Seller refuses refund for defective item

[ausgeoff1946]

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.   😊

[sandypebbles]

Why have you not opened an item not as described dispute?

No use quoting fair trading to other members if you don't use the tools you are given

Also pointless to spam email the seller

And the way to 'communicate' about it to eBay is to open the dispute

You, the buyer do not pay to return a faulty item either

What is the item number?

[domino-710]

This may be a case of operator trouble.

[davewil1964]

The item doesn't appear, from the buyer's post, to be defective or faulty.

It's a standard item which doesn't fit the buyer's requirements.

I wouldn't refund, either.

[ausgeoff1946]

Thank you for your response.     I understand that one

can set the watch to specific sleep and wake times, but

as I have a Circadian sleep disorder (N-24) my sleep

schedule varies every day, which means that I'd have to

reset the sleep/wake times each and every day.

This of course is not only tedious, but seriously impractical,

and no such limitation was mentioned in the seller's item

description.  Amazfit's own advertising gave the impression

that the watch would track one's sleep automatically, with no

additional user input needed—and certainly not on a daily basis.

[ausgeoff1946]

The watch is not defective or faulty, but the point is that

it's that If a product or service is not fit for the purpose for

which it was advertised or sold, it is considered a breach

of consumer guarantees under Australian Consumer Law.

The watch was sold to me on the basis that it would record

my sleep automatically—with no need for me to reset my

wake/sleep times every day.  There was no mention by the

seller that it only recorded one's sleep pattern from 6PM to

6AM automatically on a daily basis.

[ausgeoff1946]

I have reported this to eBay directly under its return policy.

I have not in any way "spammed" the seller.  It has been a

two-way communication at all times.  I offered to pay for

return postage as a goodwill gesture.

[countessalmirena]

OP, unless the seller’s listing specifically stated that the watch would automatically record a variable sleep pattern - that it would sense such peripatetic sleep and automatically set up the day’s sleep schedule based upon such variable data - then the item is not INAD (not item not as described).

You’ve said that “The watch is not defective or faulty”. Therefore it can’t be returned for such a reason. I know you don’t want to hear this (and I’m sympathetic), but your return reason is actually change of mind / buyer’s remorse. The item doesn’t do what you thought it would do, and doesn’t suit you; it wouldn’t be practical to set the sleep/wake times anew each day - and that doesn’t fall under the category of not as described.

It’s also not a breach of ACL. The item doesn’t do what you thought it would, which isn’t the same as not doing what the manufacturer said it would.

What you were expecting is something that uses a technology not present in this item. I can only imagine how frustrating it is for you to deal with this sleep condition. I’m not actually aware of a wearable that would be of help … and a quick google hasn’t provided an answer to a very specific and narrow question on this, either. I’m sorry - I’d have loved to be able to suggest a sure-fire option.

If the seller doesn’t accept returns (by which I mean COM returns, where you’d almost certainly be up for return postage anyway), then eBay are not going to intervene in this matter. Could you resell the device? That way you would recoup most of your money…

[springyzone · Accepted solution]

I can understand your frustration.

I think the problem here is the watch can in fact do what you want it to do-it can be set to specific wake and sleep times.

It does mean you might have to reset it every day.

You say Amazfit's own advertising implies it will track sleep automatically. It probably does track automatically- but only after you set the time frame.

You could try an official ebay claim for not as described, I am not sure how you would go.

If you won, the seller would be up for return postage & you'd just be confusing the issue to try to change it to otherwise.

Technically though, I don't think this really does qualify as not as described. Mind you, that hasn't stopped lots of others making all sorts of claims through ebay and winning.

Your other alternatives are to resell-maybe on marketplace, offering it as new but opened and just saying not suitable for your needs.

You won't get full price back but you may get more than 60%.

Otherwise you could accept the 60% back from the seller.

From what i am reading in countess's post, it doesn't seem there are any smart watches that do exactly what you need them to do.

I don't know a lot about these watches, but maybe instead you could consider anothert smart watch for a different purpose? I suspect they are a bit dearer but my sister has an apple (I think) smart watch, set up to give health reports & it recently warned her of atrial fibrillation. She would not have had a clue otherwise.  A  watch that does health alerts may be more useful in the long run?

If you do decide to investigate smart watches, maybe go into stores and ask to see demos, ask lots of questions, I think it might be safer than buying online.

[sandypebbles]

The OP stated in the heading the item was 'defective' 

Which, as it turns out it is not and the OP bought the wrong thing

That being the case, the seller is within their right to not refund due to change of mind