Smart Watch Wrist Burn

Lindesfarne

Hi,
This latest smart watch model caused itching, skin burn after a week or so of wearing (during the day only).
I posted a comment on their forum & soon afterwards I was contacted by the company. They requested I send it to them, which I did FOC. Seems there is nothing wrong with it but they will give me my money back if I sign a disclaimer, and as its now reduced in price (£60 less) that's what I will receive. 
Has anyone had similar & what are my rights?
Thank you.

tacpot12

Under the Consumer Rights Act 2015, you have a right to a full refund as it was not fit for purpose. You don't need to sign the disclaimer to exercise this right, but it's going to be much easier to do so. The fact they have a disclaimer ready and waiting suggests that the watch is known to cause irritation for some people and they don't want the public to know in case it hits sales! 

If the strap is made of latex, you may have a latex allergy and want too avoid other latex products. These days most latex items are also available in non-latex versions. There may even be a third-party watch strap for the smart watch you bought. If there is, you could buy the strap and wear it for a week without the watch to see if it is worth keeping the watch.  

Ath_Wat

tacpot12 said:

Under the Consumer Rights Act 2015, you have a right to a full refund as it was not fit for purpose. You don't need to sign the disclaimer to exercise this right, but it's going to be much easier to do so. The fact they have a disclaimer ready and waiting suggests that the watch is known to cause irritation for some people and they don't want the public to know in case it hits sales! 

If the strap is made of latex, you may have a latex allergy and want too avoid other latex products. These days most latex items are also available in non-latex versions. There may even be a third-party watch strap for the smart watch you bought. If there is, you could buy the strap and wear it for a week without the watch to see if it is worth keeping the watch.  

Surely if you have a latex allergy you can't claim that a watch you have bought with a latex strap is "not fit for purpose"?

diystarter7

Lindesfarne said:

Hi,
This latest smart watch model caused itching, skin burn after a week or so of wearing (during the day only).
I posted a comment on their forum & soon afterwards I was contacted by the company. They requested I send it to them, which I did FOC. Seems there is nothing wrong with it but they will give me my money back if I sign a disclaimer, and as its now reduced in price (£60 less) that's what I will receive. 
Has anyone had similar & what are my rights?
Thank you.

Hello

Do you have an allergy?
Is this a very well-known brand?
Have you searched the net for the same watch and problems like yours and/or done a search re smart watches and
your problem?

How long did you have the watch for?

What outcome are you hoping for?

Thanks

Manxman_in_exile

Lindesfarne said:

...Seems there is nothing wrong with it but they will give me my money back if I sign a disclaimer, and as its now reduced in price (£60 less) that's what I will receive...

What does "... that's what I will receive... " mean?  Are they only going to refund you £60 less than you paid?  Or are you going to take the full refund and buy it again £60 cheaper?  It makes no sense...

sheramber

tacpot12 said:

Under the Consumer Rights Act 2015, you have a right to a full refund as it was not fit for purpose. You don't need to sign the disclaimer to exercise this right, but it's going to be much easier to do so. The fact they have a disclaimer ready and waiting suggests that the watch is known to cause irritation for some people and they don't want the public to know in case it hits sales! 

If the strap is made of latex, you may have a latex allergy and want too avoid other latex products. These days most latex items are also available in non-latex versions. There may even be a third-party watch strap for the smart watch you bought. If there is, you could buy the strap and wear it for a week without the watch to see if it is worth keeping the watch.  

fit for purpose is not specific to one person.

I cannot wear silver plate or gold plate jewellery as my skin reacts with it. That dies not mean it is not fit for purpose for the rest of  world.

born_again

Lindesfarne said:

Hi,
This latest smart watch model caused itching, skin burn after a week or so of wearing (during the day only).
I posted a comment on their forum & soon afterwards I was contacted by the company. They requested I send it to them, which I did FOC. Seems there is nothing wrong with it but they will give me my money back if I sign a disclaimer, and as its now reduced in price (£60 less) that's what I will receive. 
Has anyone had similar & what are my rights?
Thank you.

I get the same if they have the soft rubber bands.  So I always swap to leather or fabric strap. Not a fault as such with the factory fit bands. Just something that reacts to skin/sweat & movement etc. 

Lindesfarne

Hi All, thank you for your replies.

With regards  to cost and refund, I paid full price(£285) for the watch pre ordered  before uk sales commenced in August but have only been offered the current discounted sale price. It should  be understood  that the irritation I have experienced is nothing to do with the strap. The issue  is only occurring where the laser on the rear of the watch interacts with my skin. This happened from day use only after a few days, the watch was not worn overnight and the issue is nothing to with sweat or cleanliness. I noticed irritation soon after I started wearing it, then developed a burn mark on my skin not long afterwards. 
I have seen feedback on forums with similar, but no comments on how their issue was solved. The supplier still has my watch,  they have pressed for me to sign the disclaimer in order to get a reduced refund! If I don't sign it I will not get a refund & they will return the watch.
Thanks 

user1977

Unless they now come with some sort of weaponry option, it's an LED used for the heart rate sensor, not a laser.

I suspect it's one of these things where some people are more sensitive than others to it, rather than a general inherent fault with the watch. I sometimes take mine off for a while if it's getting irritating.

pinkshoes

Lindesfarne said:

Hi All, thank you for your replies.

With regards  to cost and refund, I paid full price(£285) for the watch pre ordered  before uk sales commenced in August but have only been offered the current discounted sale price. It should  be understood  that the irritation I have experienced is nothing to do with the strap. The issue  is only occurring where the laser on the rear of the watch interacts with my skin. This happened from day use only after a few days, the watch was not worn overnight and the issue is nothing to with sweat or cleanliness. I noticed irritation soon after I started wearing it, then developed a burn mark on my skin not long afterwards. 
I have seen feedback on forums with similar, but no comments on how their issue was solved. The supplier still has my watch,  they have pressed for me to sign the disclaimer in order to get a reduced refund! If I don't sign it I will not get a refund & they will return the watch.
Thanks 

It's an LED flashing not a laser. They use LED lights to monitor oxygen levels in hospitals on babies so it won't cause you any harm. 

Are you sure the burning isn't occurring to the watch battery over-heating?

I would tell them you are not signing the disclaimer but are returning the watch under the Consumer Rights Act due to it being FAULTY and you would like a replacement or full refund.

photome

pinkshoes said:

Lindesfarne said:

Hi All, thank you for your replies.

With regards  to cost and refund, I paid full price(£285) for the watch pre ordered  before uk sales commenced in August but have only been offered the current discounted sale price. It should  be understood  that the irritation I have experienced is nothing to do with the strap. The issue  is only occurring where the laser on the rear of the watch interacts with my skin. This happened from day use only after a few days, the watch was not worn overnight and the issue is nothing to with sweat or cleanliness. I noticed irritation soon after I started wearing it, then developed a burn mark on my skin not long afterwards. 
I have seen feedback on forums with similar, but no comments on how their issue was solved. The supplier still has my watch,  they have pressed for me to sign the disclaimer in order to get a reduced refund! If I don't sign it I will not get a refund & they will return the watch.
Thanks 

It's an LED flashing not a laser. They use LED lights to monitor oxygen levels in hospitals on babies so it won't cause you any harm. 

Are you sure the burning isn't occurring to the watch battery over-heating?

I would tell them you are not signing the disclaimer but are returning the watch under the Consumer Rights Act due to it being FAULTY and you would like a replacement or full refund.

OP says in first post that the company have said it isnt faulty and IMO  if it is ok for most people it is fit for purpose as someone else said, some thing just dont suit some people