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    • Jint
    • By Jint 5th Jun 17, 9:57 AM
    • 18Posts
    • 0Thanks
    Jint
    Fitbit - what are my rights?
    • #1
    • 5th Jun 17, 9:57 AM
    Fitbit - what are my rights? 5th Jun 17 at 9:57 AM
    Hello, can you help? I bought a fitbit surge (well actually I got it from Boots with my Boots points), in late Jan 2016. By end Aug the strap began to break away at the back, so I emailed Fitbit who sent me a replacement watch. About a month later I started to use the new one. So about beginning of Oct. Then about 3 weeks ago on the new one, the strap has started to come away at the front. I emailed them again and stated I didn't want another surge (the most expensive model they do, rrp £200) as I'd lost faith in it, so could I have something like an Alta rrp £100. They said no, I could have another surge or 50% off a different model (all other models are cheaper than the surge). I keep going back saying I don't want to have to pay £50 towards a £100 watch, in lieu of the faulty £200 watch that I no longer have faith in. They say they are sorry I'm upset and have offered me premium fitbit membership (worth £40 apparently) for a year as well, which I've said I"m not interested in, but won't budge on giving me a different model. What (if anything) can I do?
Page 1
    • custardy
    • By custardy 5th Jun 17, 10:09 AM
    • 32,400 Posts
    • 27,167 Thanks
    custardy
    • #2
    • 5th Jun 17, 10:09 AM
    • #2
    • 5th Jun 17, 10:09 AM
    Get the surge and sell it.
    • bris
    • By bris 5th Jun 17, 10:14 AM
    • 6,836 Posts
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    bris
    • #3
    • 5th Jun 17, 10:14 AM
    • #3
    • 5th Jun 17, 10:14 AM
    You have no contract with Fitbit so there is nothing you can do. Go to Boots as they are who you bought it from in the first place. Your rights are with them.
    • Jint
    • By Jint 5th Jun 17, 10:27 AM
    • 18 Posts
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    Jint
    • #4
    • 5th Jun 17, 10:27 AM
    • #4
    • 5th Jun 17, 10:27 AM
    But it's been over a year now since I got the original one from Boots Bris, so it would be out of warranty. The one that's currently broken came directly from Fitbit, not from Boots.
    • Jint
    • By Jint 5th Jun 17, 10:27 AM
    • 18 Posts
    • 0 Thanks
    Jint
    • #5
    • 5th Jun 17, 10:27 AM
    • #5
    • 5th Jun 17, 10:27 AM
    Custardy, I thought that but I feel a bit guilty as I know in 6 months time it will break and the person who bought from me will presumably have no comeback?
    • wealdroam
    • By wealdroam 5th Jun 17, 11:10 AM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    • #6
    • 5th Jun 17, 11:10 AM
    • #6
    • 5th Jun 17, 11:10 AM
    But it's been over a year now since I got the original one from Boots Bris, so it would be out of warranty.
    Originally posted by Jint
    You are confusing a warranty with your statutory rights.

