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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10248
Experience:  I have been practising for 30 years.
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I would like to know my consumer rights i purchased a watch

Customer Question

Hi i would like to know my consumer rights
i purchased a watch on 17 may form a jeweller. the Jeweller offers a 14 day returns policy stated on its website.
On the 20 May I exchnaged the watch in the same jewellery store for another adding some money on top to cover the price difference.
Then on the 11 June and again changed the new watch for another at the same jeweller addicting money on top for the price difference. each time i received a new sales invoices dated the same day of trade.
I now want to return the new watch but the jeweller is saying the 14 day policy expired as it only related to the first purchase i.e. watch bought 17 May.
Question; do i have a right to return/exchange the new watch as i was under the impression the third purchase was a new sale and subject to the T&Cs i.e. 14 return policy. I was also verbally told by the sales assistant i could return it.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Ive contacted them and they are saying because I've exchanged 3 watches in one month they wont accept the third watch back however each time i received a new sales invoice with a new date on it and a new warranty beginning from the trade date. i also queried the authenticity of the documentation provided with the watch. the contacted the company stated on the warranty card and they advised me they didn't recognise the watch serial number and also wouldn't provided a warranty card without a date on it and this card has no date
Expert:  F E Smith replied 1 year ago.

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?

Please don’t forget to use the rating service to rate positive even though it’s not the answer you wanted. It’s an important part of the process so that experts get paid.

Best wishes.


Customer: replied 1 year ago.
I am very confused by your answer. you say if it went to court it would fail? but then you way i have stuck to the 14 day rule and could in theory exchange the watch every 14 days for life?
I just want to know if i have a right to a refund given that i bought the watch on the 11 June 2016 and it is still (in my opinion) in 14 return policy period? they say the 14 day begun with the watch bought on the 17 may. i say i was then misinformed as i was told that the 14 day will start from the day i bought the watch on the 11 June 2016
Expert:  F E Smith replied 1 year ago.

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.

Customer: replied 1 year ago.
i was told i have 14 days to return the watch even though it was the third exchange. the seller is now disputing that. the website T&Cs are very limited. under Returns it only says refunds will be granted on returns within 14 days subject to condition. There is no mention of exchanges being included in that. surely the invoice is subject to T&Cs from that date too.
am i not covered in some way by consumer act?
Customer: replied 1 year ago.
sorry and to add, the jeweller the watch was originally sourced from does not recognise the serial number and has said they didn't issue the warranty card that came with it so now we have a case of the watch being mis sold. surely i have a case to say the watch is not sold as advertised?
Expert:  F E Smith replied 1 year ago.

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.