do you mean it's a Rolex that's went bad or a new brand after many faultless years with Rolex?

Mojooo

12,668 posts

179 months

Saturday 28th November 2015
quotequote all
The SOGA works in a staged way and repair/replacement is one step - but if either of those things caused SIGNIFICANT INCONVENIENCE to the consumer then you can ask for a refund taking into account a deduction for use.


PJ S

10,842 posts

226 months

Saturday 28th November 2015
quotequote all
Indeed, but in the context of the OP’s post, 3-4 months delay before it’ll be repaired, is a significant inconvenience due to deprived of usage.
It’d be a short-sighted or hard-nosed retailer that didn’t offer a full refund, if that’s the OP’s preference, but we need to know if the OP’s rejection term is in relation to a refund or a replacement.
If the former, then SoGA is on his side given it’s under 6 months old. If it’s the latter, the retailer might suggest that obtaining a replacement is gong to take almost as long, so he’d be back to asking for the refund to buy from another retailer or changing to another brand altogether.

B16JUS

Original Poster:

2,385 posts

236 months

Saturday 28th November 2015
quotequote all
Its a Hublot

I would prefer a refund as I can then stick to brands I can trust

J

GC8

19,910 posts

189 months

Sunday 29th November 2015
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PJ S said:
Magic919 said:
The CRA doesn't apply retrospectively.
Does it not? That seems a bit odd – but nevertheless, if SoGA is still in effect then, then nothing has changed as far as the OP’s concerned.
It doesn't, but the OP can reject the item based on the projected repair lead time, which is excessive.

PJ S

10,842 posts

226 months

Sunday 29th November 2015
quotequote all
B16JUS said:
Its a Hublot

I would prefer a refund as I can then stick to brands I can trust
That’s a classic case of cutting your nose of to spite your face – if you like the watch, just get a replacement.
Hublot aren’t any more inherently unreliable than any other brand, you’ve just been unfortunate. Still, better to have happened now rather than 4 months after the warranty expired.

Anecdotally, JC Biver (now CEO of TAG Heuer) has been the only CEO ever to personally reply to emails (and over a weekend) to customers who’ve written to him. In one case that I recall someone recanting on one of the forums, he received another 12 months warranty extension.

gvij

363 posts

123 months

Friday 4th December 2015
quotequote all
Whats crazy is not that it broke but that anyone spent nearly 10k on a watch. That comes from someone who also spent around the same and dont wear it as its too much money(wear a 20 quid casio)
Let them fix the watch. Fact is you paid 8k for the passion/brand/retail experiance etc and you used it. Wishing for your money back to buy something else is buyers remorse. Im sure if you ask politely/firmly that you are disappointed in your lovely watch but kindly not asking for a refund at this time but would accept a warranty extension they will extend the warranty for at least another year which is only fair.

bigkeeko

1,370 posts

142 months

Friday 4th December 2015
quotequote all

I went through a similar albeit less expensive experience with an Omega a few years back. The lume from hands had fallen off and went into the movement rendering it inoperable. After a month the watch was returned with new hands, serviced and running. Right on the last month the watch died again. Omega to be fair took the watch again but I'm utterly convinced they replaced the head and put my old bracelet on it but couldn't be sure as mine was `as new` anyway.

I sold the watch soon after while it was running fine.

michael gould

5,691 posts

240 months

Tuesday 8th December 2015
quotequote all
gvij said:
Whats crazy is not that it broke but that anyone spent nearly 10k on a watch. That comes from someone who also spent around the same and dont wear it as its too much money(wear a 20 quid casio)
Let them fix the watch. Fact is you paid 8k for the passion/brand/retail experiance etc and you used it. Wishing for your money back to buy something else is buyers remorse. Im sure if you ask politely/firmly that you are disappointed in your lovely watch but kindly not asking for a refund at this time but would accept a warranty extension they will extend the warranty for at least another year which is only fair.
I have some sympathy with this view ....however if it wasn't for nice chaps like the original poster buying new watches .....poor chaps like me wouldn't be able to pick up the same watch 5 years later at half price

JimmyConwayNW

3,056 posts

124 months

Tuesday 22nd December 2015
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What hublot was it that you had the problem with can I ask ?

JimmyConwayNW

3,056 posts

124 months

Zoon

6,654 posts

120 months

Tuesday 22nd December 2015
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Had a similar problem with an Omega, albeit after two weeks.
Took it back to the dealer and he said the rotor had become dislodged and would need to go back to Omega to be repaired.

I stated I wasn't happy about this and demanded a brand new watch, after a little resistance he agreed and I got a new watch on the spot.

Needless to say the new one has been fine ever since.