    You have a statutory right to seek a remedy from the seller for up to six years following the sale.
    • Jint
    • By Jint 5th Jun 17, 11:17 AM
    • 18 Posts
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    Jint
    • #7
    • 5th Jun 17, 11:17 AM
    • #7
    • 5th Jun 17, 11:17 AM
    Ah, interesting, thanks Wealdroam. Maybe I'll give Boots a call then. x
    • custardy
    • By custardy 5th Jun 17, 12:06 PM
    • 32,400 Posts
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    custardy
    • #8
    • 5th Jun 17, 12:06 PM
    • #8
    • 5th Jun 17, 12:06 PM
    Custardy, I thought that but I feel a bit guilty as I know in 6 months time it will break and the person who bought from me will presumably have no comeback?
    Originally posted by Jint
    Yup thats right.
    You are looking at a £100 fitbit,so should be able to sell the Surge to pretty much cover that,plus you get a fresh warranty.
    I use the Charge 2. no issues for me with the strap.
    • Jint
    • By Jint 5th Jun 17, 1:21 PM
    • 18 Posts
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    Jint
    • #9
    • 5th Jun 17, 1:21 PM
    • #9
    • 5th Jun 17, 1:21 PM
    Yes, it would work okay for me Custardy but feel a little like I'm selling dodgy goods...
    • custardy
    • By custardy 5th Jun 17, 1:26 PM
    • 32,400 Posts
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    custardy
    Yes, it would work okay for me Custardy but feel a little like I'm selling dodgy goods...
    Originally posted by Jint
    Buyer will get the same product bought retail.
    • Jint
    • By Jint 5th Jun 17, 1:39 PM
    • 18 Posts
    • 0 Thanks
    Jint
    Called Boots who can't help as the current watch didn't come from them but directly from Fitbit...
    • Jint
    • By Jint 5th Jun 17, 3:19 PM
    • 18 Posts
    • 0 Thanks
    Jint
    No, not the same as if they buy it retail as the warranty is only for the original purchaser, so they won't have a warranty.
    • custardy
    • By custardy 5th Jun 17, 4:04 PM
    • 32,400 Posts
    • 27,167 Thanks
    custardy
    No, not the same as if they buy it retail as the warranty is only for the original purchaser, so they won't have a warranty.
    Originally posted by Jint
    Yup,then throw it in the bin.
    I cant change the answers. You cant make them give you a different model.
    • Jint
    • By Jint 5th Jun 17, 4:07 PM
    • 18 Posts
    • 0 Thanks
    Jint
    Sorry Custardy, didn't mean to sound ungrateful. I was just hoping there might be a statutory rights thing that I wasn't aware of. Thanks for trying to help.
    Very annoyed....
    • bris
    • By bris 6th Jun 17, 4:40 PM
    • 6,836 Posts
    • 5,867 Thanks
    bris
    Called Boots who can't help as the current watch didn't come from them but directly from Fitbit...
    Originally posted by Jint
    So I take it you didn't give boots the chance to remedy the problem after the first failure?


    Technically they are right if that's the case, if you bypass the retailer then they don't need to get involved after that. If you go to the retailer first and they tell you to go to Fitbit then they are acting as Boots agents and you retain all rights with boots. it's a cop out from Boots really but right just the same.
    • unholyangel
    • By unholyangel 6th Jun 17, 7:04 PM
    • 11,279 Posts
    • 8,497 Thanks
    unholyangel
    Called Boots who can't help as the current watch didn't come from them but directly from Fitbit...
    Originally posted by Jint

    If the goods were provided under guarantee and its provided with the goods at no extra cost, then it forms part of the contract of sale. Meaning that any repair/replacement carried out under the terms of the guarantee is basically you taking advantage of a contractual term/option - and contractual terms can never be used to limit or remove your statutory rights. Indeed, the guarantee needs to explicitly state that your statutory rights are not affected by the guarantee.


    Different if you purchase an extended warranty though - the warranty would be a linked contract and any repair/replacement would be carried out under that contract for warranty services rather than the contract for the goods.
    Money doesn't solve poverty.....it creates it.
    • Joe Horner
    • By Joe Horner 10th Jun 17, 9:44 PM
    • 4,098 Posts
    • 3,571 Thanks
    Joe Horner
    It appears, looking round online, that the "un-replaceable" strap is, in fact, completely replaceable. It looks a little fiddly thanks to the bluetooth antenna and some glue being used on assembly but straps are available on ebay & Amazon for under a tenner.

    To be honest, having spent the last 20+ years changing watch straps, a year or so like isn't that unusual for rubber / resin ones. Unfortunately companies - starting with Casio - like to invent specific fixing which require specific straps rather than sticking with the tried, tested and utterly reliable 2 lugs with a spring bar between them. It's good for their business because you're tied to them and most consumers don't think that far ahead.

    That's fine if / while replacements are available but sooner or later you end up with a piece of unwearable junk. The only way for that to change is for consumers to start rejecting that sort of design where possible and choosing designs that use a more universal fitting.
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