Hu @Tysoe, welcome to the forum.
It is disappointing to see that you have problems with you recently purchased Health Watch. Just a couple of questions:
- Did you purchase this watch from an Australian retailer either online or in a bricks and mortar store?
2.If you could provide more information about the watch, it would be great…such as the manufacturer, model etc.
In relation to warranties, if the watch was purchased from an Australian retailer, they are bound by the Australian Consumer Law.
It is worth reading the Consumer guarantees on products and services under the Consumer Guarantees section as the retailer’s/manufacturer’s warranty will not be relevant in your case. For a watch which has a value of $132, one would reasonably expect that the watch would last greater than 40 days. Such watches should last at least a year if not several years. The ACL consumer guarantee would come into play and there would be an opportunity for recourse/resolution under the ACL.
Also it appears that the advertising or marketing material was misleading as well, which means that there is opportunity for recourse/resolution under the ACL.
If the retailer is Australian, it is possible to lodge a complaint with them reminding them of their obligations under the ACL. The ACCC website above has example letters of complaint (templates) which can be used for such purposes.
If the Health Watch was purchased online and/or purchased from overseas online, it is worth reading this website:
It can be very challenging to make warranty claims for an overseas retailer as the requirements of the other country in relation to consumer guarantees may come into play. Online purchases made from an Australian retailer comes under the ACL which is clear in its intent and obligations.
The last avenue is if you purchased the Health Watch using a credit card, it may be possible to get a charge back from your credit card provider. Likewise if a payment platform like PayPal (or eBAY) was used, there are avenues to lodge a dispute to hopefully receive a resolution (either refund or replacement).
The reason about knowing more about the watch is that if it was purchased overseas there may be a manufacturer’s agent or business in Australia that may be willing to resolve the problems you have.
Let us know more about the watch and retailer and also keep us posted of how you get on.
