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Apple Watch repairs

Can I ask for some advice for the situation I currently find myself in.

Back in February, I purchased an Apple Watch from Currys (using gift cards & my credit card to make up the balance). 2 Weeks ago, I was wearing my watch whilst getting dressed and feeling something snag on my jumper, I noticed the screen had cracked all around the edge and become separate from the rest of the watch. At this point, it's probably worth me saying that I'm absolutely adamant that I didn't knock it/hit it in any way to cause the damage.

I made an appointment with Apple and visited my local Genius bar to try and get it repaired.

At the bar, they said that the watch would need to be sent to the depot to check the watch for damage, which could potentially cost me £182.50 to repair, but hopefully it could be fixed under warranty.

Within a few days I receive an e-mail from Apple saying they need to contact me about the repair. The mail contained a link to the repair (ignore for a minute potential phishing issues - I did log onto my Apple account independently and saw it was valid). Within this, there was a statement that the repair would cost £188.70+tax (so inconstant with the previous cost quote), it did also include 2 photo's. One showing the watch with serial number on a bag and another showing a close-up of the damaged screen and a red box. With no detail what this picture shows, I can only assume they believe they've found a 'strike point' which has caused the crack.

After receiving this, I rang Apple, mainly to query the 'evidence' given as the serial number was definitely from a different watch (plus the watch shown was a different colour).

I was assured that I'd be rung back once my query was checked. I didn't get the call, but checking the e-mailed link again, I noted they'd changed the image to one of the bag and my watched serial number and again another image which shows up the crack on the watch - this time there's nothing to highlight what could be an issue. There's also nothing in the text to explain the fault.

So I've rung them again and after a lengthy call it was agreed that I'm disagreeing with their assessment of the fault (ie they believe I've knocked it to cause the damage), so they would refer this to the Engineering department to verify.

I've today received a call back from Apple saying that the engineering department will stand behind the previous assessment. I'm now given one of 2 options: Either pay the £188.70 to get the watch repaired, or have it sent back to me unrepaired.

So the advice I'm looking for is that I believe I have one of three options...
1) Using this sites advice on Consumer Rights Act 2015, does my description above suggest I have a case to press them to repair the watch under this act, given the watch is not 'Fit for purpose & last a reasonable length of time' and thus press Apple to make the repairs? If they still decline this, do I pay under protest then use Resolver to try and get the costs refunded? Alternatively noting that I paid the balance with my credit card, did Section 75 offer any more protection here?
2) Do I get Apple to send this back to me, to allow me to return it to Curry's to ask them for a replacement under the Consumer Rights Act 2015 (there is a case that they could query the issue with Apple and they could say that the case has already been brought up with them and Apple believe the damage was caused by me, not a fault with the watch)
3) Give up on the above,accept that I'd unknowingly caused the damage, so just pay up and stop wasting people's time

Can anybody please offer any advice which is the best course of action to take?

Thanks in advance!

Comments

  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Option 3 is your only one given the evidence so far.
  • TadleyBaggie
    TadleyBaggie Posts: 6,700 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Occam's Razor would suggest 3) is the most likely explanation, I've not seen any reports that Apple Watch screens crack on their own. I think you are likely to struggle to get Curry's to accept that there was no external force that caused the damage.
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Option 4 claim on your contents insurance if you are covered for accidental damage.
  • Many thanks to those offering advice above. Personally disappointing, but at least I know where I stand
  • Hi There,
    Can you advise the outcome of your situation!? It seems more and more people are saying their watches are cracking and they haven’t knocked them. We bought our daughter a series 3 for Xmas and within 4 days she noticed a crack round the edge. Just wondering if you had any luck with Apple admitting fault as a man in the US has taken them to court recently. Sounds like a design fault, we had the same as you they sent it away and we got two rubbish pictures back which didn’t prove anything.
  • TadleyBaggie
    TadleyBaggie Posts: 6,700 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    The OP hasn't logged on for 9 months, don't hold your breath waiting for an answer.
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