In the absence of any term or condition a court would look upon either caselaw or what is reasonable.
If this were a 12 month warranty then the goods are warranted for 12 months to be free of defects. In order to warrant the goods for 12 months, if they break after say, 3 months, the replacement item would carry 9 months warranty, to complete the warrant for the 12 months.
In this particular case the effect is very similar. There is a 14 day return policy and you have availed of that. If it applied to replacement goods, (ignoring the extra money you paid) you could keep taking the item back every 14 days and taking out a replacement ad infinitum and have a new watch for life.
You have three sales invoices but regardless of what they say, they are actually receipts for the money. This is not a case that I would go to court, if you were minded to go that far, with any hope of success. I’m sorry, I wish I could give you a more favourable answer.
Can I clarify anything for you?
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I can’t guarantee it would fail. However in my opinion I don’t think that you have a good claim. Whether it’s worthwhile going to court or not will depend on the value of the watch.
What I’m saying is that if what you wanted to happen was the case, you could change the watch every 14 days for life which is not what the court would order.
If you had returned to the original what within the specified period, and asked for a refund, they would have obviously had to refund you.
However you have now had watches for much longer than that albeit they are different ones and what you would in effect be doing is now asking for a refund after 1 month. Using the argument that you want to succeed, you would still be entitled to a refund in another 12 months if you exchange the watch every 14 days.
If you were told something different and you were told that a new 14 day period applied to each watch, it would be for you to argue that with the shop, in court if necessary, if it got that far, if they deny it.
I think that the website terms and conditions are incomplete and don’t actually cover this scenario rather than limited. That seems more likely.
I’m not convinced that not providing the warranty card and not recognising the serial number of the watch leads to it not sold as advertised but that’s a different issue from returning it under the 14 day period which the jeweller offers. You don’t have a statutory 14 days to cancel unless it’s a distance sale.
If they didn’t issue the warranty card, they can do now, but a warranty card is worthless unless it provides more rights than your statutory rights such as a 2 or 3 or 5 year of warranty. If the serial number is ***** serial number not recognised by the manufacturer then clearly it is not as advertised because it’s not genuine.
Regardless even if it is not as advertised and the jeweller will not refund, you have no alternative but to take into court and hope that they pay up if proceedings are issued. There is no remedy other than court or the threat of court to make a reluctant dealer refund or replace.