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Hi

 

I bought a Garmin Vivoactive fitness watch for £189.99 17 months ago from a company on Ebay. The watch has now developed numerous faults and when I complained to Garmin directly, this is what they told me:

 

Dear Paul,

 

If you believe that your device is not fit for purpose this would relate to the Sales of Goods Act 1979 legislation or the Consumer Rights Act 2015, depending on when you purchased your device.

 

This is a contract between yourself and the retailer where you purchased your device and it states that if goods aren’t able to carry out their normal functions for any reason, they are not fit for purpose.

 

Due to Garmin being a manufacturer the Sales of Goods Act/ Consumer Rights Act 2015 applies between the buyer and the seller of the goods, this means that if you wish to pursue any further action in regards to this legislation then you will need to contact the retailer where you purchased your device.

 

I sent this reply to the retailer (Handtec) and this is what they said in reply:

 

Thank you for contacting us.

 

I am sorry to know about this and at the time of purchase we advertised that it comes with manufacturer warranty and has 12-months warranty.

 

We as a retailer cannot assist in this matter because the manufacturer warranty has expired and only Garmin can and should help you by either repairing it or replacing it at a reasonable price.

Handtec Customer Care

 

I would expect a watch for nearly £200 to last longer than 17 months.

 

Can anyone tell me where I can go from here.

 

Kind regards

Paul

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A remarkably well informed response from Garmin – so chapeau to them!

 

An extremely poorly informed response from Handtec. They are completely wrong – and you are correct. I notice that they are a rather strange kind of business that seems to deal very largely in "refurbished" (second hand) goods.

 

It doesn't make a whole difference but maybe you can tell us whether your watch was second-hand. Also, which model Vivoactive is it and can you please describe the problem.


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you can sue the retailer but you will have to show some evidence of how long such an item is expected to last and then deduct the value you have had in the last 17 months from the claim. So, if watch was £200 and is supposed to last 5 years then that means it is worth £40 a year so you sue for £200 less £60 for time you have had it.

Now the retailer is laible for the first year of the item's life and then you have to prove that the fault was a latent fault, ie it was made with the problem rather than it being wear and tear. If the watch is duff by design or manufacture you can sue Garmin otherwise it is the retailer.

You will need to look for other people who have reported a similar problem with their watches and then that shows a manufacturing problem

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Maybe the OP Bazooka Joe doesn't realise that you need to engage with this thread in order to get the best quality help from people who are enthusiastic enough to give their support


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saw one today...when did the watch go wrong....ans about 2:15....


..

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saw one today...when did the watch go wrong....ans about 2:15....

 

:lol:


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