Do I have a right to repair/warranty replacement?

akira181

I purchased a Withings Scanwatch 2 years, 2 months ago and last week, the back of the watch randomly came loose (hanging off) after charging. After a quick search on the Withings forums and Reddit, it seems to be a common issue, ~600k posts on the issue on Reddit alone. Whatever glue holding the back on is not fit for purpose and comes apart by itself over time, assumed due to water or heat.

I messaged Withings, whom after some back and forth declared it to be a "hardware issue" and told me that Withings have no authorised repair centre, my watch is out of the 2 year warranty, and offered a 25% coupon for their new £500 Horizon watch.

Considering the Scanwatch cost just shy of £300, the last thing on my mind is to buy another product from Withings. Should Withings repair/replace outside of warranty as this appears to be a manufacturing defect?

What's the status of the EU's right to repair act? Still in perpetual discussion or has there been progress?

the_lunatic_is_in_my_head

Where did you purchase from OP? 

akira181

the_lunatic_is_in_my_head said:

Where did you purchase from OP? 

Purchased from Withings directly

the_lunatic_is_in_my_head

Thanks OP

So your consumer rights lie with them and the position is that the goods do not conform to the contract due to a lack of durability and as such you seeking a remedy of a repair or replacement and if they do not provide one you will be seeking either the right to reject and return the goods or a price reduction and to retain the goods.

The price reduction would be the cost of repair if feasible independently. 

As it's longer than 6 months since delivery they can request you show the problem isn't due to misuse/user error typically done by way of an independent inspection.

The issue is their website says contracts are governed by French law, which that is the same as ours*, enforcing those rights becomes more difficult. 

If rejecting for a refund you'd have to check French law for the procedure IIRC the EU Directive leaves the procedure under which such refunds are arranged to each member state. 

If you can squeeze a part refund out of them to have it repaired somewhere that would be an ideal result considering.  

akira181

Not really ideal as going by what's said on Reddit, Withings seem to show little interest, surprise, or even offer an apology that their watches are breaking and just try to sell you another watch. Even within warranty, it can be a battle to get them to replace.

Even if I do get an independent inspection, the time, cost, and effort to take a company to small claims is just not worth it.

I guess I'll try and use mastic or silicone and glue the back back on myself and steer well clear of Withings permanently.

akira181

Just to give a quick update.

After some emailing back and forth, they tried to claim it was a rare occurrence, they take all claims seriously, carried out an investigation, and have made changes to the manufacturing process so it wouldn't happen again if I bought a new one, and they would sort it if it does. What a brass neck response!

I replied saying it was not a rare occurrence going by the posts online and it was common enough for them to investigate and change their manufacturing process, meaning it's a manufacturing defect and a 25% coupon to buy a new watch is unacceptable (they tried bumping it to a 50% discount for their non-flagship devices too).

After a few more emails, they agreed to replace my watch once I sent it back for a 2nd Gen one as a gesture of goodwill. Goodwill that took nearly 2 weeks to get but goodwill nonetheless.

Lucky, as I found a watch repair shop that was willing to glue it back on for me for £5 (no guarantees, likely no longer waterproof, heart-rate sensor on the back may or may not get damaged in the process). A day later with the email and my watch would be with them already and not on it's way back to Withings.