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23 Sep 19, 11:12 AM |
#1
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slightly serious Dibber
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Fossil Smartwatch - Sales of Goods Act (Updated, refund issued)
A few months ago I bought a second hand Fossil Smartwatch off ebay. the watch was supplied with full documentation (ie original receipt) and after a few weeks the back dropped off. I took it back to my local store who sent it away for repair, took well over the quoted period of time to repair it and then stated it was not repairable (so I was given a replacement from store stock). this was 24th July.
Fast forward to last Monday, when after about 30 minutes in the pool on holiday the watch suddenly stops working. I put it on its charger thinking it was flat and when went to get it off the charger the back had detached and was actually full of water. Fossils Social media team have been useless, they don't answer tweets/FB psosts and don't reply to the DM's they ask you to send. Ive tried calling their customer care numbers and the call goes through to a voice mailbox after several hold loops. Today I've gone into my local store again, who state that they only send things for repair and dont offer refunds. When challenged on this they then stated that they didn't have the authority to do anything but submit for repair and there was no manager in until tomorrow. Can anyone just confirm I'm thinking along the right lines with regards the Consumer Rights Act. and that is ... ... the goods are not of satisfactory quality, two separate items have failed in the same manner within warranty period, one within six months, the second within 2 months. The item is sold as "swimproof" yet has failed while in the water (well within the quoted waterproof rating) and is therefore not either fit for purpose or lasted for a reasonable amount of time Edited at 01:36 PM. |
23 Sep 19, 11:15 AM |
#2
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VIP Dibber
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Sorry can't help with your issue but DD has recently bought a fossil smartwatch. I'll tell her to make sure she hangs on to her receipt. Good luck getting this sorted.
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23 Sep 19, 12:02 PM |
#3
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Imagineer
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If they have already repaired or replaced the item and the item fails again then the following (from here) applies:
"The remedies fail if, after just one attempt at repair or replacement, the goods still do not meet the necessary requirements. The consumer does not have to give the trader multiple opportunities to repair or replace, although they can do so if they wish. The remedies also fail if they are not provided within a reasonable time and without causing significant inconvenience to the consumer. In either case, where repair or replacement fail, the consumer is entitled to further repairs or replacements, or they can claim a price reduction or the right to reject. The same rule applies if both repair and replacement are impossible or disproportionate from the outset". Also, see section 24(5)(a) of the Consumer Rights Act, here: legislation.gov.uk/ukpga/...ion/24/enacted Therefore you have to right to reject the item and claim a refund under section 24(5) of the Consumer Rights Act 2015.
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23 Sep 19, 12:36 PM |
#4
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Thread Starter
slightly serious Dibber
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Thanks, had a call about 20 minutes ago and the assistant manager agreed a refund. Just got 249.99 back and only paid £160 for it on ebay. Now to sell the spare straps and chargers
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23 Sep 19, 12:45 PM |
#5
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Imagineer
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They should refund you, although the fact that you bought second hand in the first place may complicate things as usually warranties etc are non-transferable.
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