watch dispare

[chrisbee]

Hello
I recently bought an expensive watch from a high street jeweller for my sons 16th birthday in the sales and the watch broke within a few days so I returned it and asked for a replacement, the retailer has refused to replace the watch but has offered a refund, my problem is that the watch has now gone back to full retail value so the refund would not cover the cost of a replacement watch despite several exchanges of emails, store visits and phone calls the store will not budge with their take it or leave it attitude.
Can I insist that the retailer replaces the watch for a new one or do I have to accet the refund?
I know this may seen trivial compared to some problems people have but it is important to my son and I.
Thanks in advance

[des8]

Re: watch dispare

H and welcome
If they are unable to repair the watch you are entitled to a replacement.
This is an extracthttp://whatconsumer.co.uk/returning-...#ixzz3XGfO3y00 , (which is easier reading than the various consumer protection regulations!)
"In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong"

If shop continues to play hard ball, you could try referring to Trading Standards or suing them.