Consumer Rights Act 2015 - Retailer refusing to deal - help
Discussion
I'm not great on stuff like this, but I always thought it was the Retailer's responsibility to deal with issues, they have a different opinion.
I bought a smart watch in Oct 2024 (Garmin £400) from a high street retailer in person. The watch has developed a fault, ghosting on the screen, or possibly water under the screen. The retailer agrees there's an issue, but saying I have to contact Garmin direct and it's nothing to do with them. They won't offer to repair, replace or refund and just kept repeating that I had to contact Garmin and deal direct with them under their manufacturers guarantee.
I want them to deal with it under the Consumer Rights Act 2015, but they are refusing. Am I in the wrong? If I'm not, is there anything I can do, other than just deal direct with Garmin?
I bought a smart watch in Oct 2024 (Garmin £400) from a high street retailer in person. The watch has developed a fault, ghosting on the screen, or possibly water under the screen. The retailer agrees there's an issue, but saying I have to contact Garmin direct and it's nothing to do with them. They won't offer to repair, replace or refund and just kept repeating that I had to contact Garmin and deal direct with them under their manufacturers guarantee.
I want them to deal with it under the Consumer Rights Act 2015, but they are refusing. Am I in the wrong? If I'm not, is there anything I can do, other than just deal direct with Garmin?
The fault wasn't visible at purchase. I assume there's a manufacturing fault that's developed into an issue over time. The watch has been well looked after - it's not been swam with, it's not been dropped or bashed, I take it off at night and in the shower. There's not a scratch on it. The fault is below the surface of the screen, so have not idea how I could have caused the issue.
JQ said:
The fault wasn't visible at purchase. I assume there's a manufacturing fault that's developed into an issue over time. The watch has been well looked after - it's not been swam with, it's not been dropped or bashed, I take it off at night and in the shower. There's not a scratch on it. The fault is below the surface of the screen, so have not idea how I could have caused the issue.
That's not the point really though. Over 6 months so you have to prove it was present at the point of sale - which it clearly wasn't (visibly) or you would have reported it before that. Since it is under manufacturer warranty, it will be a lot quicker for you to use it
JQ said:
Am I in the wrong?
No, but it's a common problem. Perhaps all they will do is send it to the manufacturer anyway and just slow the process down, so you can see the reticence but legally the manufacturer has no obligation to you.JQ said:
If I'm not, is there anything I can do, other than just deal direct with Garmin?
Letter before action / chargeback. At the point someone who understands their legal obligation gets involved and the problem disappears.My experience of dealing with Garmin with a faulty Fenix was entirely positive.
Just the actual watch needed returning, and I receive a complete retail package by return, so made some ££ by flogging off the charger, heart rate monitor strap etc on ebay.
This was back in 2015 admittedly!
Just the actual watch needed returning, and I receive a complete retail package by return, so made some ££ by flogging off the charger, heart rate monitor strap etc on ebay.
This was back in 2015 admittedly!
To add to the above, I also had issues with two Garmin products separately inside the warranty period, and dealt direct with Garmin. On both occasions, replacements were sent with no quibble.
Contact Garmin, and in the unlikely event of no joy with them consider further action vs the retailer.
Contact Garmin, and in the unlikely event of no joy with them consider further action vs the retailer.
Edited by Robertb on Monday 12th May 13:52
JQ said:
The fault wasn't visible at purchase. I assume there's a manufacturing fault that's developed into an issue over time. The watch has been well looked after - it's not been swam with, it's not been dropped or bashed, I take it off at night and in the shower. There's not a scratch on it. The fault is below the surface of the screen, so have not idea how I could have caused the issue.
Which suggests that the watch has failed during your usage and was fine upon purchase.So why do you want to pursue through the CRA instead of using the warranty that came with the watch?
If I buy a brand new car that develops a fault over time; I don't use the CRA to return it, I get it fixed by the dealer under the manufacturer warranty.
MustangGT said:
A couple of things.
Your contract is with the supplier, not Garmin.
What guarantee was provided with the product? - If still within the warranty period it is down to the supplier to sort it out.
Sorry this is kind of not correct. Your contract is with the supplier, not Garmin.
What guarantee was provided with the product? - If still within the warranty period it is down to the supplier to sort it out.
Statutory guarantees and warranties are very different.
Under a statutory guarantee, the supplier is legally responsible for resolving faults—typically within six months. Once this period has passed, and if a warranty is in effect, the supplier or manufacturer can impose reasonable conditions on how repairs are handled.
A common condition is that repairs must be assessed by/ approved/ carried out by the manufacturer
Edited by nikaiyo2 on Monday 12th May 16:43
Edited by nikaiyo2 on Monday 12th May 16:44
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