BMW M5 Forum

Post Reply
 
Thread Tools Search this Thread
      12-31-2010, 05:24 PM   #1
ZJP
Lieutenant Colonel
United_States
136
Rep
1,759
Posts

Drives: F10 535xi / B6 S4
Join Date: Jan 2008
Location: LI, NY

iTrader: (7)

Merchant is being unreasonable / How do I handle my situation?

So at the end of November my girlfriend bought me a Hamtilon watch ($800+) for Christmas from an online retailer (watchzworld.com). It came and everything was legit. Christmas day I wore it all day/night and then the day after it stopped working. The second hand, chronograph, etc. all just stopped. I brought the watch to Tourneau to have them check it out and even the store manager said that nothing inside was working because he did a test on it.


I call up watchzworld and spoke with the owner and told him the situation. He said that he would either refund my money or send me another watch after he received the one that wasn't working. Okay, fine. I shipped it out on Tuesday and it arrived yesterday because I tracked it. I emailed the company yesterday and never got a response. Today I got tired of waiting around and called him up and he said he received the watch but now he's changing his story around.


He thinks that the watch that I sent him isn't the original watch that I purchased. I told him that the shipping/billing information was under my girlfriends name to clarify everything in case he was confused. Now he's saying he wants to have the watch "fixed" and send it back to me. I told him absolutely not because I am not waiting another week or so when he sent me a faulty item in the first place.


I told him that I will call him Monday and I want an answer on what he's going to do for me by then otherwise I will take necessary legal action if it's required to do so. I'm at the point where I am about to call up my girlfriends credit card company and have them dispute the charge completely because I can't deal with this asshole trying to screw me around.


Clearly he isn't honoring his original promise where he stated that he would send me another watch or refund my money. Could I just call up my girlfriends credit card company and tell them the situation and have it disputed or would it be too late since the item was purchased a month ago? btw, I have everything documented through Email if I need proof for anything, just thought I'd mention that.

Last edited by ZJP; 12-31-2010 at 05:41 PM..
Appreciate 0
      12-31-2010, 05:27 PM   #2
infinitekidM2C
Major General
infinitekidM2C's Avatar
United_States
4298
Rep
5,737
Posts

Drives: 2019 M2 Competition
Join Date: Nov 2007
Location: Orange County, CA

iTrader: (4)

Garage List
You're pretty agressive..arrives yesterday, he looks at it and thinks he can fix it instead and now you're ready to pursue legal action or dispute the charge? Just wait until Monday, ask him how long to get repaired/replaced/refunded.. IF was reasonable time i'd just wait. S-happens
Appreciate 0
      12-31-2010, 05:32 PM   #3
ZJP
Lieutenant Colonel
United_States
136
Rep
1,759
Posts

Drives: F10 535xi / B6 S4
Join Date: Jan 2008
Location: LI, NY

iTrader: (7)

Quote:
Originally Posted by infinitekid2002 View Post
You're pretty agressive..arrives yesterday, he looks at it and thinks he can fix it instead and now you're ready to pursue legal action or dispute the charge? If it were me i'd just wait until Monday, ask him how long to get repaired/replaced/refunded.. IF was reasonable time i'd just wait. S-happens
I don't think I'm being aggressive. I PAID for something, it DOESN'T work, I want a replacement or refund, HE is telling me that the item is not the original and toying me around. He originally told me different two days ago.

I can barely understand the guy on the phone, speaks poor english. Not to discriminate or sound racist but how do I know that he's not trying to fuck me over? He now has MY money and MY watch. Of course I'm going to be skeptical when he's 3000 miles away, wouldn't you?

The legal action part was to scare him so that he stops jerking me around, but if it comes down to that then I will pursue it.
Appreciate 0
      12-31-2010, 08:45 PM   #4
ScotyH
Bimmer me up
20
Rep
340
Posts

Drives: 08 M3, 2010 GTR
Join Date: Sep 2005
Location: Edmonton,AB

iTrader: (0)

Part of the pleasure of buying online.

Just wait for it, relax, life's too short.

FYI, legal action is BS, you both know it.....
Appreciate 0
      01-01-2011, 02:06 AM   #5
Feyd
Major
Feyd's Avatar
366
Rep
1,288
Posts

Drives: a DEEZZULL
Join Date: Aug 2007
Location: Chicago, IL

iTrader: (2)

Well... the only thing you could have done differently would have been to copy the serial number down of the one that you received... I'm sure you didn't do that because why would you really?


I agree he's jerking you around, but there isn't much that can be done about it. Best thing to do would be just to be as nice as you can because he has your money AND your watch right now.

Is he an authorized Hamilton repair facility? If he isn't as soon as he opens the case he will void the Hamilton warranty... Might want to keep that in mind as you are bargaining with him. Make sure that if he is going to "work" on it you want written proof from him that he will essentially take over all warranty work on the watch during the term originally listed from Hamilton.

