As I said, rhinodisco, is this a genuine Nixon watch?
Again, as I have said... take it to one of the three official stores in Australia.
It's too late for a PayPal claim unless you purchased this after 26th December 2018. (You could claim on the basis of its being a fake if it is a fake, if you purchased after 26th December. But if it is a genuine item, then you can't misuse PayPal Buyer Protection by making a claim of Not As Described, since it was clearly working all of this time. PayPal Buyer Protection can't be used as a product warranty.)
It's far too late for a claim under eBay's MBG. Ditto re not using that as a product warranty.
If your purchase was before 26th December 2018, you should still be able to rely on Fair Trading/Consumer Protection. But make sure you have all the information with you before you contact Fair Trading / Consumer Protection in your state.
- You need to know whether or not this is a genuine item. (Have the watch assessed at one of the three official stores, and if they say it's a fake, ask for this to be stated on letterhead.)
- You need to know whether there's any caveat in the seller's "warranty" about battery, etc.
- You need to know whether or not the seller is an authorised dealer. (Contact Nixon as I said. If the seller is not an authorised dealer/seller, then you know that the watch is not covered under Nixon's warranty. If the seller is an authorised dealer/seller, then you will be covered for the battery under Nixon's own warranty. (1 year warranty for the battery; 5 year warranty for the movements, hands and dial.)
If this is a fake, lodge a claim with Fair Trading / Consumer Protection (or with the ACCC). Inform the seller that you will be contacting the relevant agency and also contacting the ATO.
The most important thing to take away from this is that an eBay seller can say whatever they like about a warranty... It doesn't mean much unless it is a registered Australian business, authorised to sell what they're selling. If the seller is registered overseas (in particular, China), you have no real recourse apart from making a report to ACORN. If the seller is registered in Australia, at least you can use Australian consumer legislation to report the seller through the appropriate channels. What you can't do is sit back and say, "But the auction listing said it was under warranty" and expect something to happen; you can also not rely on eBay to enforce the warranty as that is not eBay's purview and eBay is not empowered to act in that way.
You can complain to eBay about the seller for contravening eBay's Warranties policy, of course. ❝If you choose to offer a warranty against defects, you must include information about how buyers can make a claim. You're also required to clearly explain that the rights they have under your warranty are in addition to any other rights have under Australian consumer law.❞ But this would at best result in the seller being sanctioned in some way by eBay; it won't result in the warranty rights that you expected being enforced. It might give you moral satisfaction, but it won't get your watch fixed.
Go through the proper channels. (Read more here: Consumer's rights and obligation (ACCC). If you want to make a complaint through ACCC, here's the link. (Note that you will be asked to provide the business's ABN / ACN.)
IMPORTANT: If this is a genuine Nixon watch, and the seller is an authorised seller/dealer, then you have no problem. Just take it to one of the three Nixon stores in Australia and have it fixed under the manufacturer warranty.
Best of luck.
