Consumer rights question
Discussion
I'm hoping someone on here can advise me on an on going issue I am having. I bought my wife a quality watch for her birthday last July, she only wears it occasionally but noticed it was gaining time, so took it back to the retailer who sent it away for repair just before xmas. Five weeks later the watch comes back but it continues to gain time so the retailer puts the watch on test and accepts that it's outside of tolerance and further accepts (in writing) that under our consumer rights we are entitled to a refund or replacement. However, they point out that they are entitled to send the watch back to the manufacturer for testing, which we agree to as I want to be reasonable.
The manufacturer has agreed that the watch is still out of tolerance and wants to repair it again, I've lost faith in the brand and the retailer and now just want my money back and believe I am entitled to demand a refund under my consumer rights, anyone know what my rights are or who I can turn to for advice?
The manufacturer has agreed that the watch is still out of tolerance and wants to repair it again, I've lost faith in the brand and the retailer and now just want my money back and believe I am entitled to demand a refund under my consumer rights, anyone know what my rights are or who I can turn to for advice?
Blue62 said:
I'm hoping someone on here can advise me on an on going issue I am having. I bought my wife a quality watch for her birthday last July, she only wears it occasionally but noticed it was gaining time, so took it back to the retailer who sent it away for repair just before xmas. Five weeks later the watch comes back but it continues to gain time so the retailer puts the watch on test and accepts that it's outside of tolerance and further accepts (in writing) that under our consumer rights we are entitled to a refund or replacement. However, they point out that they are entitled to send the watch back to the manufacturer for testing, which we agree to as I want to be reasonable.
The manufacturer has agreed that the watch is still out of tolerance and wants to repair it again, I've lost faith in the brand and the retailer and now just want my money back and believe I am entitled to demand a refund under my consumer rights, anyone know what my rights are or who I can turn to for advice?
Citizens advice consumer helpline for advice - see their website alsoThe manufacturer has agreed that the watch is still out of tolerance and wants to repair it again, I've lost faith in the brand and the retailer and now just want my money back and believe I am entitled to demand a refund under my consumer rights, anyone know what my rights are or who I can turn to for advice?
The Consumer Rights Act states that you don't have to accept a repair it if causes significant inconvenience.
bear in mind ultimately you would have to take the retailer to the court so is it worth the aggro than to wait a bit more.
I believe it’s 1 opportunity at repair and the you are entitled to a refund so just make it clear you have lost trust and wish to be refunded, given the fault was reported and accepted within the first 6 months it shouldn't be too much of an argument
Edited by andburg on Monday 23 May 19:45
andburg said:
I believe it’s 1 opportunity at repair and the you are entitled to a refund so just make it clear you have lost trust and wish to be refunded .
This, but don't mention 'lost trust' just stick to the cold hard facts. The fault appeared within 6 months.
The vendor has been given one chance to repair the watch but has failed.
You are entitled to a refund under the CRA 2015 and you now insist on this
You pursue the retailer, not the manufacturer
MustangGT said:
The retailer seems to have been perfectly reasonable so I would not 'lose trust' in them. As others have pointed out it is indeed refund, or replacement, time.
I've no axe to grind, but the retailer agreed that the watch continued to operate 'outside of tolerance' after the first repair but wanted to have it assessed by the manufacturer, while accepting my rights to a refund or exchange. They are now telling me that the manufacturer wants another opportunity to repair and offering me nothing other than to keep me informed, I don't actually believe they are now behaving reasonably at all. My wife doesn't want 'that watch' now which is fair enough, she's been without it for over 11 weeks since purchase 10 months ago. I think we have been reasonable and tolerant under the circumstances, I've asked the retailer why they are going against their own advice regarding the CRA and await their response. As always, grateful for all responses and input, this place is a great resource and I appreciate people making the effort to help. Thanks
Mojooo said:
Citizens advice consumer helpline for advice - see their website also
The Consumer Rights Act states that you don't have to accept a repair it if causes significant inconvenience.
bear in mind ultimately you would have to take the retailer to the court so is it worth the aggro than to wait a bit more.
It’d be difficult to argue that being without a watch is ‘significant inconvenience’ - I’d imagine that’s more along the lines of ‘being without a wheelchair for 6 weeks while it’s being repaired’. The Consumer Rights Act states that you don't have to accept a repair it if causes significant inconvenience.
bear in mind ultimately you would have to take the retailer to the court so is it worth the aggro than to wait a bit more.
