Apple charging for cosmetic damage before repairing warranty fault on Apple Watch - 8 months old

Lisawilson01

8 months old Apple Watch developed a fault where the battery swollen inside the watch causing the underneath to crack several times. Sent off under warranty, Apple admitted the battery had swollen but i needed to pay £237 + vat for a 1mm scratch repair to outer casing on the front (completely unrelated cosmetic damage) before they can repair the battery issue. Their reasoning behind this is that they have to send the watch back in perfect condition as they give you an extra 90 days warranty or the length of your warranty whichever is longest - well i have 4 months warranty left anyway so not actually gaining anything by them charging this ridiculous amount to repair a scratch i am not bothered or what it was sent in for. They also said they they would be unable to put the watch casing back together due to this 'dent' after repairing the battery, but i have since found out they dont repair the watches anyway, they just replace them. The same charges would apply if i sent this in under consumer law I was told today which i am unable to as it was purchased in NY and my country of residence is UK. I am now left with a watch that i cannot use to it being dangerous and battery could explode if i continue using it, unless i pay over £250 when i paid $435 for only 8 months ago!! Please help. I have put in an official complaint to apple, to be told today not to expect any response from this as all they do is review it internally. 

Lisawilson01

See photos of cracking cause by swollen battery and tiny scratch on outer casing on the front of the watch they want to charge £250 to repair

Aylesbury_Duck

The trouble you have is that the warranty terms are Apple's, and as long as they are abiding by the terms of that warranty, they're in the clear.  As you have now realised, had you bought it from a UK retailer, you should have been able to get a remedy under your consumer rights because the problem appears an inherent one with the battery.  

Have you checked the terms of the warranty, to make sure they are abiding by them?  

Aylesbury_Duck

The other question is: Is the warranty even applicable, given that you bought in the US?  As I understand it, Europe is a different region and your warranty may not be transferrable.  They seem willing to repair it (at a cost) but push too hard and they may not even be obliged to help at all.

Lisawilson01

Yes the product is covered under warranty even though I purchased in the US. My issue is, even if i had purchased it in the UK they are still claiming that under consumer law i would still have to pay the same cost before they can fix the battery issue? So its a lose lose situation.

GrumpyDil

No. If you had purchased if in the UK you would have been able to rely upon your consumer rights directly against the retailer rather than the warranty which is offered by Apple. 

Lisawilson01

The Apple advisor I spoke to today said that even if i made a claim under consumer law in the UK i would still have to pay for the cosmetic damage before they would repair the battery which is rendering the watch useless at the moment.

Aylesbury_Duck

Lisawilson01 said:

Yes the product is covered under warranty even though I purchased in the US. My issue is, even if i had purchased it in the UK they are still claiming that under consumer law i would still have to pay the same cost before they can fix the battery issue? So its a lose lose situation.

They're wrong on the consumer rights point.  If this was a UK purchase, assuming you could reasonably prove the problem is an inherent one, they would have to repair, replace or refund.  But that's irrelevant because you didn't purchase it in the UK, so it isn't really your issue, it's a hypothetical one.

It all comes down to the warranty terms.  If they aren't adhering to them, you have a case.  If they are, you either have to pay or hope they make some sort of goodwill gesture.

Lisawilson01

Thank you - according to Apple's website they state: 
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below.
So this makes no difference as my country of residence is different?

Aylesbury_Duck

Lisawilson01 said:

Thank you - according to Apple's website they state: 
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below.
So this makes no difference as my country of residence is different?

What that's saying is that their warranty sits on top of your consumer rights and cannot detract from them.  You don't have consumer rights under UK law because you bought overseas.  You have consumer rights in the US, but how you exercise them from the UK (and whether you can from here) is the question.  

What do the terms of the warranty say, and are they abiding by them?

mattyprice4004

You have no UK rights as you didn't buy it here - if you had have done, you could have used them.