Currys Apple Watch faulty

sunnystag

Hi. Sorry. New to this buy really need some advice.

My husband bought an Apple Watch for me Xmas 2017. It went faulty last week. I phone currys up and they said take to apple to get a fault report. I did and went back to currys and explained it’s a unit fault. The guy on the phone said they would issue a voucher to replace the watch (full what I had paid) but my husband had to deal with it as he bought it (gdpr). They then had no information on the system when he rang. I rang back and and escalated it. The guy has then said they won’t repair or replace the watch but give me money back at the depreciation value of £131 (the watch was £329 when purchased). I explained that under eu law it states to repair or replace like for like and although they haven’t got a rose gold I’d be happy with another colour or for it to be mended. He refused and will only offer the return of £131.

Can currys do this? They told me to speak to trading standards but as it’s bank holiday weekend they are shut. I’ve been back to store and the manager in there even said that doesn’t seem right at all and not what usually happens.

Many thanks in advance.

BoGoF

Your interpretation of the law is wrong.

The retailer can replace, repair or refund. When refunding they can reduce for use already had. Even in replacing it could be with a similar age used product.

So realistically how much is an 18 month old apple watch worth.....that is what you are entitled to.

sunnystag

So is there specific way it’s decided what it is worth? A percentage over time set out or something currys can decide? It just seems a very low amount compared to the cost of the watch.

GDB2222

"I explained that under eu law it states" - there is no such law.

Under the Consumer Rights Act 2015, your husband (not you) is entitled to a repair or a refund of the depreciated value of the watch. Currys have allowed for the watch to last 36 months. You've had it 22 months, with 14 months remaining of the 36, so they have offered you 14/36 times the original price. (Something like that, anyway. I suggest you check my arithmetic.)

What you could reasonably argue is that the watch has a longer life than 3 years, say 4 years. Then, your refund would be 26/48 times the original price, which is more. You could even try arguing that it should last 5 years.

What you are not entitled to, after all this time, is a full refund or a new watch. I suggest that you check your rights, if you don't believe me.

Aylesbury_Duck

Seems reasonable but a way to check its value it to see what price 20 month old models are selling for on eBay.

sunnystag

Sorry but I’m not being off. I am generally enquiring as I don’t know.

I have been told by apple as it is less than 2 years the currys should replace or repair the item. I don’t know eu law and just found what is has said on the internet. This was the reason for asking on here. People who possibly have a better understanding. The way you have responded makes me for silly for asking. I can understand why people, like myself haven’t asked anything before with the above reply.

sunnystag

Thank you. I’ll look on eBay

BoGoF

Trading standards won't be able to help you as Currys have complied with the CRA. If you want to dispute the amount of refund your husband would need to take them to small claims court with evidence it is worth more.

sunnystag

Series 3 looking between £170 and £230 used.

Aylesbury_Duck

It's up to you whether you contest the amount or accept it and put it towards a replacement.

The law allows the retailer to choose whether to repair, replace or refund and in the case of the latter, make a deduction for use.

powerful_Rogue

sunnystag wrote: »

Sorry but I’m not being off. I am generally enquiring as I don’t know.

I have been told by apple as it is less than 2 years the currys should replace or repair the item. I don’t know eu law and just found what is has said on the internet. This was the reason for asking on here. People who possibly have a better understanding. The way you have responded makes me for silly for asking. I can understand why people, like myself haven’t asked anything before with the above reply.

You don't need to know anything about EU law. Forget about that. It's UK Consumer Rights you need to look at.