Morning All,
I wonder if anyone can help me out in regards my rights in obtaining a refund for a product of which is not 'fit for purpose' / poor quality for the price paid.
Point in case: I bought a Traser P6506 from Heinnie Haynes in November of last year, and subsequent 'broke' it by over-tightening the crown.
I contacted Traser directly straight away, who were great about it - I sent it back and had it returned in a matter all days all fixed. After having it back for a matter of minutes however, I managed to do the same thing again.
Whilst it's not the most expensive watch, I'm not very happy with the fact that over-tightening the crown is so easy to do, so contacted Heinnie and said I wanted my money back due to the quality not being in-line with how much money I paid for the item (£375 - I know this is a lot, but I'm inpatient and couldn't find one anyone else!). Their response was that if I send it back, they'll have it repaired, but a refund is out of the question as it's been over 30x days. After a bit of back and forth, they've refused to budge, so I've sent it back for repair. They've now had it since the start of January, and I'm still awaiting the watch back.
Before I chuck it on Sales Corner / eBay with a bad taste in my mouth and lose a significant amount of money on it, does anyone know if I have any rights? I initially tried my credit card, but unfortunately I paid via paypal - so have shot myself in the foot with that one.
Any help would be greatly appreciated.
Cheers, Paul
Your only course for comeback is from the perspective that it is indeed not fit-for-purpose. You either need to prove this in a way that would stand up in court (difficult), or just keep being a pest and re-iterating 'not fit for purpose' over and over so they know you're not going to go away. Citizen's Advice/Trading Standards can actually back you up with the relevant legislation if needed.
Presumably you would be entirely honest and up front about the problems experienced?Originally Posted by paulyg
How do you overtighten a crown anyway? Surely it just stops when the end of the thread is reached? How are you tightening it?
This, ^^^^ its a watch crown, not a 'well-head valve', is the OP Red Adair?
Sorry OP nothing personal intended.
"Once is happenstance. Twice is coincidence. The third time it's enemy action."
'Populism, the last refuge of a Tory scoundrel'.
Screw down crowns don't need to be 'tightened'. Once you reach the end of the thread and feel any pressure at all you stop. Nothing further is needed. Water tightness is provided by the stem seals, not be being tightened against the case.
I think I'd be found out pretty quick if I wasn't entirely honest and up front! ;) (hence why I'm not expecting to get back what I paid for it)
Well, this is what I thought! I'm only tightening it up (as I have done every other watch I've ever had) using my (somewhat girly!) fingers... perhaps the fact they've had it for a little longer now indicates they're actually fixing an issue / are going to send me a replacement...
I think this is most likely the case (I'm being too heavy handed)... however I've never managed to do this on any other watch I've had.
HH is usually exemplary when it comes to customer service. The first issue is that you didn’t go through them in the first place. The second being the 30 days.
Have you tried contacting Traser like the first time?
'Against stupidity, the gods themselves struggle in vain' - Schiller.
I can't fault HH tbh - they've not done anything wrong as such, and I fully expect to receive the watch back from them fixed under warranty in due course.
My question was more as to the point of if anyone has managed to get a refund in a similar circumstance - that being I don't feel the watch justifies the price tag (which I know is somewhat subjective)
Consumer rights 6months the onus is on the retailer to prove not fit for purpose. Small claims?
If you paid by PayPal, then you have 180 days in which to raise a SNAD claim.
What's a SNAD and why do you always post in navy blue text ? Just curious on both counts
A SNAD is a "Significantly Not As Described" claim. (The other abbreviation you may come across is INR - "Item Not Received").
Why would the retailer be trying to prove not fit for purpose?
It’s not their claim, it’s the customers claim, so surely the onus is on him to prove what he is claiming?
I’m thinking that because you’re being a little heavy handed does not mean the watch is not ‘fit for purpose’?
Does it tell the time? Yes, so it is fit for purpose.
In that case he could try "not of merchantable quality".
It is up to you to prove the good were faulty, usually through getting some independent report of a manufacturing flaw in your item. Without this it is difficult to prove you did not break it yourself. Companies frequently give goodwill refunds, but if they believe it was consumer damaged are happy to run the risk or poor publicity, small claims with your independent report is really your only option.
Cause it’s in consumer rights act.
“If you discover the fault within the first six months after buying the product, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.
If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction - if you wish to keep the product.”
But that’s not what you said, which is what confused me.
Perhaps you meant it was up to the retailer to prove fit for purpose, as opposed to not fit for purpose.
Maybe a typo.
Thanks for all the input everyone. I think when I get it back I'll just bung it up for sale with a full explanation of the story so far... I can see taking it further being more hassle than it's worth at this point.
(I did speak to PayPal about opening a dispute, however they said the seller can simply disagree, and the case will be closed down after X days. It didn't sound like the best process!!)
I've had the P6506 Commander for years, with no problems - and I have set the time and worn swimming on numerous occasions. I can only assume yours is faulty (and not fixed at 1st attempt) or you have immense finger strength. I'm interested to see if they fix it 2nd time around.
refund received!
So I reached out HH to see check the status of my return (as they'd had the watch for repair for quite some time), and got a response from the Sales Manager to advise the chap I'd been dealing with previously is out of the office, and he's arranged a refund for me as the situation was dragging on. Sorted!
Sorted! - that's an excellent outcome - is it worth a 'Hero' post over in H&V for the retailer? Glad it worked out in as you wanted in the end, but unfortunate you had a bad experience.
Martyn
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