Selfridges! What are my rights?

[ubclass]

Hi all, hope you can find the time to read through my story and shed a bit of advice on the matter.

 

Ok, I bought a U-Boat watch from Selfrdiges, London in November 24th.

The watch features a crown protector as it's a diving watch. But on 18th December, when I tried to unscrew the cap in order to get to the crown to wind up the watch, the whole crown and protector just started to unscrew from the watch caseand I couldn't unscrew the cap.

Here's a pic for reference:

http://www.jurawatches.co.uk/images/products/main/Classico-AS_044.jpg

 

I emailed U-Boat and they said to send it in to get it repaired, and also stated that they would not charge as it was still under warranty.

On Jan 5th, I took it back to Selfridges to be sent back.

I initially complained and wanted a new one or a refund as I'd paid £1000 for the watch, had it less than a month and it had already broken. They said they couldn't refund or replace it because it was past the 14-day period.

So it seemed I had no choice but to send it back to the manufacturer.

 

Today I received a letter from Selfridges quoting me £105 for the repair of the watch, basically, it needs a new crown, and would take a further 3 weeks to repair.

 

What are my rights?

Firstly, I am not happy with the fact that I've paid £1000 for a watch and having it for less than a month (have only wore it 5-6 times) it has already become faulty.

Surely the crown problem is a manufacturers fault.

Fact of the matter is, the watch is more or less brand new and I don't see why I should accept a faulty-fixed watch back. I would like a brand new replacement, or even a refund, or at the very least, to not be liable for this £105 charge!

 

I will go into the store tommorow to discuss this with the manager, but to be honest I don't think they will offer a replacement/refund.

What rights do I have to argue my case with them?

 

Thanks.

[poppynurse]

Reject the watch under the Sale of Goods Act, your contract is with Selfridges not the manufacturer, I would insist on a refund.

[Bookworm]

Like Poppy says.

 

You are rejecting the goods as inherently faulty invoking your statutory rights under SOGA 1979. You have the right to a full refund, and tell them that if they give you anymore of the "14 day period" crap, you'll be straight off to TS to report their breach of SOGA. Then report them anyway because they shouldn't get away with it.

[ScarletPimpernel]

Is the U-Boat watch actually sold by Selfridges, or one of their concessionaires? It may be worth checking.

 

SP

Happy Panerai owner

[ubclass]

Hi all thanks for the replies.

 

I will be visiting the store later today, and will try to speak to someone in charge and demand a replacement or refund and will see what they say, and if I have to bring in the SoGA.

 

Scarletpimpernel: Yes the watch is sold by Selfridges, but under "DM Watches", the wonder room

[ubclass]

Just a little update:

 

I called my local trading standards just now to see where I stood with this, and they basically said that because I went through Selfridges and did not go directly to the manufacturer, I am liable for any charges.

She asked whether I knew the terms of the warranty, to which I replied no. The U-Boat watch does not come with anything which states the terms of the warranty.

 

Furthermore, when I asked whether I could get a replacement/refund or not, she said at this moment in time, it was not possible because 1) Selfridges have already rejected this initially 2) I have already sent in my watch for a repair.

 

Not looking good then. Any thoughts?

[ubclass]

Another update:

I found out the problem.

Basically I decided to call U-Boat directly and question why there was a charge, especially since I received an email stating there would be no charges.

 

They found my details and my watch had been sent in...BUT without the guarantee card. Now at the time of handing in my watch I also gave Selfridges my guarantee card!! So I don't know what they've done with it and why it had not been sent in. This makes me angry because not only because of a damaged one month old watch, but due to their OWN mistakes, they are trying to charge ME for it!!

 

The U-Boat staff was helpful, and said they will get in contact with Selfridges regarding this issue and call me back today.

No doubt that had I not called U-Boat directly, Selfridges would have fobbed me off with "this work is not covered under the warranty terms" crap!

 

Well guess I will just have to wait and see what will happen now.

Will keep this thread updated.

[ubclass]

Another update:

I found out the problem.

Basically I decided to call U-Boat directly and question why there was a charge, especially since I received an email stating there would be no charges.

