Amazon and Garmin Watch

fitzer1982

Long story short, I bought a Garmin Vivoactive HR 2.5 years ago, for the first time ever I took it swimming while on holidays last week. Unfortunately the watch died, I've never had any problems with the watch previously and have had in the shower loads of time. I contacted Garmin because they do have a reputation for fixing outside of warranty but they wanted 100GBP.

I decided to go to Amazon as I feel like the fault was most likely always present in the watch and it only surfaced when I took it swimming. Amazon have politely told me to hit the road and contact the manufacturer. I'm wondering has anyone taken Amazon to the European Small claims court or had any similar experiences?

heffo500

How much is new one? Prime day today might be cheaper today too.

2.5 years is probably a reasonably long enough time too last. I would say it would be hard to prove the fault was always there and hadn't just developed recently.


I ask how much a new one is as this could we a lot of hassle when a new one might not be that expensive.

fitzer1982

I don't Amazon sell them anymore that I can see, they can range anywhere from 150-200 GBP. I honestly don't think 2.5 years is that great for that price range. I've been wearing my G-shock that I bought in 2013 since the Garmin broke, the battery was still working! Maybe my expectations are too high but I expect watches to last a lot longer.

cruizer101

2.5 years for a watch that costs £200 isn't great in my opinion
Its still here on Amazon but not sold directly by them.
Might be worth threatening with small claims court and see what they say

fitzer1982

They just fobbed me off completely, really annoyed me to be honest. I think I might have to actually fill in the form, my understanding is I have to go to the EU small claims court, make sure I get the right Amazon on the claim and then maybe they might start listening when they receive the summons.

Del2005

fitzer1982 wrote: »

They just fobbed me off completely, really annoyed me to be honest. I think I might have to actually fill in the form, my understanding is I have to go to the EU small claims court, make sure I get the right Amazon on the claim and then maybe they might start listening when they receive the summons.

Or they ignore it for a few months and then don't have to worry about it.

There's no EU rights after 2 years so I doubt you'll get anywhere with your claim anyway.

fitzer1982

UK and Irish sale and supply of services act both supersede EU legislation, you have up to 6 years

Del2005

fitzer1982 wrote: »

UK and Irish sale and supply of services act both supersede EU legislation, you have up to 6 years

The Irish Sale of Goods and Supply of Services Act is not relevant to something bought on a UK site.

sweetie

Del2005 wrote: »

The Irish Sale of Goods and Supply of Services Act is not relevant to something bought on a UK site.

it's a Uk site that supplies goods to Ireland, why not?

fitzer1982

Del2005 wrote: »

The Irish Sale of Goods and Supply of Services Act is not relevant to something bought on a UK site.

Thats why I said Irish and UK

average_runner

Amazon only sells them, your issue is with garmin.

All my gramin watches have lasted a long time but there is usually a year warranty and after that you have to pay to have it fix.

Small claims court, you will lose

ytpe2r5bxkn0c1

average_runner wrote: »

Amazon only sells them, your issue is with garmin.

All my gramin watches have lasted a long time but there is usually a year warranty and after that you have to pay to have it fix.

Small claims court, you will lose

The issue is with the seller.

PhilOssophy

Sent a Garmin watch back to Amazon before, they were great to deal with. Now it was only a month or two.
One thing I will say is that Garmin's new stuff is crap compared to the old stuff which was bullet proof.

average_runner

Malcolm Fluffy Repression wrote: »

The issue is with the seller.

The seller is not responsbility for a 2.5 year old product, its the warranty that protects you. Did garmin say what the fault was ?

Amazon will happily give you a new one within a year of purchasing, did that for us a few times.

ytpe2r5bxkn0c1

average_runner wrote: »

The seller is not responsbility for a 2.5 year old product, its the warranty that protects you. Did garmin say what the fault was ?

Amazon will happily give you a new one within a year of purchasing, did that for us a few times.

Sale of Goods protection is via the seller. Warranty means nothing.

fitzer1982

average_runner wrote: »

The seller is not responsbility for a 2.5 year old product, its the warranty that protects you. Did garmin say what the fault was ?

Amazon will happily give you a new one within a year of purchasing, did that for us a few times.

