fitbit issue

patrickc

I received a fitbit versa for a present, it was purchased in Argos on 21st December, opened and used for the first time the 25th December.

The battery doesn't last more than a day on it and is expected to last on average 4 days.
I went back to Argos who phoned fitbit and fitbit took up the matter from there and after following all their steps they are sending me a replacement versa.

However after looking online it seems that there is a problem with many of these versas, am I entitled to a refund if I wanted to get a different brand watch?

It seems argos who were very helpful say it's fitbits issue which it is, but the money wasn't paid to them, so how would it work?

I've accepted the replacement for now, but if the battery is the same I will be looking for a refund and want to know where I stand. thanks in advance.

seamus

There are a few things here;

You, specifically, are entitled to nothing. The legal contract of sale was between Argos and the person who bought you the present. Transferring the item to you, doesn't transfer the contract.

So strictly speaking, both Argos and Fitbit would be in their rights to tell you to go away and get the person who bought the watch to come back.

The second complication is the fact that you are now dealing directly with Fitbit. That they are supplying a replacement directly, effectively removes Argos from the equation. Argos are not supplying the replacement, therefore the quality of that replacement is not their liability.

You (or rather, the purchaser) would have had the right in Argos to refuse to deal with Fitbit and instead deal only with Argos. But since you didn't, Argos are now off the hook.

That said, the fact that Argos called Fitbit on your behalf could be used to argue that Fitbit are acting as an agent for Argos, which means Argos are still on the hook.

In practical terms, Fitbit won't ask you to send the faulty watch back to them. So if the new one turns out to be faulty too, then the person who bought you the present should give you the receipt, you go back to Argos and pretend you never spoke to them before, refuse to speak to Fitbit and instead insist on a refund.

Xterminator

Hi Op

the retailer was obliged to offer one of the 3 rs. Repair/replace refund. You are not automatically entitled to your choice of remedy.
A replacement was offered, and accepted, and your watch is now working.

Get the original receipt -for your records, and keep it.

But you don't have the right to demand a refund because you don't like the brand or model you were gifted even if its because they have a (bad) reputation.

They have met their statutory obligations.

patrickc

Thanks for the replies.

My wife gave me the watch so we have the receipt too if needed.

Cheers