Trying to return a vintage Rolex 6694

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So, in the UK we have something called the consumer rights act 2015, which allows a consumer to reject an item bought at retail within 30 days if it is "not as described" or "not of satisfactory quality".

I recently traded in my Omega Speedmaster First Omega in Space to a watch dealer for a Rolex 6694 plus cash on top. The watch came with a 7835 bracelet, but I noticed that the end links had different model numbers. One was a 357, the other 361.

I told the dealer that, and showed him pictures of it, and he told me that one was a service part and he could source me a correct end link. I told him that I wanted to reject the watch under the CRA and asked him to return my Speedmaster.

Now he's fighting me over it. I even sent their watch back, as I'm legally required to do, and sent them a formal letter stating that I'm rejecting the watch for not being as described, as it came with a guarantee of authenticity.

He's trying to say that because I bought it in his shop, I got a chance to inspect it first, so it was "sold as seen", and that they're going to send me a "formal response". They also said that receiving my watch back doesn't mean that they're accepting my rejection of the goods, and that it's authentic because it's made up of authentic Rolex parts.

I'm just really frustrated over this, because I was hoping he'd be reasonable, acknowledge and apologise for the mistake and return my Speedmaster. I wasn't expecting him to try and argue with me about it. It's pretty clear cut. The end links don't match, i.e. one of them is not original to that watch. He must know, as a watch dealer, that for watch collectors, or people who buy vintage watches, that kind of detail is extremely important.

What do you think?
 
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I thought returning items without questions asked only apply to purchases online, at least it the EU it is to a maximum of 14 days.
 
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Yes, that's your right to "change your mind", which is different from your "right to reject". The first doesn't apply to in person purchases, the second does.
 
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If you like the watch, can you simply have the seller/trader help you source your desired end link?

And…

They may have already sold your Speedmaster…
Edited:
 
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Not related to the law about returning, but I will just say that these end links get replaced pretty often, and he should be able to find you a correct replacement for the incorrect one. #357 end links are readily available.

Did you like the watch otherwise, or did you regret the purchase for other reasons?
 
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You don't say of the watch was new or used but if used, I think you are on shaky ground with your 'right to reject' position.

The right to reject is based on:
"unsatisfactory quality, unfit for purpose or not as described"

If the end link is a Rolex link, it will be of satisfactory quality.
If the link does its job, it will be fit for purpose.
If the seller did not describe the watch as 'entirely original' (in writing) and gave you the watch to inspect, then it would be difficult to argue not as described.

If the watch was a used item, it could be reasonably assumed that it could have had a 'life' before you purchased it.

Plus the seller has offered to remedy the issue that you have pointed out to them as a sign of good faith.

I get that you are miffed that the watch wasn't as you wanted it to be but I suspect any court would take the view that the seller has made a genuine and reasonable attempt to right any perceived wrong and that you are being unreasonable in not allowing the seller to make good. (especially for such an insignificant item that can be easily remedied and compared to the value of the overall purchase)
 
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Not related to the law about returning, but I will just say that these end links get replaced pretty often, and he should be able to find you a correct replacement for the incorrect one.

Did you like the watch otherwise, or did you regret the purchase for other reasons?
I regretted it for other reasons and was planning to sell it when I noticed the mismatch. So I thought it was simpler to reject it.

Under the law there is no requirement for me accept a repair.
 
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I regretted it for other reasons and was planning to sell it when I noticed the mismatch. So I thought it was simpler to reject it.

Under the law there is no requirement for me accept a repair.
I agree there is no requirement to accept a repair but you are not accepting a repair.
You are suggesting the watch was not as described - or at least implied as described, i.e. entirely original with no replacement parts.
The seller has offered to make good your perceived issue,

I can pretty much guarantee that you would lose if you chose to action this case - because of the reasons I gave above.
 
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I agree there is no requirement to accept a repair but you are not accepting a repair.
You are suggesting the watch was not as described - or at least implied as described, i.e. entirely original with no replacement parts.
The seller has offered to make good your perceived issue,

I can pretty much guarantee that you would lose if you chose to action this case - because of the reasons I gave above.
I'm not going into it, but you're flat out wrong.
 
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I'm not going into it, but you're flat out wrong.
I strongly don't agree - and I would be very interested in why you think I am "flat out wrong"

But suit yourself - UK law is not based on the letter of the law and takes into account what is reasonable in cases like this.

Easiest option, if you are going to sell anyway - Let the seller remedy the issue and then sell the watch.
 