Having to check a phone for the time instead of looking at your wrist isn’t really significant IMO.
mattyprice4004 said:
Mojooo said:
Citizens advice consumer helpline for advice - see their website also
The Consumer Rights Act states that you don't have to accept a repair it if causes significant inconvenience.
bear in mind ultimately you would have to take the retailer to the court so is it worth the aggro than to wait a bit more.
It’d be difficult to argue that being without a watch is ‘significant inconvenience’ - I’d imagine that’s more along the lines of ‘being without a wheelchair for 6 weeks while it’s being repaired’. The Consumer Rights Act states that you don't have to accept a repair it if causes significant inconvenience.
bear in mind ultimately you would have to take the retailer to the court so is it worth the aggro than to wait a bit more.
Having to check a phone for the time instead of looking at your wrist isn’t really significant IMO.
https://www.legislation.gov.uk/ukpga/2015/15/secti...
Blue62 said:
I'm hoping someone on here can advise me on an on going issue I am having. I bought my wife a quality watch for her birthday last July, she only wears it occasionally but noticed it was gaining time, so took it back to the retailer who sent it away for repair just before xmas. Five weeks later the watch comes back but it continues to gain time so the retailer puts the watch on test and accepts that it's outside of tolerance and further accepts (in writing) that under our consumer rights we are entitled to a refund or replacement. However, they point out that they are entitled to send the watch back to the manufacturer for testing, which we agree to as I want to be reasonable.
The manufacturer has agreed that the watch is still out of tolerance and wants to repair it again, I've lost faith in the brand and the retailer and now just want my money back and believe I am entitled to demand a refund under my consumer rights, anyone know what my rights are or who I can turn to for advice?
Out of interest, is this a mechanical watch?The manufacturer has agreed that the watch is still out of tolerance and wants to repair it again, I've lost faith in the brand and the retailer and now just want my money back and believe I am entitled to demand a refund under my consumer rights, anyone know what my rights are or who I can turn to for advice?
Louis Balfour said:
Out of interest, is this a mechanical watch?
It’s an automatic. Quick update is that my email sent last Thursday to ask why they weren’t offering me a refund or replacement, remains unanswered. They are a premium high street chain, whatever happens I won’t go near them once this is over, whatever the outcome. Blue62 said:
Louis Balfour said:
Out of interest, is this a mechanical watch?
It’s an automatic. Quick update is that my email sent last Thursday to ask why they weren’t offering me a refund or replacement, remains unanswered. They are a premium high street chain, whatever happens I won’t go near them once this is over, whatever the outcome. Modern watches mostly have anti-magnetic mainsprings, so they don't run really badly when magnetised, but 30 seconds a day is not uncommon.
On no occasion did the retailer twig what was going on.
If you have a pocket compass you can check for yourself. If the watch moves the compass needle it is magnetised. Demag tools are available cheaply, but magnets are all around us so it will eventually become magnetised again. The JLCs I wear regularly become magnetised REALLY quickly.
Louis Balfour said:
I have had more than one situation in the past when a manufacturer has returned a watch to me and it has been badly magnetised. It was fine when it left them, magnetised on arrival. I have attributed it to Royal Mail equipment.
Modern watches mostly have anti-magnetic mainsprings, so they don't run really badly when magnetised, but 30 seconds a day is not uncommon.
On no occasion did the retailer twig what was going on.
If you have a pocket compass you can check for yourself. If the watch moves the compass needle it is magnetised. Demag tools are available cheaply, but magnets are all around us so it will eventually become magnetised again. The JLCs I wear regularly become magnetised REALLY quickly.
I had problems years ago with a GP, on its third trip to Switzerland it was stolen (along with other items) by someone at Royal Mail! Modern watches mostly have anti-magnetic mainsprings, so they don't run really badly when magnetised, but 30 seconds a day is not uncommon.
On no occasion did the retailer twig what was going on.
If you have a pocket compass you can check for yourself. If the watch moves the compass needle it is magnetised. Demag tools are available cheaply, but magnets are all around us so it will eventually become magnetised again. The JLCs I wear regularly become magnetised REALLY quickly.