And don't freak out if he isn't an authorized repair facility. it's an ETA movement... regardless of what's wrong with it, it can be fixed and parts will be readily available until long after you are gone. It's not like a BMW where you go in for an HPFP replacement and then your cruise control stops working.
Appreciate 0
      01-01-2011, 10:44 PM   #6
Freakazoid
Captain
Freakazoid's Avatar
188
Rep
962
Posts

Drives: Saturn Redline
Join Date: Dec 2009
Location: Pittsburgh

iTrader: (0)

No offense, but this is really easy.
Dispute the charge with the credit card company, this takes about a month.
There's 2 things that can happen:
1. He doesn't fix it, you supply the tracking number of the return, and you get your money back.
2. He DOES fix it, supplies the credit card company the info, and you get a working watch.


/thread it's really that easy, the circumstances and events surrounding it don't matter in the slightest
Appreciate 0
      01-01-2011, 11:22 PM   #7
ideliver
Major
ideliver's Avatar
246
Rep
1,247
Posts

Drives: E60 M5, E71 X6M, E46 M3
Join Date: Feb 2008
Location: At the gas station

iTrader: (0)

Garage List
2006 BMW E46 M3 'vert  [0.00]
2008 BMW M5  [0.00]
2011 BMW E92  [0.00]
2012 BMW X6M  [0.00]
2003 E46 M3  [0.00]
Quote:
Originally Posted by Freakazoid View Post
No offense, but this is really easy.
Dispute the charge with the credit card company, this takes about a month.
There's 2 things that can happen:
1. He doesn't fix it, you supply the tracking number of the return, and you get your money back.
2. He DOES fix it, supplies the credit card company the info, and you get a working watch.


/thread it's really that easy, the circumstances and events surrounding it don't matter in the slightest

this
__________________
Current: 2006 E46 M3 'vert 6-sp 2008 E60 M5, 2011 E92 328 6-sp, 2011 E70 N55, 2012 E71 X6M

Appreciate 0
      01-02-2011, 01:07 AM   #8
Mighty M
First Lieutenant
25
Rep
304
Posts

Drives: 08 M3 Jerez/FR Manual
Join Date: Dec 2008
Location: Vienna, VA

iTrader: (0)

Necessary legal action...

Let me guess. Early 20s?
__________________
Appreciate 0
      01-03-2011, 08:38 AM   #9
BigDog
Major
United_States
328
Rep
1,079
Posts

Drives: YMB F80
Join Date: Jul 2005
Location: NYC

iTrader: (1)

Quote:
Originally Posted by Mighty M View Post
Necessary legal action...

Let me guess. Early 20s?
gotta be...


legal action and $800


__________________
Appreciate 0
      01-03-2011, 08:43 AM   #10
Comet
Troll Harder
Comet's Avatar
Lebanon
403
Rep
596
Posts

Drives: 997 GT3, 997 4 GTS, X6M
Join Date: May 2007
Location: Montreal, Beirut

iTrader: (0)

Garage List
that's why you buy from a someone local for things like that and never online...
__________________
Appreciate 0
      01-03-2011, 08:48 AM   #11
NYCGarbagePrince
Major
254
Rep
1,435
Posts

Drives: X6 50i
Join Date: Aug 2007
Location: NYC

iTrader: (0)

Quote:
Originally Posted by Comet View Post
that's why you buy from a someone local for things like that and never online...
He will be fine. If it is on his credit card, all he needs to do is follow freak's directions and a solution will come.
Appreciate 0
      01-03-2011, 09:15 AM   #12
Comet
Troll Harder
Comet's Avatar
Lebanon
403
Rep
596
Posts

Drives: 997 GT3, 997 4 GTS, X6M
Join Date: May 2007
Location: Montreal, Beirut

iTrader: (0)

Garage List
ofc he will
just the hassle of being jerked around.. I can relate..
bought a laser online a while back and it took them 3 weeks to ship it out..
I felt like they just took my money.. matter of principle more than anything
__________________
Appreciate 0
      01-03-2011, 11:25 AM   #13
Maestro
Major
1060
Rep
1,268
Posts

Drives: 2007 335i Sedan, 2021 X3
Join Date: Nov 2006
Location: Philadelphia

iTrader: (0)

Look, when something fails like this the seller has a couple of options, they and refund and send you on your merry way, they can replace or repair, many times it is their option, especially after a period of time.

This depend on each state, some states allow you to return or terminate any sales agreement or contract within 72 hours with no questions ask. The problem is most online retailers are not aware of each states rules and technically when they sale in your home state they are automatically bound to that state's retail laws. But your State's Attorney General may times has no jurisdiction outside your state.

This is the problem when dealing with online retailer, you hope they will stand behind the products they are selling. Before buying from any of them I do as much checking as I can on them to make sure they are reputable and they are who they say they are. I found many of these online store are fronts and you have no ideal who owns then. try doing a whois on the web address and see if the lists owner is at the same street address as the business, and there are few other things you can do to make sure they are who they say they are.

However, to the op, good luck trying to sue or do any other sort of legal action against a business especially if it is not in your home state.

