What are my options on faulty watch

Trampas · 30-08-2022 6:47pm #1

I bought a Garmin watch in April 2020 for €500+ not sure if price is relevant.

Recently I noticed the altimeter was acting up where every time it would log I would go up a hill whenever I started an activity even when the gps picked up. This is going back more than 6 months. I’ve contacted Garmin about it but after 2 years.

The other week it start triggering incident detection and it would turn the watch off. Only way to turn it back on was to plug it in and hit power button. Remove the power cable it would do the same thing and turn off. I can’t even turn it on now

Logged a new incident with Garmin and they’ve responded with “It is extremely unfortunate that your device has been received faulty and this is not something we find acceptable. This is something that has been flagged up for further investigation to ensure we avoid such instances in the future. “

They’ve offered me a refurbished replacement as they say it is out of warranty for €150.

They’ve not offered to try and fix or even look at the watch. This is the only option. I understand they can do either of the three r’s.

Can I press them on warranty as they’ve not said that I’ve a 1 year warranty but like a lot of manufacturers they use the 1 year warranty.

Is the charge on a replacement the best I can expect?

Is it worth going down the small claims route?

Thanks for reading

whiterebel · 30-08-2022 8:27pm

Did you buy it from Garmin, or elsewhere?

Trampas · 31-08-2022 7:03am

https://www.boards.ie/discussion/comment/119544581#Comment_119544581

Sorry didn’t include that. I bought directly from them

Xterminator · 31-08-2022 7:45pm

If you need more help

If you cannot resolve the problem yourself, contact the following consumer bodies for advice and support:

Disputes about an Irish-based trader: Contact the Competition and Consumer Protection Commission (CCPC)
Disputes with a trader based in another EU country: Contact the European Consumer Centre (ECC) Ireland

from https://www.citizensinformation.ie/en/consumer/shopping/repairs_replacements_and_refunds.html#l24365

might end up dealing with garmin UK. Im not sure. Even there you have consumer law on your side, thought not EU law.

stick to your guns and escalate this higher. tell them you have consumer rights and their policies do not overrule your consumer rights. determin if your dealing with garmin ireland or garmin uk. check your invoice.

Trampas · 31-08-2022 8:27pm

https://www.boards.ie/discussion/comment/119549883#Comment_119549883

Garmin Europe Ltd

PO Box 392

Southampton SO40 0FW

United Kingdom

as far as I remember it shipped from Netherlands. Eindhoven I believe

I’ll give the ccpc a call again. Rang on Friday and nobody was answering

Trampas · 02-09-2022 12:17pm

Ccpc advise that I’d be covered under Canada law and not Ireland or EU. Didn’t give much confidence as I could appeal to UK but from Ireland or EU side I’ve no support.

One of them better to buy in a shop down the road than direct online.

byte · 02-09-2022 10:23pm

Can I press them on warranty as they’ve not said that I’ve a 1 year warranty but like a lot of manufacturers they use the 1 year warranty.

Workmate's bezel fell off his ~18 month old Garmin today and after contacting them, they're replacing it. It seems, according to him, that Garmin have a 2 year warranty here, though only 1 year in UK.

Not much good to you in this instance, of course.

Akrasia · 02-09-2022 10:31pm

The warranty doesn't matter. A 500 euro watch that doesn't last 2 years is not of merchantable quality and if you take them to the small claims court you'll probably win.

Unless you've been using the watch improperly and caused it to fail through misuse, then your case is sound

I wish more people used this mechanism as most of these warranties are used as a way to avoid consumer rights rather and are a trojan horse

walterking · 03-09-2022 1:27pm

https://www.boards.ie/discussion/comment/119559154#Comment_119559154

The problem with the ccpc is that they will just give general information and in many instances this information is wrong.

The only place you go to is the terms and conditions of the website you bought from - you would have clicked a box accepting these terms and conditions.

These terms and condition have plenty of information and are generally easy to find and easy to read. They are also binding. And if you read the garmin terms and conditions they give you the information you need...

"f you are a consumer and have your habitual residence in the EU, the law of your place of residence shall apply to any dispute under these Terms & Conditions. In such a case, you may bring a claim to enforce your consumer protection rights in connection with these Terms in the EU country in which you live. "

Basically, they accept that the Irish sale of goods act applies if you live here. That allows for up to 6 years to make a claim subject to the issue being something that was caused by a manufacturing defect. That they are offering a refurbed model for €150 suggests that they accept there is an issue.

So ask for a final answer, if negative response start scc proceedings

Trampas · 03-09-2022 1:34pm

I’m going to go down the small claims route. Garmin have said 2 year warranty and tough. I need a new watch now so I guess I’ll have to buy something and hope for the best on my €25 investment on scc.

I’ll keep you all updated. Thanks for your help and advice

walterking · 03-09-2022 1:42pm

https://www.boards.ie/discussion/comment/119564573#Comment_119564573

you need to exhaust every possibility with them first.

So point out to them that their own terms and conditions give priority to the consumer rights of the EU country the customer lives in - this case Ireland.

As there is a period of up to 6 years to claim on a manufacturing defect you hope that garmin would adhere to this and ask for them to confirm they will do so.

"If your answer is negative to this I will proceed to enter a Small claims action in relation to this issue"

Its as simple as writing similar to above. No dramatics. Simple, to the point and it will almost certainly be resolved.

Trampas · 03-09-2022 2:06pm

Thanks for that.

Lets say they offer a free replacement should that be a new or is a refurbished one be treated in scc eyes as acceptable?

They still sell this version of watch but they’ve a newer version is out. So it wouldn’t be a case of sorry we don’t make that version anymore

walterking · 04-09-2022 7:43pm

https://www.boards.ie/discussion/comment/119564791#Comment_119564791

A refurbished one would be acceptable.

If you won at the scc, they would deduct for use already had, so probably deduct about €150-€200

I'd take a manufacturer refurbished replacement and SCC would probably say that was a fair offer

Trampas · 06-09-2022 3:09pm

Email was sent on Sunday and nothing back since. They’ve usually been quick to reply. Not sure if that’s good or bad. At least I know that it’s be acceptable. Probably get an email now

thanks again

greenspurs · 28-09-2022 12:42pm

I had issue with a garmin watch, it just went blank. A forerunner35.

I informed them, sent it to them and they sent me a new one. No charge.

What are my options on faulty watch

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If you need more help