Omega Boutique Houston Galleria lost my watch and came through!!

pudz

Once again, thanks for an overwhelming response on this topic. Everyone's opinion is different as to what "should" happen, which is why I posted here in the first place...just wanted to feel everyone out as to what you all would think would be a fair resolution if you were put in a similar scenario.

Yes, the manager's name is Robert. As I've mentioned before, I have spoken with him now several times. Truthfully, he has been kind and helpful throughout the whole process, very understanding of the situation, in particular how much that timepiece meant to me. His focus from day 1 of the loss has been, "I want to make sure you are happy". Given the corporate structure I understand there are things that a store manager can and cannot approve. After some brief negotiations, Robert has linked me up with someone from the corporate office, who just emailed me last night.

As for recording conversations, I don't think that would be very helpful for the situation in the long run. I'm glad that the Omega Boutique in Houston is aware of this thread, I was actually going to let them know of it as there are some good comments. Since the Omega Boutique Houston (and likely the corporate office) is reading, here are some suggestions for you all going forward:

1. I dropped my watch off on Oct 1st, did not learn that the watch was missing until Oct 27th. Four weeks later is when I learned that the watch did not even make it to the service center (btw it was shipped from the Omega Boutique on Oct 3rd).
2. When I received the phone call, it was from a tech, NOT Robert, the store manager. I would think that if 2 watches went missing that the manager would take this on and not delegate it to a tech who has no authority.
3. Perhaps from now on when they intake a timepiece they should assign an insured value at the beginning, like almost every other jewelry store, this way they can minimize disputes such as this one. I'm surprised they did not make this change when a watch went missing the first time!

I hope that Omega USA and I can seek an expeditious, fair, resolution. I will let all of you know what we settle on. As many of you have mentioned, there is no watch that can replace what my father gave me, but I do expect Omega to make it right.

gatorcpa

I'm sure Omega and/or the courier insured the watch prior to sending it anywhere. However, the insurance is not going to cover the 2016 replacement value, nor will it cover the sentimental value to you. It likely only covers the value of a 2009 watch needed service (as someone mentioned above). So they're probably offering you exactly what they are receiving, as the transaction would be a net zero to them.

I've seen a similar scenario happen to a friend of mine is a different context, with almost the same result. In his case, he had dropped his car off at an authorized dealership (in Texas) for an oil change, only to get a call that his car was stolen right off the lot. I think the only offer that he received was a reimbursement of his comprehensive insurance deductible plus a small discount on another car of the same brand. At no time was it implied that the dealership would "replace" the car, not even with a used one of the same model year and mileage. This probably would not have been difficult for the dealership, as trade-ins are acquired all the time.

He ended up with the depreciated market value of the car and of course, didn't consider that brand as a replacement.

Now back to your situation. The salesman's comment that "it has only happened once and after the incident that client was able to pick ANY watch in the entire store", doesn't take all the facts into account. What if that prior customer's Omega was worth more than any watch in the store? I'm sure that neither you nor that salesman knew the answer to that at the time. He likely had no authority to make such an offer to you.

Certainly, you should send an e-mail with all the facts to the head of Swatch USA, with a copy to their counterpart in Switzerland. I would mention your contacts in the media. Why not, can't hurt and can only help.

My feeling is that the best they will do would be to give you a credit for the amount they are getting reimbursed, plus a discount off MSRP on a newer model.

This is a bad situation for all, but I just don't see Omega coming out of their pocket for a couple of thousand dollars in excess of their insurance reimbursement on this without a legal judgment against them. I think the cost of obtaining that judgment (even if the law in Texas was on your side) would be far in excess of the difference between what you would otherwise get in a settlement vs. the cost of a new Speedmaster.

I feel bad for you, but I think it unlikely that the law would take sentiment into account in a case like this.

Good luck, whatever you decide to do.
gatorcpa

cicindela

Makes me wonder why you are here?

gatorcpa

There is a big difference between what the Boutique is obligated to do (which was the point of my post) and what they should do.

I also wanted to relate my friend's experience with his car as it was relevant to the discussion and the incident occurred in Texas.

In addition, I wanted to emphasize the point that if the watch was insured for replacement value, then the OP would get that amount from his insurance company, not Omega, unless Omega wanted to make good on full replacement out of the goodness of their own hearts. That may yet happen. But I do not believe they are obligated under the law to do so.

IMO, what should happen next is for Omega to write him a check for the value of the watch, the OP to get a settlement from his insurance company for the balance of the replacement cost and Omega to sell him a replacement watch at dealer's cost. But I doubt it's going to happen that way for a number of reasons.

This case is why it is so important to have the correct type of insurance on property with sentimental value.
gatorcpa

gatorcpa

I think this is why we are saying different things.

I am assuming the negligence was on the part of the common carrier who was supposed to deliver the watch to the service center. Their obligation is to the Boutique who used their services.

You are assuming it was something wrong at the Boutique before shipment.

Neither of us know this, and unless it goes to court we probably never will.

I still don't understand how "damages" can be more than the value of what was given to Omega in the first place. But I'm not an attorney, and that could be true in some places.
gatorcpa

pudz

So I'm new here, thought I would join given the recent events regarding my Omega Speedmaster, seeking some words of wisdom. On Oct 1st I dropped my Omega Speedmaster at the local Omega boutique (Houston Galleria) to get serviced.

After quite a bit of brainstorming and discussion with my brother I decided that going directly to Omega would be the safest option for servicing my precious watch. This speedmaster was bought in 2009 and was a gift from my father to me, it meant a LOT to me. Unfortunately, my father passed away recently and it was one of the last gifts he gave me.

When dropping my watch off I made it clear to the sales person that the watch meant more to me than just a Speedmaster; and that I would expect that they would take good care of it while in their possession. I even asked them what would happen if they lost it. The sales person stated that in all his years with the Omega Boutique it has only happened once and after the incident that client was able to pick "ANY watch in the entire store". The sales person reassured me that my watch would be returned in like "new" condition. After all, they were charging me $710 to get the watch serviced.

On Oct 27th I received a phone call from the Omega Boutique that they had lost my watch in transit to the service center. They were still figuring out details about the loss and they would be in touch with me as to what would happen next. I was informed about the loss almost a month after I had dropped the watch off! (the package was sent out on Oct 3rd) I've been pretty upset about this loss, but I've also learned that there are worse things that can happen to a man.

During the past week or two I have been in contact with the store manager as to restitution. Quite frankly, my original Speedmaster can not be replaced, it meant more to me than a "Speedmaster". It should also be noted that the particular model has been discontinued. Regardless, the statement that the sales person made when I dropped off my watch was that if my watch was lost I would be able to pick ANY watch in the store. Big surprise, Omega is not keeping their end of this statement. I have also learned that my watch was not the only one in the package that was "stolen", there was another person's watch that was in the box as well. Omega will not release their name to me (obviously). So what's my recourse? Has this happened to anyone else? I have some pretty solid contacts at several news stations in Houston and have been seriously thinking about calling them. I was thinking about going to litigation route, but I'm sure Omega's legal team is larger than mine. I just want what they promised me when I dropped off the watch. After all, they lost MY watch. What they have offered me will not even buy a new speedmaster, it's a bit of an insult.

Any words of advice would be appreciated.