The latest technical report states that the watch is gaining 36 seconds per day and shows amplitude is in tolerance and no signs of magnetism. Thanks
Bang goes that theory then!
I am inclined to observe, though, that manufacturers’ service centres can be shocking in regard to what they will send out. They either don’t care or don’t understand what they are doing.
The problem is, each return is likely to be a 2 month affair, isn’t it. I cannot blame you for losing faith.
Perhaps unsurprisingly, the best experience I have had has been with our local prestige watch dealer, when buying secondhand or NOS watches. 7-14 days turn around and right every time.
An aside: The challenges with auto watches is why Lady Balfour has a quartz!
I am inclined to observe, though, that manufacturers’ service centres can be shocking in regard to what they will send out. They either don’t care or don’t understand what they are doing.
The problem is, each return is likely to be a 2 month affair, isn’t it. I cannot blame you for losing faith.
Perhaps unsurprisingly, the best experience I have had has been with our local prestige watch dealer, when buying secondhand or NOS watches. 7-14 days turn around and right every time.
An aside: The challenges with auto watches is why Lady Balfour has a quartz!
Louis Balfour said:
Bang goes that theory then!
I am inclined to observe, though, that manufacturers’ service centres can be shocking in regard to what they will send out. They either don’t care or don’t understand what they are doing.
The problem is, each return is likely to be a 2 month affair, isn’t it. I cannot blame you for losing faith.
Perhaps unsurprisingly, the best experience I have had has been with our local prestige watch dealer, when buying secondhand or NOS watches. 7-14 days turn around and right every time.
An aside: The challenges with auto watches is why Lady Balfour has a quartz!
I agree with all of that although I have an automatic that has been faultless, though I don't wear it everyday. An update this morning is that the manufacturer has offered to replace the movement, I have rejected this and asked for a full refund or new watch, waiting to hear back but I find the retailer's attitude to be unacceptable, hiding behind the manufacturer with little interest in our rights or customer experience, really poor.I am inclined to observe, though, that manufacturers’ service centres can be shocking in regard to what they will send out. They either don’t care or don’t understand what they are doing.
The problem is, each return is likely to be a 2 month affair, isn’t it. I cannot blame you for losing faith.
Perhaps unsurprisingly, the best experience I have had has been with our local prestige watch dealer, when buying secondhand or NOS watches. 7-14 days turn around and right every time.
An aside: The challenges with auto watches is why Lady Balfour has a quartz!
Blue62 said:
Louis Balfour said:
Bang goes that theory then!
I am inclined to observe, though, that manufacturers’ service centres can be shocking in regard to what they will send out. They either don’t care or don’t understand what they are doing.
The problem is, each return is likely to be a 2 month affair, isn’t it. I cannot blame you for losing faith.
Perhaps unsurprisingly, the best experience I have had has been with our local prestige watch dealer, when buying secondhand or NOS watches. 7-14 days turn around and right every time.
An aside: The challenges with auto watches is why Lady Balfour has a quartz!
I agree with all of that although I have an automatic that has been faultless, though I don't wear it everyday. An update this morning is that the manufacturer has offered to replace the movement, I have rejected this and asked for a full refund or new watch, waiting to hear back but I find the retailer's attitude to be unacceptable, hiding behind the manufacturer with little interest in our rights or customer experience, really poor.I am inclined to observe, though, that manufacturers’ service centres can be shocking in regard to what they will send out. They either don’t care or don’t understand what they are doing.
The problem is, each return is likely to be a 2 month affair, isn’t it. I cannot blame you for losing faith.
Perhaps unsurprisingly, the best experience I have had has been with our local prestige watch dealer, when buying secondhand or NOS watches. 7-14 days turn around and right every time.
An aside: The challenges with auto watches is why Lady Balfour has a quartz!
Furthermore, as you say, this is the retailer’s problem.
Stick at it OP
You agreed that the retailer could send it back to the manufacturer for testing. Those tests showed that after the first repair the watch was still faulty.
You did not - and are not obliged to - agree to a 2nd repair attempt and you now insist on a full refund from the retailer.
You agreed that the retailer could send it back to the manufacturer for testing. Those tests showed that after the first repair the watch was still faulty.
You did not - and are not obliged to - agree to a 2nd repair attempt and you now insist on a full refund from the retailer.
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