Watch returned by shop but I don't think it's mine.

[noseynoonoo]

I bought a mid-range watch in March this year - cost c.£200 - from a department store.

Part of it stopped working so I took it back to the store in July, and they sent it back to the manufacturer in France. The manager noted that it had 'a few minor scratches' and she pointed these out to me.

The watch came back today and it is really quite scratched and it actually looks well-worn whilst mine looked like it was a few months old. I really don't think it is my watch but if that is the case that means they have purposely swapped it which is quite an accusation for me to make.

I rang the store and said, 'If I didn't know better I would say it is not my watch'. The manager of that department is on holiday but her stand in said I'd have to bring it back in and they'd send it back again. I don't want to send it back again if it is going to come back more damaged (it wasn't even packaged at all sympathetically). I also don't want to be without a watch again.

I want MY watch back but that is not going to happen is it so can I just say I am not accepting this watch and ask for a new one rather than going through the hassle for them to say that this watch is mine? I am really not sure of my legal position. Any ideas anyone?

The store should have noted down the case reference when it was sent away, so it is identifiable as your watch, so I'd suggest asking them to confirm that with you. I'm not sure on the legalities however when worked at a jeweller it's amazing how many people swore their watch was in near perfect condition but noticed marks etc when it came back because they were looking at it to check it over. I'm not sayin this because I think you have done that necessarily, but because Of this we were very vigilant to note down marks / scratches in detail so they should have done the same.

Did you notice when you collected it, is it still with the store or have you collected it and taken it home?

It was sent direct to my home. Originallym the manager went over the watch with me and she wrote down 'Good Condition - few faint scratches on bracelet'. The watch I have back has a lot of scratches, is scuffed and has lost its shine. It looks older than the few months it is.

At first I thought it had been damaged but the more I look at it the more I think it is not mine.

The form she sent off has a Product Code which I believe is the model number (and matches back of watch) and an 'OLD Notification Nr' which I can't find on the watch.

It just feels second hand and to have a chance of recitfying it I have to send it off and buy myself a temporary watch - seems wrong to me.

Personally I'd take it into the shop and speak to the manager face to face. I would have written that condition if there was just general light scratches to the bracelet (usually worse near the clasp as that's the part that gets worn the quickest) but no marks to the face or bezel.

It's possible it's a genuine error eg your watch and another of the same model have been muddled up, but it's incredibly unlikely. I think I'd be taking it into the store, asking the manager how he would describe the condition of the watch, then asking him to replace it with a new watch. Is it just the bracelet which is looking worn? If so, if he won't replace the whole watch, could he order you a replacement bracelet and fit it in the store (at no charge to you obviously).

We were always told it was our responsibility to annotate the condition so that we couldn't be accused of anything when the watch came back. If its as bad now as you say, there should be no doubt that they should do something for you, either because it's genuinely not your watch, or because they have incorrectly noted the condition so they have implied the watch was in better condition when it left than when it arrived back.

Again, I'm not legally qualified, this is all just what my company told the staff so no idea if it's law or company policy :)

I have spoken directly with the manufacturer who want me to send it back to them because they will be able to tell whether the scratches are new. I have already said that the watch now appears well-worn so I expect that the scratches and scuffs will look old. This process will not prove whether it is my watch though. I feel like I am going to end up with the same watch being returned whilst in the meantime I have to buy another watch.

Don't deal with the manufacturer. Your contract is with the department store who sold you the watch, they sent it away so it's their responsibility to get it back to you again:)

At least take some photos of this watch before it goes and note down any serial numbers.

Well, I was cleaning it last night and noticed that the stopwatch function, which was the original problem, was not working so I took it back to the store and said I wanted a refund or exchange. The man took one look at it and agreed that the condition was nowhere near the description on the paperwork and definitely looked more worn than a watch that was sold on March so he instantly offered an exchange - which was great but he had to get 3 watches out before he found one without a fault.

So, in the short term I am happy because I have a brand new watch but I am certain that I will have to return it again in the not so distant future.