Notices
General Chat This forum is for general topics and chat type threads.

Reply
 
Thread Tools Search this Thread Display Modes
Old 23 Sep 19, 11:12 AM  
Link to this Post
#1
bernard301
slightly serious Dibber
 
bernard301's Avatar
 
Join Date: Mar 17
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.
bernard301 is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 23 Sep 19, 11:15 AM  
Link to this Post
#2
MinniMouse
VIP Dibber
 
MinniMouse's Avatar
 
Join Date: Mar 10

MinniMouse's Reviews
Hotel Reviews: 1
Restaurant Reviews: 1
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.
MinniMouse is offline Girl Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 23 Sep 19, 12:02 PM  
Link to this Post
#3
Nimbus
Imagineer
 
Nimbus's Avatar
 
Join Date: Jul 10
Location: South Manchester

Nimbus's Reviews
Hotel Reviews: 8
Restaurant Reviews: 21

theDIBB Guidebook
Guidebook Photos: 36
Guidebook Reviews: 2
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.
__________________
DLC: Jun 1996 // DLP: Aug 2013 // WDW: Dec 1997 | Feb 2000 | Mar 2001 | Feb 2006 | Oct 2010 | May 2012 | Aug 2014 | Apr 2016 | Apr 2023

~ Trip Report Indexes ~

Edited at 12:03 PM.
Nimbus is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 23 Sep 19, 12:36 PM  
Link to this Post
#4
bernard301
Thread Starter
slightly serious Dibber
 
bernard301's Avatar
 
Join Date: Mar 17
Mobile

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
bernard301 is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Old 23 Sep 19, 12:45 PM  
Link to this Post
#5
bighal
Imagineer
 
bighal's Avatar
 
Join Date: Aug 07
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.
__________________

Next Trip Feb '24
Jun98 Apr99 Dec99 Apr00 Mar03 Jun/Jul04 Dec/Jan05/06 Jul06 Dec06 Jun/Jul08 Jun/Jul09 Jul/Aug11 Sep13 Jun/Jul14 Nov15 Sep16 Villa/BWV May18 Villa/BLT/AKL Sept19 Villa/AKL Feb/Mar20 AKL/SSR Sep22 AKL Apr/May 23 CS/CC/AKL Nov 23 SSR Feb/Mar 24 RR/BR
bighal is offline Boy Mouse Click to view Members Trip Plans Add Member to Ignore List
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Forum Jump


All times are GMT +1. The time now is 08:46 PM.


Powered by vBulletin - Copyright © 2000 - 2024, Jelsoft Enterprises Ltd.
DIBB Savings
AttractionTickets.com

Get £10 off each Disney Ticket with the code ATDIBB10

Get up to £50 off per room at Disney or Universal with the code DIBBHOTELS


theDIBB Blog
One of the the five worlds found in Epic Universe, How to Train Your Dragon... Read More »
Disney announced that a new nighttime show, “Disney Dreams That Soar,” will run nightly at... Read More »
Walt Disney World Resort guests can get ready to have a “glowing’’ good time when... Read More »


theDIBB Menu


Exchange Rates
US Dollar Rates
ASDA  $1.2354
CaxtonFX  $1.2307
Covent Garden FX  $1.2541
FAIRFX  $1.2350
John Lewis  $1.2380
M&S  $1.2178
Sainsburys  $1.2354
TESCO  $1.2364
Travelex  $1.2353
Updated: 19:30 28/03/2024
Euro Rates
ASDA  €1.1447
CaxtonFX  €1.1408
Covent Garden FX  €1.1514
FAIRFX  €1.1432
John Lewis  €1.1457
M&S  €1.1263
Sainsburys  €1.1440
TESCO  €1.1445
Travelex  €1.1435
Updated: 19:30 28/03/2024

DIBB Premium Membership
Did you know you can help support theDIBB with Premium Membership?

Check out this link for more information and benefits, such as...

"No adverts on theDIBB Forums"

Upgrade Now



X