 

They found my details and my watch had been sent in...BUT without the guarantee card. Now at the time of handing in my watch I also gave Selfridges my guarantee card!! So I don't know what they've done with it and why it had not been sent in. This makes me angry because not only because of a damaged one month old watch, but due to their OWN mistakes, they are trying to charge ME for it!!

 

The U-Boat staff was helpful, and said they will get in contact with Selfridges regarding this issue and call me back today.

No doubt that had I not called U-Boat directly, Selfridges would have fobbed me off with "this work is not covered under the warranty terms" crap!

 

Well guess I will just have to wait and see what will happen now.

Will keep this thread updated.

[Bookworm]

Just a little update:

 

I called my local trading standards just now to see where I stood with this, and they basically said that because I went through Selfridges and did not go directly to the manufacturer, I am liable for any charges.

She asked whether I knew the terms of the warranty, to which I replied no. The U-Boat watch does not come with anything which states the terms of the warranty.

 

Furthermore, when I asked whether I could get a replacement/refund or not, she said at this moment in time, it was not possible because 1) Selfridges have already rejected this initially 2) I have already sent in my watch for a repair.

 

Not looking good then. Any thoughts?

What a load of codswollop! This is exactly the contrary of what your rights are! Your contract is with Selfridges (the retailer), NOT the manufacturer.

 

Furthermore, the fact that you agreed to send it in for repair does NOT diminish your right to reject at a later date.

 

Have a read of this:

 

Trading Standards Central - Consumer Advice Leaflets

 

and you can see for yourself that you were given false information, which is a bit of a worry.

[ubclass]

Thanks for the link Bookworm. I will have a read of it now.

 

U-Boat just called me to say that they spoke to Selfridges, and apparently Selfridges do not have the guarantee card:evil: Yet I had given this to them when I gave them the watch, so obviously they have misplaced it and are trying to make me coudh up for their mistake.

 

Have yet to call Selfridges up myself and speak to them personally though. Very angry with them atm.

[patdavies]

Bear in mind that you don't actually need a guarantee card; just a proof of purchase is sufficient to ensure your SOGA rights,

[gyzmo]

Did you call Trading Standards or Consumer Direct? Any TSO who says something like that does not deserve the office they hold. I would expect it from CD though. Either that or it is a severe misunderstanding

[ubclass]

Did you call Trading Standards or Consumer Direct? Any TSO who says something like that does not deserve the office they hold. I would expect it from CD though. Either that or it is a severe misunderstanding

 

I went onto the Trading Standards website, then typed in my postcode to get my local office.

Got the number and called it.

 

The woman wasn't very helpful tbh and just told me to check that the warranty covers this type of repair. Which is a load of crap if you ask me, since the watch was faulty from the moment I bought it!

Like I said, I tried to ask whether I could demand a replacement under SoGa and like I said, she just said because you've taken the repair option, it's not feasible, furthermore Selfridges also declined from the start this option.

Anyway, I couldn't be bothered to argue with her as didn't see how it would help.

 

As things stand, I have forwarded an image of the receipt for the watch to U-Boat, and awaiting confirmation that it will be fixed under warranty.

 

As for Selfridges, I tried to email them regarding the situation, but the email returned failed. It appears the address they gave me on the letter is not valid (another let down:evil: how many more??!).

[smeddles]

You are totally within your rights to go into Selfridges and demand to see someone of higher authority and explain that the goods are not fit for purpose, you bought the watch due to its special mechanism and this is clearly faulty. You did retun it within a reasonable time, imagine, if you bought a fridge and it was faulty after 3 months you would expect them to replace it or fix it at no cost! You expect a watch costing £1000+ to last more than a month also. Thats why there are consumer programmes telling you not to buy extneded warranties on TVs from Currys and other places because they are expected and it is totally reasonable for you to expect them to last longer than the warranty period!

Good luck, keeo calm but be assertive. Maybe you should write to the Store Manager.

[gyzmo]

Methinks it was CD who spoke to you - most TS now have their numbers diverted to them. And to be honest, I have found CDs advice to be somewhat lacking.

