New York (location of the dealer)
Everything I say here is verifiable with the dealer's advertising on eBay and subsequent communications over email.
In November 2015, a watch dealer sold a Citizen watch to me with the following description:
"In new condition - could possibly have marks on the inside of the bracelet clasp from customers opening and closing in the store."
When I received it, it had two scratches on the face of the watch, which were deep enough, that the Steel was visible under the gold plating.
- I gave a detailed description to the dealer, took a picture under a magnifying glass and requested a replacement from the Dealer.
- The dealer agreed and asked me to send the watch back, he would replace it with one without scratches on its face.
- I waited from November to March, emailing the dealer every ~2 weeks, asking if they sent my replacement watch yet.
- The dealer's responses were always that he was waiting to receive stock, until one day, he said he couldn't get them anymore and if I wished a refund.
- But throughout the entire time from November till March, he was continually selling these watches, on eBay, with his listing claiming he had 3 in stock, 5 in stock, up and down depending on sales.
So I knew he had been lying to me and demanded he fulfill the contract he had with me.
- A couple of months later, only part of my outlay was refunded without message or comment.
Two questions now:
1) Due to travel I could not avoid, its almost a year later now (October 2016) Is it too late to get a lawyer, or can I still try the case?
2) Does the dealer have a legal obligation to provide me with a watch as described and sold to me?
Everything I say here is verifiable with the dealer's advertising on eBay and subsequent communications over email.
In November 2015, a watch dealer sold a Citizen watch to me with the following description:
"In new condition - could possibly have marks on the inside of the bracelet clasp from customers opening and closing in the store."
When I received it, it had two scratches on the face of the watch, which were deep enough, that the Steel was visible under the gold plating.
- I gave a detailed description to the dealer, took a picture under a magnifying glass and requested a replacement from the Dealer.
- The dealer agreed and asked me to send the watch back, he would replace it with one without scratches on its face.
- I waited from November to March, emailing the dealer every ~2 weeks, asking if they sent my replacement watch yet.
- The dealer's responses were always that he was waiting to receive stock, until one day, he said he couldn't get them anymore and if I wished a refund.
- But throughout the entire time from November till March, he was continually selling these watches, on eBay, with his listing claiming he had 3 in stock, 5 in stock, up and down depending on sales.
So I knew he had been lying to me and demanded he fulfill the contract he had with me.
- A couple of months later, only part of my outlay was refunded without message or comment.
Two questions now:
1) Due to travel I could not avoid, its almost a year later now (October 2016) Is it too late to get a lawyer, or can I still try the case?
2) Does the dealer have a legal obligation to provide me with a watch as described and sold to me?
