Faulty watch

harr

Hi
Hope someone can give me some clarity. I purchased a fitness watch on line form a high street retailer and I set it up yesterday and I noticed an important function didn’t work out of the box. I contacted garmin and they told me to update it and I did but problem still exists. Garmin then instructed me to return it to a branch of the retailer for replacement. Before returning the watch I rang the companies customers service who also said to bring watch into a shop. Now the nearest shop is about 50km away. So today I returned watch for replacement and the manager refused as he said I had worn it and the best he could do was send it off for repair and I said I wanted a replacement as the watch wasn’t working again he said all he could do was get it fixed. I have used garmin watches for a good number of years with no issue.
I even demonstrate the fault and the way the watch is now is useless for what I want it for .. so am I entitled to a replacement.
Thanks

28064212

Under your consumer rights, you are entitled to a repair, refund or replacement, but generally the shop gets to choose which. Even if there were circumstances which meant you might be entitled to a replacement instead (and it doesn't sound like it in this case), you'd likely have to go to court (or at least threaten it) to get them to comply.

However, you shouldn't have to go to a store for this, although it may end up being more convenient in some cases. If you bought it online, the retailer has to cover returns of faulty items, including postage.

Your other option is to go direct to Garmin, and claim under your warranty, assuming you have one. If you use this approach, you (and they) are bound by the exact terms of the warranty, which may well include a right for them to attempt a repair first

Xterminator

Hi OP

for clarity the shop has to offer you one of the 3 r's under the sale and supply of goods act.

repair/replace/refund. any repair has to be permanent eg it cannot break again with same fault. The shop has met it consumer obligations

For online purchases there is also the distance selling regulations. there is a cooling off period, which you may have confused with the above right, this gives you a 14 day period from the day you receive the goods because you did buy online. if the 14 days hasn't expired yet, in that case you are entitled to return the goods but you would be liable for postage costs.

more details here.
https://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

to return the good under distance selling regulation you wouldn't normally contact the branch directly, and the branch manager was correct not to accept if that is store policy, even if it doesn't appear to be great customer service policy.

slave1

I would not accept repair as an option for something that was faulty right out of the box and upon immediate use.
Replacement or refund, either or

Xterminator

slave1 wrote: »

I would not accept repair as an option for something that was faulty right out of the box and upon immediate use.
Replacement or refund, either or

you are not entitled to choose the remedy under current legislation.

harr

Hi
Thanks for the replies, a bit pissed to be honest if shop do insist on repair as then in my eyes it won’t be a brand new watch. As I did purchase on line only last week I might have a chance just to return.
My first point of contact when I got the watch was to contact garmin who in fairness were very easy to deal with. They talked we over a few things to try but it still didn’t work. They sent me an email to give to shop stating that it was more than likely a hardware issue and probably not worth fixing.
I am heading back to store today to see what they can do. Garmin have said I can return watch directly to them and they will check and probably send out a replacement but my first contact should be with the store. Garmin seem to think that because it was unusable right from the get go the store should replace or refund.
Thanks again

BeardySi

harr wrote: »

Garmin seem to think that because it was unusable right from the get go the store should replace or refund.
Thanks again

Under UK law it's an automatic refund if a product is faulty within 30 days. I imagine Garmin are assuming the same applies in Ireland.