Recently I purchased a "smart" watch (Amazfit GTS 4 Mini) from an Australian seller. After setting up and wearing the watch (on my ) overnight on the first day after receipt, I found that the watch would not track my sleep pattern because its algorithm would only do so between the hours of 6PM and 6AM daily. As I regularly sleep so-called "shift hours", the watch could not track my sleep in any way (EG: going to sleep at, say, 1PM or 4AM). Any coincidental overlap of my sleep time with the algorithm hours was simply recorded as a "nap" with no sleep stages recorded—deep, light, REM, or awake.
I requested the seller to give me a refund, as the watch—according to Australian Consumer Law, and the Victorian Fair Trading Act 2012 — was unfit for the purpose for which it was advertised or sold. I offered to pay for its return postage, but the seller only offered a 60% refund on its $159 purchase price, and would not accept a return, claiming this was sufficient as the watch's packaging had been opened—obviously! I told him that the status of the packaging was irrelevant to my return claim, as it was unmarked, intact, and all in "as new" condition.
I have emailed him multiple times explaining my dilemma with this watch, to which he has responded in each case, but is still adamant that he refuses to give me a refund. I have reported this to eBay directly under its return policy, but have received no response from eBay.
What procedure should I now follow in order to secure a refund—on the reasonable assumption I have a legitimate reason for a full refund?
Thanks in advance. 😊
