Apple Watch dispute through Insurance

AmyEwolx

Good Afternoon,

I am looking for advice regarding my Apple Watch Series 5, bought under contract with damage insurance. I have recently smashed the screen in my watch, however I was able to claim through my insurance with o2. My original watch is Rose Gold, this is the colour I picked at purchase and also the colour on my contact. However o2 have sent me 2 replacements that are Space Grey. I have received a call back today stating that they have sent me a ‘default’ colour and that it was explained to myself that the ‘colour’ is not insured. 

I informed o2 that I was not made aware of this and the 3 phone calls I have had with them since they have asked me what colour I have/want and they have also apologised for the mistake. 

They left the phone call stating that customer relations will have to listen over the phone calls now, to determine whether I was informed about the colour. 

My question is: Can they do this under the Consumer Rights Act 2015, Section 11 - which states ‘Goods to be as described’ 

Also my contract states ‘Gold’ watch - original specification. 

Consumer Rights Act 2015, Section 23 - Right to repair or replacement - which states ‘ A replacement would usually need to be identical’

any advice would be appreciated, I am certainly not happy with the colour change, and I would not have purchased a Space Grey one 

JJ_Egan

You claimed under insurance not consumer rights .

If so it all depends upon the T&C of the insurance .

CR does not usually cover you smashing a screen .

AmyEwolx

JJ_Egan said:

You claimed under insurance not consumer rights .

If so it all depends upon the T&C of the insurance .

CR does not usually cover you smashing a screen .

Thank you. Does this apply if I wasn’t informed of the possibility of a different colour? When making the insurance claim?

twopenny

What are the T&C of the insurance cover as JJ said?

You should have received them at the time of taking it out, probably by email and possibly at the same time as the purchase details you mention.

If they aren't in your email folder inbox check your junk mail.

[Deleted User]

The Consumer Rights Act applies to the original watch not the insurance replacement. Read those T&Cs!