 

A complaint (well, notification) I put to them on DSRs, clearly outlining the legislation and stating it was for info, gained a response that was not even worthy of a foundation SATS test.

 

I cannot imagine a TSO saying that unless they thought you were talking about the warranty. Which TS dept is it (PM me if you dont wanna advertise).

[gyzmo]

Will do a letter for you tomorrow if you like. Satisfaction guaranteed! (well I've never lost a case yet!)

[ubclass]

Will do a letter for you tomorrow if you like. Satisfaction guaranteed! (well I've never lost a case yet!)

 

Yes, would really appreciate that. Thanks.

And also thanks to everyone else for their input, will take onboard all the points made.

 

Well as things stand, I 'll wait till tommorow and see what U-Boat have to say about my email with the photographic attachment of the receipt.

 

Meanwhile, I called Selfridges, and spoke to someone regarding my repair since I couldn't email them.

When I asked why my warranty card wasn't sent to U-Boat with my watch, the person replied that there was no record of a warranty card.

See this is where it becomes confusing, the letter I received yesterday stated that if I did not authorise the repair to the watch then it will be sent back to them and they would keep "the" £25 for admin costs...what £25??! I didn't pay £25 to them. I'm assuming that they charge £25 for those who don't have warranty. But I didn't pay £25, because I handed over my card and was covered by the manufacturer's warranty.

But it seems that they are trying to imply that I didn't give them my warranty card...yet clearly they have misplaced it somehow:evil:

The conversation ended with her saying she would chase it up with U-Boat and that the images should be sufficient enough to prove my purchase.

Did not mention anything about where the card has gone, whether it would be replaced, or even an apology.

[supasnooper]

Put a stop this nonsense now.

 

Do as Bookworm has stated.

 

Contact Selfridges - quote them Sale Of Goods Act 1979 and demand a full refund.

 

There are no ifs or buts in this case - just demand the full refund.

[gyzmo]

Dear Selfridge Manager (or whoever)

 

Following a friend's recommendation, I purchased (description of watch) from your (store) on (date) at a cost of (cost). However, I have found the watch to be faulty in that (description of fault).

 

I am sorely disappointed, given the reputation of yourselves and the watch company, and have hitherto been satisfied with the service you have provided. It seems, however, that you usual high standards have fallen somewhat on this occasion.

 

I returned to your store with the watch to seek a remedy. I was however informed that you could not do so due to your 14 day returns policy. Feeling like I had no choice, I contacted the manufacturer who advised I should return it to you for repair free of charge.

 

I have sent my watch to you and subsequently received a letter stating that you would charge £105. for the repair. On contacting yourselves, I was then informed that you could not locate my watch, which was subsequently found without any manufacturer's card, and that I would be charged £25 anyway.

 

I am sure you can see how disappointed I am. So much so in fact that I have had to seek advice on this matter, hence this letter.

 

It is my contention that the watch does not conform to the contract in that there is a breach of s. 14 of the Sale of Goods Act 1979. I have only used the watch 5 or 6 times, and I do not feel it is of satisfactory quality given the price paid for the item and the description given to it.

 

As the fault is with the crown (or whatever), this is the only opportunity I have had to wind the watch up and to determine whether or not the watch is as described in terms of the requirements of the aforementioned Act. As you can see, it is not.

 

I therefore exercise my statutory right to rescind the contract and require that a full refund be given within the next 14 days. I may have been minded to accept a repair or possibly a replacement, but given the events with this store, I have no confidence that such a repair or replacement will be sufficient.

 

I would draw your attention to the fact that your returns policy is additional to my statutory rights, and any term purporting to restrict such rights are ineffective. Furthermore, the contract is with yourselves as the seller, and not with the manufacturer, and it is yourselves who are responsible for satisfying the terms of the contract, including those implied by the 1979 Act.

 

I trust that you can see how you have not met your usually high standards, and now require, to avoid litigation which shall include but no be limited to costs and compensation, a full refund within the next 14 days.

 

I look forward to you confirmation.