The contract is between you and the seller. Anyone who needs a refresher on the different laws etc:

https://www.irishtimes.com/news/consumer/faulty-goods-know-your-rights-if-things-go-wrong-1.3450322

http://warranty.ie/2016/06/27/your-rights/

And again worth noting sale and supply for UK and Ireland are very similar

average_runner

Malcolm Fluffy Repression wrote: »

Sale of Goods protection is via the seller. Warranty means nothing.

The watch met the Sales of goods protection, its 2.5 years later an issue has an occured.

Would you bring a tv back after it breaks down 6 years later?

fitzer1982

average_runner wrote: »

The watch met the Sales of goods protection, its 2.5 years later an issue has an occured.

Would you bring a tv back after it breaks down 6 years later?

Don't understand your post, you were arguing that it was the manufacturer's responsibility. It was pointed out to you that under sale and supply of services you can bring a case against the seller up to 6 years later.

If your arguing against my actual complaint, then my reasoning is that I never brought it swimming. First time was 2 weeks ago and it broke instantly, my argument is that it was always broken.

average_runner

fitzer1982 wrote: »

The contract is between you and the seller. Anyone who needs a refresher on the different laws etc:

https://www.irishtimes.com/news/consumer/faulty-goods-know-your-rights-if-things-go-wrong-1.3450322

http://warranty.ie/2016/06/27/your-rights/

And again worth noting sale and supply for UK and Ireland are very similar

That's why I asked what did Garmin say. As the consumer can be requested to prove they didn't cause the fault.

Garmin usually fix your watch if there is a fault on their side and provide a great service.

average_runner

fitzer1982 wrote: »

Don't understand your post, you were arguing that it was the manufacturer's responsibility. It was pointed out to you that under sale and supply of services you can bring a case against the seller up to 6 years later.

If your arguing against my actual complaint, then my reasoning is that I never brought it swimming. First time was 2 weeks ago and it broke instantly, my argument is that it was always broken.

Did Garmin agree with you ? If you can get garmin to admit it was faulty not caused by you, then you have a case

fitzer1982

Garmin just said my problem was with Amazon and not them. I researched further and I agree legally it is with Amazon. It's a hard one to prove at this stage. It's a big disappointment because I expected more from Garmin, one of the lads in work had something similar happen and they replaced it without any charges.

Anyway, I opened the watch up myself this morning. The issue was they are sealed with a waterproof glue and it basically wears off after a while. The back button had jammed, I got that out and got it charging. Unfortunately no back button anymore and I doubt it would even be safe in a shower now.

Bet hey at least I can use it running again, until it dies!

average_runner

fitzer1982 wrote: »

Garmin just said my problem was with Amazon and not them. I researched further and I agree legally it is with Amazon. It's a hard one to prove at this stage. It's a big disappointment because I expected more from Garmin, one of the lads in work had something similar happen and they replaced it without any charges.

Anyway, I opened the watch up myself this morning. The issue was they are sealed with a waterproof glue and it basically wears off after a while. The back button had jammed, I got that out and got it charging. Unfortunately no back button anymore and I doubt it would even be safe in a shower now.

Bet hey at least I can use it running again, until it dies!

Once you open those watches up, garmin will leave you on your own

So if garmin saw the seal was broken, they probably think its not their problem and after 6 months(i think) the retailer can request you to prove it wasn't your fault, which is near impossible.

Google the fault also, see if its a known issue, might help you.

fitzer1982

I would have never sent it to them with the watch open. I just decided to have a look and hey presto it's kind of working. I think in the end I could have taken Amazon to small claims and maybe I would have one or lost, probably lost. Disappointing thing was Garmin's responses, you'd hope for a bit better for the money you pay, trust me after looking at this watch, they are not made to last.

Del2005

Malcolm Fluffy Repression wrote: »

Sale of Goods protection is via the seller. Warranty means nothing.

The UK has no sale of goods act and Amazon UK operate under UK law. There's no comeback after 2 years apart from Ireland.

ytpe2r5bxkn0c1

Del2005 wrote: »

The UK has no sale of goods act and Amazon UK operate under UK law. There's no comeback after 2 years apart from Ireland.

Ok, Consumer Rights Act us the UK.

Still offers much the same protection

If a warranty in relation to goods you have bought has run out, this will have no effect on your statutory rights under CRA 2015, meaning a retailer cannot refuse to provide you with a repair simply because the warranty has expired.....Factors such as the price, the specification/model of the goods, the length of time you’ve had the goods and the length of time which they should last will all be considerations.

Both statutes are very similar.