Is the Garmin official store breaking the law?

14
Posted 5th Nov
So back on the 20th October I placed an order for a Garmin Vivofit Jr 2 for my daughter for Christmas. I used my Vitality Health insurance discount which made it £52 rather than £79, a grossly exaggerated RRP as the same watch is available from other sellers for £60, but a discount is a discount. I digress...

When placing my order I was notified of a 1-2 week processing time, a bit lengthy for a direct order but WAY sooner than Christmas is.

I place my order and keep an eye out for my confirmation email, which arrives swiftly. But, oh, what's this say here? Processing time may take 43 business days?!!! What the juddering F! I sit back and remain patient.

Today I check the status of my order and notice that it's still on "order received" (the next stage being "shipped").

Argos, 2 miles away, now have the same watch in stock at a very similar price.

I think "sod it, cancel the order and pick one up right away" I can live without the £8 for the peace of mind that it will get here before Christmas.

So how do I cancel my online order? By phone, email or online form?

This is where I think the Garmin store are breaking consumer law, as their website states:
"Once the order has been processed no changes or cancellations are possible."

I'm pretty sure they can't do that. I'm outside of my 14 days distance selling cooling off period, but my order hasn't even been dispatched!!!

I've done the only thing possible as of now which is to post a nasty reply on their UK Facebook page, to which I have received a generic customer service response.

Am not happy, but am I correct in my interpretation of the law? Or are Garmin within their rights to keep my money until I receive then subsequently return my order?
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14 Comments
you are not outside the 14 days thing as its from date of receipt, may try to get you to pay for delivery not sure
you may be able to refuse delivery in first place though

thing distance selling says is "normally, fulfil your contractual obligations within 30 days unless otherwise agreed" which garmin are not doing if 43 days (random number?)

bit crappy though!
Did you agree to the terms & conditions in advance of placing an order?
Did you read the cancellation/returns policy before confirming the transaction?

This aside, I believe you should be provided with a facility to cancel your order (as long as the goods are not bespoke/personalised to your predetermined specification):

[ which.co.uk/con…ons ]

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If it is order received status I would say it hasn't been processed. That would be my argument
By the way I'm not sure how you work out that the RRP of £79 for the Vivofit Jr 2 is "grossly exaggerated". The RRP is just that, a recommended or standard price that the manufacturer states, if various retailers are able to sell it cheaper then that is up to them, but it doesn't make the RRP grossly exaggerated as you say. I'd call something like the Sports Direct model, where things are deliberately priced with a very high RRP on the ticket but with the intention of them never actually really being sold at that price as they will have say a semi-permamnent 70% off discount to be an example of an exaggerated RRP. Some shops selling a £79 item for £60 doesn't really fall in to this category of price manipulation, it could just be a current promotional push that has seen shops sell it for less that the stated RRP, the same way that sometimes Echo products are discounted across the various retailers at the same time.

By the way, have you sent them an email yet (or used the Contact Us button on their website if there is one) to ask them if you can cancel the order given the longer than expected waiting time? And how did you pay, was it by Paypal or credit card at all? It could that by using those payment methods you might have a few more options with regards to being able to cancel your order.
Edited by: "Haircut_100" 5th Nov
OP, what is the company name / reg number quoted in the comms you received that accepted / confirmed / waffled about your order?
Only asking cos the "official store" I'm looking at seems to have miserably failed to comply with The Companies (Trading Disclosures) Regulations 2008 which may imply you have purchased from a non-UK branch of the company (similar to the Lenovo UK website that is not based in UK), especially as the shipping page for the "en-GB" site cites US currency and US policies at garmin.com/en-…ng/
and if so: no UK legislation applies.
By the way OP, here is a thought. Why not just go ahead and buy the watch from Argos. Keep hold of the receipt. If your watch from Garmin turns up soon then great, keep it and return the Argos one for a full refund of your £60. And if it doesn't? Then give your daughter the Argos one for Christmas, and then when the Garmin one arrives, which will be exactly the same watch, just return *that* one to Argos with the receipt for a full refund of your £60.
Haircut_10005/11/2019 22:54

By the way OP, here is a thought. Why not just go ahead and buy the watch …By the way OP, here is a thought. Why not just go ahead and buy the watch from Argos. Keep hold of the receipt. If your watch from Garmin turns up soon then great, keep it and return the Argos one for a full refund of your £60. And if it doesn't? Then give your daughter the Argos one for Christmas, and then when the Garmin one arrives, which will be exactly the same watch, just return *that* one to Argos with the receipt for a full refund of your £60.


All products sold by Argos have their catalogue number stuck on the packaging, so it may not work returning the one from Garmin to Argos.
Edited by: "mug51" 5th Nov
Posting a nasty reply was not the only thing possible to do.
jimmy_the_fridge05/11/2019 23:15

Posting a nasty reply was not the only thing possible to do.


Yup. OP is this how you normally deal with things you don't understand? Ever thought of contacting the company first to see if you can resolve the issue before you have a rant on social media and a consumer forum?
mug5105/11/2019 23:09

All products sold by Argos have their catalogue number stuck on the …All products sold by Argos have their catalogue number stuck on the packaging, so it may not work returning the one from Garmin to Argos.


Swap the sticker.
Just contact by phone Southampton based Customer Care service, they would be more than happy to help I believe.
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