 

Yours, blah blah

 

Check spelling, grammar etc and you will need to insert names, dates. Include copies of correspondence as well as a copy of the picture you have taken. Pop it into the post (use signed for) to head office.

 

Good luck and keep us updated.

[gyzmo]

PS - the TS dept you called does use CD. I am therefore unsurprised at the advice received.

[ubclass]

I had an issue here with Selfridges regarding a watch I had bought from them which broke less than a month later. (please see here for background info http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/179233-selfridges-what-my-rights.html).

 

Ok, well I gave them the benefit of the doubt, they had the watch sent to U-Boat UK and 6 weeks later it was repaired and I had it back.

It seemed fine, I was told it had a new crown fitted.

 

Anyway, this morning when I gently pulled the crown a notch to change the time, the crown just fell out from the watch case again.

 

So to summarise, I paid £1100 for a watch which broke on me within a month.

I took it back to Selfridges and asked for a refund, or new replacement but they said it was over the 14-day period and had to be sent off for repairs.

It seemed like I had no choice and so had it sent off. Was without the watch for almost 6 weeks, and after having the watch back for about 2 weeks since repairs, the same problem has arisen with the crown.

 

I got the watch on Novemeber 24th 2008, it broke on December 18th. Couldn't send it in until after the Christmas period on January 5th 2009.

Got the watch back beginning of February and two and a bit weeks, it has popped again.

 

What are my options?

To be honest, I don't want it repaired again, I paid £1000+ for a watch, surely I shouldn't have to get it repaired a second time within the sapce of three months?!

 

It's not just the hassle of having a broken watch, but the hassle of having to take the time to go into Central London and Selfridges.

I will be going in today to speak to someone, and demand a refund or at the least a NEW replacement.

In my opinion, this watch was faulty from day one.

[raydetinu]

You are covered by SOGA and can quite correctly ask for a full refund, faulty goods and as less than 6 months do not have to prove anything.

You need to write to the shop and demand full refund under sale og goods act, explianing the reasons and ask for a response in 14 days or you will start legal action.

[freakyleaky]

2 threads merged.

[ubclass]

(UPDATE)

 

Went into Selfridges today and spoke to the floor manager. But in the end I didn't get anywhere.

 

His general reply was a refund cannot be offered under any circumstance as it it against company policy. When I stated that I have rights under SOGA he just dismissed this and said traders also have rights.

 

He was more concerned about their side, and said the watch had to be sent to back to the manufacturer who will then carry out tests to determine whether it is a manufacturing fault or whether it's accidental.

But clearly the fault is recurring and so is a manufacturer's fault.

He said that even if U-Boat accepted responsibility they cannot offer a refund, only a replacement or at best a credit note for 12months.

 

His main concern was if he gave me a refund or credit note today, then there was a chance he would be left with a watch that cannot be sold if U-Boat denied responsibility, hence Selfridges would be out of pocket.

 

I stated that this was none of my concern whatsoever and since I bought the watch in good faith I expected it to do its job. Even when it broke the first time, I gave them the chance to rectify and repair it, but obviously something has gone wrong, and I am not prepared to accept a faulty watch, nor am I prepared to accept a replacement as I've lost faith in the brand. A credit note is also unacceptable as there are no other watches I want for that price range.

 

I then asked for an address to write to but he said even if I did that I would still get the same response, he even said that "if you were Gordon Brown, you would still get the same reply".

 

We must have been talking/arguing for 45 minutes, and in the end he said there was nothing he could do for me until the watch was sent to U-Boat for inspection.

I did not trust to leave the watch with them as they could just turn around and say it was my fault, so I said I will speak to Trading Standards before I decided what to do next.

 

Not sure if I made the right decision but I left the shop with my watch.

I called Trading Standards and they said if I want to request for refund I need to write them a letter.

 

So to whom do I address this letter to? and what if they don't reply to my letter? Is my only option court action?

[godpikachu]

your letter should be addressed to selfridges head office, and should remind them that they have an obligation to abide by SOGA and you are well within your rights to request a refund from them as you have rejected a faulty good.