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PostPosted: Tue Apr 24, 2012 2:14 am 
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JacksonStone wrote:
A.I. wrote:
'Negotiate' a reasonable amount of $$ to break the deal or take them to small claims claiming 'not as described'.

You've pretty much put it in a nutshell, so I don't know what all the fuss is about. The watch was not delivered as described, insofar as it came with altered paperwork and no warranty, which was not specified as a term of the sale. I think the OP is within his rights to ask for his deposit back. If it isn't worth his time to sue, he might consider negotiating a partial refund - but, imo, he should only do so out of convenience, not because he is legally obligated to cough up his deposit. I'm with RJ on this one.

Beyond that, I'd still like to know why you think the seller should get to keep a $1000 deposit on a $4200 watch, and still keep the watch. What damages theory under contract law justifies that kind of recovery?


Sorry if I seem to contradict myself - I am not a lawyer and realise that European law will differ from Stateside law but the law of common sense should carry some weight here. Why did the OP decide not to go to the AD? To save money? Cake and eat it in my book.

I earlier posted -
Negotiate a reduced return of deposit, say $600 refund as a $1k hit is an unreasonable % of total sale to lose when there is some unwritten dubiety.

The bottom line is - there is some level of 'shared' responsibility and the OP should not get off totally scott free forcing the trader to suffer 'all' the costs - if not from a legal stand point then certainly from a moral one.

Personally if I was the OP I would 'calmly' state my case in the middle of his place of business. I reckon the trader will fold and refund most of the deposit if the OP 'physically' stands his ground - 'calmly'.

Just my 2p.

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PostPosted: Tue Apr 24, 2012 5:23 am 
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giving me trouble on the refund.. he states he will get me a different watch without the last page cut out..

lets see how that goes..
if he cant provide what im asking for ... i will see how far i can take him with refunding my money
its really sad bcs i have dealt with this jeweler for a long time.. i have purchased many other high end watches.
i wonder if not returning my deposit is worth losing a customer he has had for years.

i guess time will tell and what is worth more to him
many other jewelers and watch dealer to be dealing with a jack ass,..
i guess his profit of 500 on the watch means more to him than a customer who has purchased more than 50k in watch and jewelry over the years.

smart move?
i dont think so......


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PostPosted: Tue Apr 24, 2012 10:29 am 
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Elitediamond82 wrote:
giving me trouble on the refund.. he states he will get me a different watch without the last page cut out..

smart move?



- smart move? You betcha!

If the dealer comes through as he says - end of story! :woohoo:


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PostPosted: Tue Apr 24, 2012 11:21 am 
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Elitediamond82 wrote:
he states he will get me a different watch without the last page cut out..

Well, that's interesting. Since Breitling won't honor warranties on watches sold by unauthorized dealers, I'm curious if the dealer means he will get you a watch with a valid factory warranty, or will simply get you one with all paperwork intact, despite the fact the warranty card will be useless.



Elitediamond82 wrote:
its really sad bcs i have dealt with this jeweler for a long time.. i have purchased many other high end watches...more than 50k in watch and jewelry over the years.

If you've purchased that much from him/them, how is it this is suddenly becoming an issue now? Hadn't you figured out before this that grey market goods typically don't come with factory warranties? This actually does change my previous analysis, somewhat. If you go to court, the seller could counter by saying, "I didn't think I had to specify there was no warranty, since the buyer has spent over $50,000 in my store over the years, and never had a problem with it before now. I figured he knew." That might actually be a reasonable defense.


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PostPosted: Tue Apr 24, 2012 11:28 am 
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JacksonStone wrote:
Since Breitling won't honor warranties on watches sold by unauthorized dealers, I'm curious if the dealer means he will get you a watch with a valid factory warranty, or will simply get you one with all paperwork intact, despite the fact the warranty card will be useless.



Grey market dealers can easily sell watches with a valid factory warranty, and if they are prepared to offer a full warranty booklet then this should be the OP's requested approach:

1) AD sells the grey market retailer the watch as a legitimate sale through their books and completes the warranty card
2) Grey market retailer sells the watch to OP as LNIB used watch with full warranty minus the couple of days that it has taken to ship the watch from the AD

Everyone's happy and Breitling will never have reason to question the warranty - it's no different to someone buying the watch and selling it on here.


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PostPosted: Tue Apr 24, 2012 11:32 am 
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JacksonStone wrote:
Well, that's interesting. Since Breitling won't honor warranties on watches sold by unauthorized dealers, I'm curious if the dealer means he will get you a watch with a valid factory warranty, or will simply get you one with all paperwork intact, despite the fact the warranty card will be useless.


And how would Breitling know whether he bought it at the AD or at a greymarket dealer if he gets a valid warranty booklet and later sends the watch to BUSA?

I bet that the AD who sold the watch won't say that it's invalid. So in both cases stated above the warranty would be honored. Right?

EDIT: Roff beat me to it. Sorry for repeating.


