Received broken item; will need to be sent overseas for repair. Who's liable for the shipping costs?

[yeuk_kei]

I purchased a watch from an Ebay seller (watch was advertised as brand new and it came intact with original packaging), and received it in the mail a few days ago. I have worn the watch continuously since receipt, and the watch's movement is broken and doesn't work. I will have to send the watch overseas for repair under warranty (2 years from purchase date). 

I am not sure if I can send the watch back to the Ebay seller for an exchange, since I already threw away the box and instruction manual and everything else (except the warranty card). So I've decided I'll send the watch to the company's headquarters in the UK instead, for repair. 

My question is, who will be liable for the shipping costs in this case? The shipping costs in Canada are very expensive, and I do not think I should be on the hook for these expenses because I am not the one at fault (the Ebay seller is, for selling a defective item). Should I ask the Ebay seller to cover my shipping expenses (sending to and back from the UK), or does the company generally cover the shipping when one of their products are shipped to them under warranty?

(I have already notified the Ebay seller that I will be sending the watch for repair; however, I have not mentioned shipping to them yet.) 

[reallynicestamps]

I will have to send the watch overseas for repair under warranty (2 years from purchase date). 

There is no Guarantee through eBay, through Paypal or through your credit card.

You are on your own.

Is there no local watch repair shop within a hundred miles?

Frankly the cost of shipping overseas is going to be $40 or more and there is no guarantee that the seller can fix the watch or that he will return it.

(Although most people are honest.)

Manufacturers do not guarantee items that are sold by anyone other than their own dealers.  Buying online means no warranty.  (The offset is that the price may be a good deal lower.)

[yeuk_kei]

Thanks for your reply. As mentioned, I am sending it to the company's service center, which specializes in repairing their own watches, so I am not sending it to just "any" watch repairer. Under warranty, I will not be charged anything for the repair work, if serviced at their designated center. That aside, there are no reliable watch repairers in my city that have a good track record of repairing mechanical movements, so it wouldn't be an option anyways.  

I contest your claim that there is no warranty when purchasing items online -- there generally is. That's why we have things like Buyer Protection and "Item Not As Described" guarantees in place. Moreover, my watch is indeed covered by the company's own warranty policy, even if I purchased it via an Ebay retailer. 

I will inquire about the shipping costs at my local post office soon; if the costs are exensive and the seller refuses to cover them, I may consider just returning the watch entirely and getting a refund (as the seller is liable to return shipping fees in "Item Not As Described / Item Defective" cases). 

[momcqueen]

What date did this transaction take place? 

If your buyer protection is expired, you will have to send this back with tracking at your own expense. Without tracking, there is a strong possibility you will never see it again. 

If your 30-day Ebay MoneyBack Guarantee is expired, you need to go to Paypal. Open a case. 

[momcqueen]

Oh and this: "So I've decided I'll send the watch to the company's headquarters in the UK instead, for repair. " 

If you start making decisions on your own about how and where you will repair it, you will pay for the postage and also possibly repair. If you are evoking one form or another of your Buyer Protection, you need to follow the terms of that protection as set out for you by either ebay or paypal. 

Just because a listing says it's under warranty, doesn't mean it actually is. That is the point femmefan was making to which you took exception.  You may be unpleasantly surprised to learn your non-functioning watch was sold by an unauthorized dealer and the company whose name is on the timepiece did not, in fact, manufacture it at all. 

Ask me how I know and I will tell you that I speak from personal experience as a buyer.

If the watch is broken and was from the onset, and you are within your 30-day ebay Moneyback Guarantee, open an Item Not as Described case with ebay. You will send the watch back to the seller at the expense of the seller. And you will get a refund. And with that refund you can buy another watch from an authorized dealer on ebay. 

Actual expensive designer watches generally do not arrive broken and non-functioning. There is another word for those that do. I won't say it, you probably already suspect.

[momcqueen]

One final thing: you cannot confuse a manufacturer's warranty with buyer protection. While both ensure ultimately that the buyer (you) gets what you paid for (or your money back) they are as dissimilar as apples and oranges. 

[reallynicestamps]

I purchased a watch from an Ebay seller (watch was advertised as brand new and it came intact with original packaging), and received it in the mail a few days ago. I have worn the watch continuously since receipt, and the watch's movement is broken and doesn't work.

I wouldn't bother with the manufacturer's warranty.

You were sold a broken or defective product.

Use the eBay Buyer Protection  to get your money back.

Frankly, given the seller's feedback, I don't think you got a new watch or possibly even a real one.

Go to the Resolution Centre and open an Item Not As Described dispute.

The seller will be required to send you Return Postage.

If he doesn't you win the case and you will be refunded.

If he does, when tracking shows the watch delivered, you will be refunded.

