Am i entitled to a refund?

jamesmorris86 · 14 Aug 2011 at 18:17

Hey guys, I brought a watch on thursday from envy in westfields, its an l.e.d watch and when i tried it for the first time out of the house, i quickly realised it was useless. You just cant see anything in natural light.

I went back today, explained this and asked for a refund, to which i was told, "we do not do refunds"

Are shops allowed to refuse refunds when the product is clearly so unusable?

One More Solo · 14 Aug 2011 at 18:22

I expect you would be entitled to a refund as it is not fit for purpose.

~Divine~Wind~ · 14 Aug 2011 at 18:27

just bring up the SoGa and Fit for purpose, if you cant glimpse at the watch and see the time then I'd say not fit for purpose tbh.

[TW]Fox · 14 Aug 2011 at 18:31

One More Solo said:
I expect you would be entitled to a refund as it is not fit for purpose.

~Divine~Wind~ said:
just bring up the SoGa and Fit for purpose, if you cant glimpse at the watch and see the time then I'd say not fit for purpose tbh.

Fit For Purpose has specific legal meaning within the Sale of Goods Act. It does NOT mean what you think it means.

A watch thats hard to see in the light is not 'not Fit for Purpose' under the Sale of Goods Act. It's just a crappy product - and sadly, there is no implied right to a refund because a product is a bit crappy.

Fit for Purpose is all about the product being suitable for the purpose it was sold for - but for this to apply, it needs to be been sold as suitable for a specific purpose - ie, if you had said to the salesman 'I need a watch I can read crystal clear in daylight' and he had said 'I recommend this product', then that is not 'Fit for Purpose'.

jamesmorris86 · 14 Aug 2011 at 19:03

its not that its just crappy in light, you cannot see it, at all. its like theres no battery in it, just a plain black watch face

Moothead2 · 14 Aug 2011 at 19:07

[TW]Fox;19830047 said:
Fit For Purpose has specific legal meaning within the Sale of Goods Act. It does NOT mean what you think it means.

A watch thats hard to see in the light is not 'not Fit for Purpose' under the Sale of Goods Act. It's just a crappy product - and sadly, there is no implied right to a refund because a product is a bit crappy.

Fit for Purpose is all about the product being suitable for the purpose it was sold for - but for this to apply, it needs to be been sold as suitable for a specific purpose - ie, if you had said to the salesman 'I need a watch I can read crystal clear in daylight' and he had said 'I recommend this product', then that is not 'Fit for Purpose'.

The purpose of a watch is to read the time. If he can't read the time on his watch then it's surely not fit for purpose.

Xire · 14 Aug 2011 at 19:08

They should at least offer store credit

[TW]Fox · 14 Aug 2011 at 19:09

Moothead2 said:
The purpose of a watch is to read the time. If he can't read the time on his watch then it's surely not fit for purpose.

You can read the time - just not in certain circumstances. It's a crappy product, but there is no law against crappy products sadly.

Energize · 14 Aug 2011 at 19:10

[TW]Fox;19830047 said:
Fit For Purpose has specific legal meaning within the Sale of Goods Act. It does NOT mean what you think it means.

A watch thats hard to see in the light is not 'not Fit for Purpose' under the Sale of Goods Act. It's just a crappy product - and sadly, there is no implied right to a refund because a product is a bit crappy.

Fit for Purpose is all about the product being suitable for the purpose it was sold for - but for this to apply, it needs to be been sold as suitable for a specific purpose - ie, if you had said to the salesman 'I need a watch I can read crystal clear in daylight' and he had said 'I recommend this product', then that is not 'Fit for Purpose'.

Don't be ridiculous, the nature of the product implies it's use.

[TW]Fox · 14 Aug 2011 at 19:13

Energize said:
Don't be ridiculous, the nature of the product implies it's use.

It's a watch, it can tell the time. It just doesnt work brilliantly in sunlight.

Tomsk · 14 Aug 2011 at 19:14

jamesmorris86 said:
its not that its just crappy in light, you cannot see it, at all. its like theres no battery in it, just a plain black watch face

Maybe it needs a new battery.

fiveub · 14 Aug 2011 at 19:16

Unfortunately I am going to have to agree with Fox on this one, as sad as it sounds it is true, which is a shame really. Did you order online or was it paid for in the shop there and then?

Deluxe1 · 14 Aug 2011 at 19:18

How much did it cost?

jamesmorris86 · 14 Aug 2011 at 19:21

[TW]Fox;19830376 said:
It's a watch, it can tell the time. It just doesnt work brilliantly in sunlight.

it doesnt work at all in sunlight, not one bit, even brought up to my face.

I got it from the stall in westfield, it was £80.

mraerosmith1981 · 14 Aug 2011 at 19:37

ouch that sucks, I would be demanding that refund, if I cant use it for the purpose it was purchased

Strife212 · 14 Aug 2011 at 19:45

[TW]Fox;19830047 said:
Fit For Purpose has specific legal meaning within the Sale of Goods Act. It does NOT mean what you think it means.

A watch thats hard to see in the light is not 'not Fit for Purpose' under the Sale of Goods Act. It's just a crappy product - and sadly, there is no implied right to a refund because a product is a bit crappy.

Fit for Purpose is all about the product being suitable for the purpose it was sold for - but for this to apply, it needs to be been sold as suitable for a specific purpose - ie, if you had said to the salesman 'I need a watch I can read crystal clear in daylight' and he had said 'I recommend this product', then that is not 'Fit for Purpose'.

You came up with this spiel once before, I think it was about the window cleaning pole that broke when used to clean a window; surely the definition of not fit for purpose. In this case you're probably right though.

Deific · 14 Aug 2011 at 19:45

[TW]Fox;19830376 said:
It's a watch, it can tell the time. It just doesnt work brilliantly in sunlight.

You don't buy a watch only to be able to tell the time in-doors. The purpose of a watch is to tell the time when you need to know the time - if it can't do that, then it's not fit for purpose. It's like selling a TV remote that only works occasionally - not fit for purpose.

Nitefly · 14 Aug 2011 at 19:45

[TW]Fox;19830047 said:
Fit For Purpose has specific legal meaning within the Sale of Goods Act. It does NOT mean what you think it means.

A watch thats hard to see in the light is not 'not Fit for Purpose' under the Sale of Goods Act. It's just a crappy product - and sadly, there is no implied right to a refund because a product is a bit crappy.

Fit for Purpose is all about the product being suitable for the purpose it was sold for - but for this to apply, it needs to be been sold as suitable for a specific purpose - ie, if you had said to the salesman 'I need a watch I can read crystal clear in daylight' and he had said 'I recommend this product', then that is not 'Fit for Purpose'.

Eh? You sure about that?

Getting 14(2) and 14(3) confused there. 14(2) regards general purpose, including freedom from minor defects.

OP you will be entitled to a refund if a replacement or a repair doesn't fix the problem.

Nikias · 14 Aug 2011 at 19:59

Could go either way with the SGA 1979 IMO...Fox has identified most of the counter arguments. I would kick up a fuss about it and they should come to a deal with you to avoid the aggro.

One More Solo · 14 Aug 2011 at 20:05

Deific said:
You don't buy a watch only to be able to tell the time in-doors. The purpose of a watch is to tell the time when you need to know the time - if it can't do that, then it's not fit for purpose. It's like selling a TV remote that only works occasionally - not fit for purpose.

I agree with this. Such a function is a basic expectation of a watch. If he couldn't read it during some highly irregular activity (diving, space exploration etc) then fair enough.

Am i entitled to a refund?

Can't type for toffee