- December 5, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder Can Help You Navigate This Situation
Purchasing a high-value item like a luxury watch and encountering issues with it can be frustrating, especially when the store’s response doesn’t align with your expectations. In this case, the AI Legalese Decoder can assist in understanding the legal implications and your rights as a consumer.
When you purchased the watch, you entered into a consumer contract with the jeweler. According to consumer rights laws, goods must be of satisfactory quality, fit for purpose, and as described. The fact that the scratch on the watch appeared on the inside of the glass suggests a potential manufacturing defect rather than wear and tear, which the jeweler may be attempting to use as a loophole to avoid their responsibility.
The AI Legalese Decoder can analyze the terms and conditions of your purchase to determine if the store’s refusal to provide an exchange is in breach of consumer protection laws. The platform can also interpret and translate legal jargon, making it easier for you to understand your rights and the options available to you.
Moreover, the decoder can help you communicate with the jeweler effectively. By providing you with clear and concise language, you can express your concerns and demand a resolution based on your legal entitlements. This may prompt the store to reconsider their stance and provide a satisfactory solution, such as a replacement or a full repair under warranty.
Overall, the AI Legalese Decoder empowers you with knowledge and language to assert your consumer rights and seek a fair outcome in this unfortunate situation.
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Original:
AI Legalese Decoder is a software tool designed to help individuals and businesses understand complex legal documents and contracts. This AI-powered technology can quickly analyze and interpret legal jargon, making it easier for users to comprehend the terms and conditions of their agreements. With AI Legalese Decoder, users can save time and frustration by avoiding the need to hire expensive lawyers or spend hours poring over complicated language. This tool is especially useful for small businesses and individuals who may not have the resources to access legal expertise.
Rewritten:
AI Legalese Decoder: Simplifying Legal Documents for Businesses and Individuals
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****** just grabbed a
Are they repairing it at no cost to you?
If so, what legal advice do you need?
if its truly on the inside of the sapphire crystal its likely that the sales associate was incorrect when they said it was wear and tear, and that its been there from the point of manufacture. them sending it back to the manufacturer and replacing the sapphire crystal at no cost to yourself is the standard thing to do and in this regard they have met their obligations under the consumer rights act.
Just to add to the other comment. Insist that this is original material its being replaced with not generic. The value drops immediately if its not ‘gen’.
This was a business-to-consumer sale, so [Part 1 Chapter 2 of the Consumer Rights Act 2015](https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2) applies. A scratch on the inside of the crystal, if it was present at the time of purchase, would make the watch not of satisfactory quality, contrary to section 9 (see, in particular, section 9(3)(c)). This gives the purchaser the rights under section 19(3).
The original poster faces two barriers to rejecting the watch. The time limit for the short-term right to reject in section 22(3) is 30 days from the transfer of ownership and delivery of the goods, which sounds as if it happened several weeks before the item was opened at the wedding. It might be that the time limit ran out before the watch was opened and the scratch noticed. The second problem is that the reverse burden of proof in section 19(14) and (15) – that any non-conformance in the first six months is taken as being present on the day of delivery unless the trader can show the goods complied on the day of delivery – does not apply to the subsection 3(a) right – the short-term right to reject. It is not certain that the issue was a manufacturing defect; it is sometimes possible for watch hands to strike the inside of the crystal if the watch is dropped.
If the short-term right to reject is unavailable, then the remedy that applies is the section 23 right to repair or replacement. In this case, the cost of replacement is likely disproportionate compared to repair, so section 23(3)(b) would make repair the only option. In this scenario, I would argue that repair must use manufacturer parts and be to the manufacturer’s specification, pointing out to the trader that the section 24 right to price reduction will apply via section 24(5)(a) after repair if the watch was not repaired to conform with the original specification.
If you paid the trader directly using a credit card (not a debit card, and not using a credit card via PayPal or another intermediary), or you took out a credit agreement to pay for the watch, then the credit provider is jointly and severally liable under [section 75 of the Consumer Credit Act 1974](https://www.legislation.gov.uk/ukpga/1974/39/section/75), so long as the price of the watch was between ┬ú100 and ┬ú30,000. If the trader is not co-operative, claiming against the credit provider can be a better option. In this scenario, you are taking advantage of the credit provider’s several liability – you claim solely from them and leave them to their right to claim their losses back from the trader. Be aware that you cannot recover twice; if you claim successfully from the credit provider, you cannot also claim from the trader.
What watch is it? You’d expect a watch with that price tag to come with a 2 year warranty.
Whilst I’m NAL .. I do think you can challenge with the sale of god’s act.. my Garmin watch suffered an issue within 12 months.. I sent pictures.. a return and replace was offered with little to no issue.. on a ┬ú100 watch.. for something 30x that.. I’d expect a much better response than you appear to have received thus far.
Technically a glass ‘scratch’ may cosmetically be considered part of wear and tear.. but if it’s on the inside then that’s certainly sudden to manufacturing.
You may want to reach out directly to watch maker company or head office of retailer if unhappy with the service.
Which / CAB etc have info on consumer rights..
You may also be able to challenge if purchased via debit / credit card too..
General info:
[MSE consumer rights](https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/)
Would need dates for a more accurate answer. When was it purchased/received? Unfortunately ownership counts as when you received the item not when you open it. Guessing you are over 30 days since purchase/receipt of goods so unable to look at a full return for being under 30 days?
Between 30 days – 6 months the burden is on the retailer to prove it wasnÔÇÖt faulty from purchase, which it sounds like they are trying to say is the case, albeit while offering a repair. If you are unhappy with the assessment I would push this via their complaints process and look for a detailed report as to who assessed and how. If not the manufacturer you could look at speaking to them for their assessment.
Worst case you may need to get an independent report (likely at your own cost though retailer should refund if it disproves their assessment and they then look at other options) regarding the issue from a reputable watch repairer, ideally an authorised one for the watch manufacturer. If they confirm wear and tear assessment then I would take repair offered. If they advise manufacturing issue then could take this to retailer who would hopefully then be more willing to look at an exchange though as others have stated they would still be within their rights to look at a repair first if this is the better option financially for them.
Unfortunately I think you are in a tough spot OP and this is why I always recommend any high value purchase is opened and fully inspected once received, helps avoid situations like this where it can be your word against the retailers.
I would ask them to provide proof of the competency of the person who assessed the damage and also the full written damage report. If itÔÇÖs less than six months old itÔÇÖs on them to prove the damage was caused by wear and tear and not by poor workmanship. Given the questionable assessment ask for the watch to be repaired by the manufacturer rather than their technicians
You may say the watch was not worn, but did you remove the plastic or other protective materials, tags etc from the watch? ItÔÇÖs incredibly hard to return a watch unless youÔÇÖve only just looked at it
Was this C.W Sellors or Jura watches by any chance?
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Are you financially worse off or suffered “damages”?
The answer is no. What are you wanting legal advice for?
If you went to a court what would “make it right”? The watch being repaired and given to you so it’s looks and is brand new? Which is what they are doing.