So relax, give the guy a chance to make it right and as long as he returns you a working watch why do you care how he did it. Also, sometime you can go directly to the manufacturer and they will make it right, many times manufacturers will tell you if it older than 30 days you should go directly to them.
Appreciate 0
      01-03-2011, 12:38 PM   #14
escobar929
Brigadier General
escobar929's Avatar
154
Rep
4,528
Posts

Drives: M2 CS
Join Date: Aug 2009
Location: Hollywood, FL

iTrader: (14)

Garage List
2020 M2 CS  [10.00]
2020 M240i  [0.00]
just tell them if you dont get a new watch or your money back you will file a claim w/ BBB
Appreciate 0
      01-03-2011, 04:51 PM   #15
Hawkeye
Brigadier General
Hawkeye's Avatar
No_Country
2065
Rep
4,365
Posts

Drives: '07 Z4 Coupe, '21 X3, '16 GMC
Join Date: Aug 2007
Location: Iowa

iTrader: (0)

Garage List
Quote:
Originally Posted by ZJP View Post
I don't think I'm being aggressive. I PAID for something, it DOESN'T work, I want a replacement or refund, HE is telling me that the item is not the original and toying me around. He originally told me different two days ago.

I can barely understand the guy on the phone, speaks poor english. Not to discriminate or sound racist but how do I know that he's not trying to fuck me over? He now has MY money and MY watch. Of course I'm going to be skeptical when he's 3000 miles away, wouldn't you?

The legal action part was to scare him so that he stops jerking me around, but if it comes down to that then I will pursue it.
I thought you said your girlfriend bought it for you?

This is the reason you stick with reputable dealers or just pay a little more for in person service, cause that just cannot be beat sometimes... especially with such a high dollar item. (expensive compared to most consumer watches at least).

Quote:
Originally Posted by NYCGarbagePrince View Post
He will be fine. If it is on his GIRLFRIEND'S credit card, all he needs to do is follow freak's directions and a solution will come.
IFYP
__________________
2007 Z4 3.0si Coupe • 6 MT • Black Saphire Metallic • PP • SP
2016 GMC Sierra SLT Z71 Premium Plus 4x4
2017 Harley StreetGlide • Denim Black • V&H Tune
2021 BMW x30i • Phytonic Blue Metallic • Fully loaded
Appreciate 0
      01-03-2011, 05:58 PM   #16
Mr Tonka
is probably out riding.
Mr Tonka's Avatar
United_States
6061
Rep
2,292
Posts

Drives: Something Italian
Join Date: Feb 2009
Location: Sweatypeninsula

iTrader: (0)

If it all goes south just dump your GF, let her deal with the $800.







j/k
__________________
"There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice. -Charles de Secondat"
http://www.m3post.com/forums/signaturepics/sigpic59612_1.gif
Appreciate 0
      01-03-2011, 07:13 PM   #17
Freakazoid
Captain
Freakazoid's Avatar
188
Rep
962
Posts

Drives: Saturn Redline
Join Date: Dec 2009
Location: Pittsburgh

iTrader: (0)

Quote:
Originally Posted by MP0WER View Post
If it all goes south just dump your GF, let her deal with the $800.







j/k
this... depending on the situation with the girl, might just be easier!

regardless there's no reason to be concerned either way, and there's not much to learn. This is the only time in my life you'll ever hear me say that credit cards are an amazing wonderful thing.
If you're a merchant, they blow, if you're a consumer, they're irreplaceable. I've NEVER had problems with disputing charges.

If you want to save a few bucks and can live a few months without the cash, go ahead and go with the less famous dealers. I, personally, have never had a downside other than being a few months without cash and a small hassle. If you need a 100% working thing immediately, and don't want to deal with the hassle, pay a few more bucks and go with a big dealer. It's all a matter of priorities.
Appreciate 0
      01-03-2011, 07:32 PM   #18
gun6slinger9
Second Lieutenant
30
Rep
268
Posts

Drives: 428xi
Join Date: Feb 2010
Location: Calgary Canada

iTrader: (0)

You will pursue legal action over $800? I wish I was a lawyer so I could make money off of people like you.
Appreciate 0
      01-03-2011, 08:42 PM   #19
kabalm18
My car drones and I LOVE IT!!!
kabalm18's Avatar
United_States
209
Rep
613
Posts

Drives: 1M & F10 535xi
Join Date: May 2008
Location: My House

iTrader: (0)

Quote:
Originally Posted by BigDog View Post
gotta be...


legal action and $800


Wait until you see what he does over his defective Coach Man bag!
Appreciate 0
      01-03-2011, 08:43 PM   #20
infinitekidM2C
Major General
infinitekidM2C's Avatar
United_States
4298
Rep
5,737
Posts

Drives: 2019 M2 Competition
Join Date: Nov 2007
Location: Orange County, CA

iTrader: (4)

Garage List
Quote:
Originally Posted by gun6slinger9 View Post
You will pursue legal action over $800? I wish I was a lawyer so I could make money off of people like you.
wouldnt waste ur time...u'd be smart enough to ask for a $5000 retainer though
Appreciate 0
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 11:24 AM.




m5:
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST