Faulty watch

[Sky]

Hi - I wonder if anyone has any helpful views. I bought what was to me an expensive watch last November- nearly £400 - from a local jewellers, wtih 1 year guarantee. By March it was developing faults (winder popping out, slowing, stopping/starting spontaneously). Due to circumstances we didn't get it back to the shop until about May. Were told it would be 2 weeks. 4weeks later and no response we called the shop who said it had gone to the manufacturers. We asked about a refund, due to the high price, low quality and lack of service but were pointed at the guarantee. We called the manufacturers who said what a great watch it was, that they would replace it with a "stock" watch and seemed not to be too concerned about our bad experience. We finally received (after about 6 weeks total) what was termed as "effectively a new watch", as the manufacturer has replaced the mechanism (not strap/casing). A month later it started to loose time. We demanded a refund from the jewellers who refused and insisted on keeping it for a week to determine IF there was a problem. They didn't believe us (what did they think we were doing?) and there was no customer service. Short of writing a letter of complaint, is there anything else we can do?

 

[ALewis]

Well firstly let me mention that you are now creeping up to being out of time...
So first things first. get in touch with both the jewellers and the manufacturers regarding your complaint, send these letters signed for, (for your own proof) .

Next step, wait for a reply, if no reply, go to the jewellers in person, or make a phone call, and demand your refund under the Sale of Goods Act whereby the watch is not fit for use (as it loses time).
If a refund is given, great...
if not, you need to find out why, the jewellers cannot simply fob you off telling you that you need to contact the manufacturers, as your contract is with the jewellers, not the manufacturers,
you should get your refund off the jewellers, albeit, you may receive a partial refund to deduct the time that the watch was of working order.
Please note however, as the watch has been repaired by the manufacturer, this does not entitle you to a new 12 month warranty. the warranty you have got is the warranty you purchased when purchasing the watch..

i.e the time left on the 'old' warranty, is the warranty that still remains, so you're running short of time here, 3-4 months left.

If however the jewellers still refuse to give you a refund, let them know that you will be in contact with your local trading standards team, who will send the jewellers a letter with regards to giving you a refund. (and then obviously go and contact your local trading standards)

Adam

 

[RRR]

The manufacturer's warranty is provided in addition to your statutory rights and doesn't limit them. Your statutory rights include the right that the product be fit for purpose and last for a reasonable length of time. It's clearly not reasonable that a £400 watch break anything like as quickly as it has.

Have a look at the Office of Fair Trading's Sale of Goods Act Hub (I can't post links so just google OFT Sale of Goods Act hub) which will set out what your rights are.

The OFT's SOGA hub is intended primarily as a resource for businesses so once you've found the bits that help you tell the company where to look so they can see what their obligations are.

I did this a few weeks ago with the Carphone Warehouse and after they looked at that site I got them to change from insisting that they didn't owe me anything to apologising profusely and posting me a cheque for a full refund.

 

[CaylinBr]

As far as I know you don't have to contact with the manufacturer, the jewellers are the one who are in charge in this case. You are protected by customer law which means you can opt for a total refund if goods you bought do not work properly as they have to, or a partial refund if the goods work partially. Both cases jewellers are the one in charge. If the jewellers refuse to refund the money, well, met them in court, I am pretty sure you will win this case and will get a solid compensation for your headache