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And now you are on a public forum undermining your negotiating position by indicating that really your issue is buyers remorse at trading up for a Texas Timex. You bought the watch on site. Later you noticed a minor discrepancy and the seller offered to make it right. I think @Peemacgee is correct in his view of your chances here. Let seller make it right and move on.
 
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I'm not going into it, but you're flat out wrong.
I agree that advice was/is completely wrong.courts virtually always side with consumer in UK

If you paid by credit card talk to credit card company and they will do a chargeback dealer will soon backdown
 
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I agree that advice was/is completely wrong.courts virtually always side with consumer in UK

If you paid by credit card talk to credit card company and they will do a chargeback dealer will soon backdown
Sadly, it's not that simple. They have my Speedmaster. I have to get them to return my property.
 
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I agree that advice was/is completely wrong.courts virtually always side with consumer in UK

This may be true if we are talking about new goods or something that has an obvious defect (like a used car with a technical issue).

The CRA is there to protect consumers from unscrupulous sellers not for purchasers with buyers remorse.

There is actually nothing wrong with the OPs watch and so no grounds for rejection under the terms of right to reject.
(Unless there is something else wrong with the watch the OP is not telling us)

The perceived defect does not restrict the functioning or enjoyment of the watch, the buyer viewed the watch in person and after the fact the seller has even offered to remedy the perceived issue.

Good luck to anyone trying to win that case.
 
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Sadly, it's not that simple. They have my Speedmaster. I have to get them to return my property.
You agreed a value for the speedmaster? So claim for that as well
 
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You agreed a value for the speedmaster? So claim for that as well
The amount I'm claiming is actually the market value, not the trade-in value. In order to undo the contract he has to give me enough money to buy an equivalent Speedmaster, assuming he's sold it. If he hasn't sold it he has to return my Speedmaster.
 
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This may be true if we are talking about new goods or something that has an obvious defect (like a used car with a technical issue).

The CRA is there to protect consumers from unscrupulous sellers not for purchasers with buyers remorse.

There is actually nothing wrong with the OPs watch and so no grounds for rejection under the terms of right to reject.
(Unless there is something else wrong with the watch the OP is not telling us)

The perceived defect does not restrict the functioning or enjoyment of the watch, the buyer viewed the watch in person and after the fact the seller has even offered to remedy the perceived issue.

Good luck to anyone trying to win that case.
There is something wrong hes already said links are not the same. The dealer should have indicated this at point of sale or the watch should have been significantly cheaper than another correct second hand one.

If dealer had said at time of purchase links were not a pair then OP would not have a leg to stand on .
 
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There is something wrong hes already said links are not the same. The dealer should have indicated this at point of sale or the watch should have been significantly cheaper than another correct second hand one.

If dealer had said at time of purchase links were not a pair then OP would not have a leg to stand on .
Yes, exactly. I actually noticed it because I was planning to sell the bracelet separately for parts. I can't sell a bracelet with mismatching end links.
 
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There is something wrong hes already said links are not the same.
I think you re missing the point I am making.
There may be something 'wrong' as far as we as collectors are concerned but as I mentioned earlier, the CRA right to reject is based on
"unsatisfactory quality, unfit for purpose or not as described"
The 'complaint' doesn't qualify under the right to reject unless it was described incorrectly.

The dealer should have indicated this at point of sale or the watch should have been significantly cheaper than another correct second hand one.
we don't know how the watch was described at the point of sale or the sale price.

I'm not sure that a seller would be obliged to detail such a small matter if the replacement end link was a reasonable replacement to 'the man in the street'.

If the watch had a completely different Rolex bracelet on it - and was priced accordingly - you wouldn't expect the seller to be liable to a return because they didn't mention it didn't have the original Rolex bracelet because it in fact had a perfectly usable, functioning Rolex bracelet.
 
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I think you re missing the point I am making.
There may be something 'wrong' as far as we as collectors are concerned but as I mentioned earlier, the CRA right to reject is based on
"unsatisfactory quality, unfit for purpose or not as described"
The 'complaint' doesn't qualify under the right to reject unless it was described incorrectly.


we don't know how the watch was described at the point of sale or the sale price.

I'm not sure that a seller would be obliged to detail such a small matter if the replacement end link was a reasonable replacement to 'the man in the street'.

If the watch had a completely different Rolex bracelet on it - and was priced accordingly - you wouldn't expect the seller to be liable to a return because they didn't mention it didn't have the original Rolex bracelet because it in fact had a perfectly usable, functioning Rolex bracelet.
Dude, stop digging. You really have no idea what you're talking about.