Last edited by grenhall on Tue Apr 24, 2012 11:42 am, edited 1 time in total.

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PostPosted: Tue Apr 24, 2012 11:36 am 
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Roffensian wrote:
Grey market dealers can easily sell watches with a valid factory warranty...it's no different to someone buying the watch and selling it on here.

That makes sense when you explain it like that. It's just that it's a virtual mantra with us: grey market = no warranty; so the dealer's claim seemed dubious. I'm guessing that would work in this instance, since it's a one-off sale, whereas sales on a larger scale would start to look suspicious to Breitling, which is why it's not typically done. Am I in the ballpark?


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PostPosted: Tue Apr 24, 2012 11:45 am 
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I will try and help sort this out. Nobody wants to file a small claims case because the costs of the suit will eat up a percentage of the "1000.00 in question". The jeweler has a "duty to mitigate damages" by trying to sell the watch to someone else. If he does and it is over the agreed upon price, then he has no damages--return the 1000.00. If he sells it under--beware the written price plus under table cash-then the OP will owe. I understand the jeweler may have other costs in trying to sell the watch, but this is really what should happen. If it goes to Court, most small claims Judges will inquire as to the relationship of the OP and the jeweler. Frankly, this will probably affect the outcome. Since the OP has bought numerous items in the past, it would seem the OP and the jeweler could resolve this amicably. On the other hand, this is why lawyers stay in business.


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PostPosted: Tue Apr 24, 2012 1:49 pm 
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JacksonStone wrote:
Beyond that, I'd still like to know why you think the seller should get to keep a $1000 deposit on a $4200 watch, and still keep the watch. What damages theory under contract law justifies that kind of recovery?


SA's without a warranty will not get the dealer $4,200 so he needs to keep the deposit to ensure he does not take a loss on the sale after his buyer walked away instead of paying the agreed upon price.

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PostPosted: Tue Apr 24, 2012 2:09 pm 
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pkeung wrote:
SA's without a warranty will not get the dealer $4,200 so he needs to keep the deposit to ensure he does not take a loss on the sale after his buyer walked away instead of paying the agreed upon price.

There's a difference between "keep" and "hold." To me, keep means keep, as in forever, regardless of what might happen with the watch. That's what I was asking A.I. about, since it sounded like that's what he was advocating (which it turns out he wasn't). It sounds like what you mean is "hold," as in hold on to the deposit to guard against loss. If the watch sells for, say, $3900, then the dealer would only be entitled to keep $300 of the deposit, and would have to refund the remaining $700.

Why do you think the SA won't sell for $4200? Chrono24.com shows lots of BNIB, grey market SAs with asking prices well over $4200.


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PostPosted: Tue Apr 24, 2012 4:04 pm 
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JacksonStone wrote:
It's just that it's a virtual mantra with us: grey market = no warranty; so the dealer's claim seemed dubious.



That's because 99.9% of the grey market pieces have the warranty withheld to protect the AD. If there is a full and complete warranty card who cares where it comes from - it's a full and complete warranty from an AD!


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PostPosted: Tue Apr 24, 2012 6:58 pm 
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Roffensian wrote:
That's because 99.9% of the grey market pieces have the warranty withheld to protect the AD. If there is a full and complete warranty card who cares where it comes from - it's a full and complete warranty from an AD!

Makes sense. Like I said in another thread recently, I continue to learn stuff every day on this website.


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PostPosted: Tue Apr 24, 2012 7:11 pm 
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If its the watch you wanted and the price you agreed,buy it.

Its a SA,you wont have any issue with it in the warranty period.

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PostPosted: Tue Apr 24, 2012 7:49 pm 
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davem wrote:
If its the watch you wanted and the price you agreed,buy it.

Its a SA,you wont have any issue with it in the warranty period.


Now thats just not true.

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PostPosted: Thu Apr 26, 2012 6:24 am 
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JacksonStone wrote:
Elitediamond82 wrote:
he states he will get me a different watch without the last page cut out..

Well, that's interesting. Since Breitling won't honor warranties on watches sold by unauthorized dealers, I'm curious if the dealer means he will get you a watch with a valid factory warranty, or will simply get you one with all paperwork intact, despite the fact the warranty card will be useless.



Elitediamond82 wrote:
its really sad bcs i have dealt with this jeweler for a long time.. i have purchased many other high end watches...more than 50k in watch and jewelry over the years.

If you've purchased that much from him/them, how is it this is suddenly becoming an issue now? Hadn't you figured out before this that grey market goods typically don't come with factory warranties? This actually does change my previous analysis, somewhat. If you go to court, the seller could counter by saying, "I didn't think I had to specify there was no warranty, since the buyer has spent over $50,000 in my store over the years, and never had a problem with it before now. I figured he knew." That might actually be a reasonable defense.


i have purchased many watches before..
never with the last page cut out.

usually a watch never needs service before the two year warranty anyway. it somethiong that iw ould like to have on the booklet. im very anal

its also principal


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