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Two points:-
1, Inherent defect if it breaks within the time frame you describe it must be faulty at time of sale so shop in breach of their contract with you so full refund to you .
2, Fitness for purpose, if it breaks in that time frame in circumstaces other than catastophic accident then it was nevr the posh watch they said so not fit for purpose shop in breach of sales of goods act you get full refund from shop . Shop uses contract law and sales of goods act to case manufacturer to recover their loss.
The Hustler takes a hustlers view of resonable time, the shop keeper dictates reasonable time with as much authority as a mugger choses how much to take from your wallet.
My qualification i got a first prize in a consumer law competition as a law student.
was the utter ignorance or misrepresentation of the SGA by some retailers.
... combined with the fact that their so-called 'training courses' pump this crap into the heads of their new staff, who will know no better!
My younger daughter is an administrator at BHS and the amount of shite that they are told is staggering!
In a nutshell, here's my interpretation:-
Any buying or selling is a form of contract.
On one side, we have the 'known and certain entity' of (say) £50. More than £49.99, less than £50.01. No variation and the fact that it's ten used or brand new fivers, it doesn't matter. Always worth exactly fifty quid.
On the other side, we have the supply of service or goods, not necessarily known or certain. Poor product or poor service means that it may not be worth the amount of your known and certain £50. If so, within the terms of the 1979 Act (which exists for this purpose), you have a right to cancel the contract, reject the item/service and either re-negotiate a price (usually for services supplied) or get your money back for goods supplied.
Ask them this - had they told you that there was a chance that the watch would pack up after less than 3 months and then asked you if you still wanted it for what you paid, do they think that you would have agreed?
They are messing you about, not because they'll lose the value of the item (see my first post - they'll just return to supplier), but because they'll lose their profit / mark-up on the item.
Keep on top of these twunts!
.....oh, and FWIW, I'm Practice Manager at two law firms in outer London.
They owe you a new watch.....
... or your money back - it's your choice!
OMG after all this tooing and froing am I reading right that you bought this off the net?
If so none of the above may apply as the website may not be UK registered.............
OMG after all this tooing and froing am I reading right that you bought this off the net?If so none of the above may apply as the website may not be UK registered.............
If so, may be a whole new ball game.
If the Internet seller is UK based, you'd have the same rights as if you'd have bought it in a shop but if he's a private seller or based abroad, you'll have an uphill struggle.
If eBay, lodge a dispute with PayPal, assuming that is how you paid for it.
It's a UK company, based in Nantwich I think, paid by card.
Got a full refund this afternoon, Their 'fanatical service' shone through.
Thanks again for the advice. 😀
That's 'fanatical' as in 'suicidal' non? 😀
Great to hear there is a happy ending to all this.