In items this pricey, and I'm assuming we are talking about the German dealer, if not I wasted a lot of time on Google Translate, 99.6%is not particularly good feedback. I have the impression that he is a pawnbroker rather than an accredited dealer for the manufacturer.

[reallynicestamps]

Another thing, if you change an item in any way the Money Back Guarantee no longer applies.

So if you go to the manufacturer for repair, you pay all costs.

EBay has applied the 'no changes' to complaints where the buyer washed a used garment before trying it on.

[afantiques]

If you wore the watch for an unspecified period of time and it was working it did not arrive broken.

For some reason or another it must have been broken during the time you were wearing it.

What make is the watch. I am a British watch dealer (retired) and I cannot think of any current UK makers of mechanical watches.

[afantiques]

Something else to look out for is items described as New (other).

They may be New old stock, items never out of the original packing, but which may have been in stock somewhere for many years and may come from a maker long out of business.

Some retailers seem happy to leave stuff on the shelves for decades, this usually arrives on the market  as new old stock and any guarantee cards inclued are usually useless.

Watches are a common NOS item.

[yeuk_kei]

I purchased the watch on January 10th, so I’m within the Buyer Protection window.

[yeuk_kei]

The mechanism was broken from the very beginning. When I first wore it, after the first several hours I noticed that the watch was losing a lot of time (off by several minutes within the couple of hours that I had continuously worn it). Then I discovered the problem — the movement keeps stopping and starting (even when the mainspring is fully wound). So the watch presumably arrived with a broken movement, and I would not and could not have discovered this unless and until I had worn it for a minimum of a few hours.

[momcqueen]

That’s good. An eBay buyer’s first line of defense is eBay where the seller is responsible for an item Significantly Not As Described, so open your Case in the Resolution Centre.

[momcqueen]

(I should say responsible to foot the cost of Return postage, sorry.)

[yeuk_kei]

This was not a New Old Stock watch; it was advertised as Brand New. It’s also a “modern” watch (still being produced now), and not a vintage. I had no reason to anticipate the possibility that the watch would not work. 

[yeuk_kei]

This is what I am worried about — since I didn’t anticipate that the watch would be broken and I may have to return it, I threw out the instruction manual and punched an extra hole into the leather strap (because I have very thin wrists, so I needed to adjust the sizing; the hole itself - only one - is tiny and unnoticeable). I’m not sure if these “alterations” would override my Buyer Protection from an Item Significantly Not As Described case. It was necessary for me to punch the hole in the leather strap as I could not have worn the watch otherwise.

[yeuk_kei]

Thanks for bringing up this point; you’re entirely right that I should take the safer and easier route and just open an Item Significantly Not As Described case. For one, if I were to send it back to the company’s warranty service center, I’d need to seek reimbursement for both the to-and-forth shipping. Moreover, there’s the undetermined wait time for the repair, and also the risk that the watch may not even be properly repaired at all the first time around. There are just too many risk factors involved in sending the watch for repair rather than just opening an Item Not As Described case (and using the refund to purchase the same watch elsewhere).

[afantiques]

Would you post the make of the watch?  As a dealer I am curious.

If it works intermittantly itmay have a damaged  balance staff pivot that causes it to stop in certain positions.  If you observe the running face up,, face down, winder up and winder down, you may find one position is the problem.

[reallynicestamps]

I’m not sure if these “alterations” would override my Buyer Protection from an Item Significantly Not As Described case.

There are mostly sellers responding to your post, so our sympathies are likely to be on the seller's side.

Nonetheless, the watch really didn't work from the get-go.

As sealed NewOldStock, it is not the seller's fault that he didn't know, but it is still his responsibility.

He takes the chance when he sells NOS. He has no way of knowing what it has gone through.

I'd check the trashbaskets for that instruction manual though. The more you can return, and the more saleable it is when you return it, the more likely a prompt apologetic refund will be.

And the manufacturer may be unwilling or even unable to correct the problem.

Go for the Not As Described.

[yeuk_kei]

Posted a reply to this yesterday, but it did not show up for some reason (probably deleted by a mod due an external link I'd included). The watch in question is the Thomas Earnshaw Lady Kew ES-8064-03 model. 

It's an unnamed Chinese automatic movement. Yes, I agree with your assessment -- the problem is most likely due to a damaged balance staff pivot, as the movement only stops and loses time in certain positions. When set face-up on a table, the watch keeps time. However, when it is worn on the wrist (as it's supposed to function), the movement will intermittently stop. I have just tried wearing it again for several hours straight yesterday; I wore it for around 7 hours, and at the end of that period, the time was 2.5 hours behind. The issue is definitely verified, and I will be opening an Item Not Described case and getting a refund.

Thank you for all the replies.