‘Refurbished’ replacement?

venna

I have a Withings Scanwatch whose back fell off just over 2 years after buying it. After research here and elsewhere it seems this is a known design flaw and manufacture has now been changed.
Following advice here I requested a replacement under the Consumer Rights Act 2015. Luckily I had bought it in UK (not from Withings directly under French law). 

After 2 weeks of to and fro emails with Withings they are offering me a refurbished replacement with 6 month’s warranty - the original faulty model presumably with the back glued on. In addition this would be ‘bought’ with a 100% value voucher from their site under French law and without CRA 2015 protection. I requested a new replacement but they just reply with refurbished options (no acknowledgment of request).
From other threads (on this board) others have been give a new replacement - the updated watch.
Do I have the right to insist on a new replacement rather than a refurbished one with just 6 months warranty?
Thanks.

Keep_pedalling

You have no right to a new replacement after 2 years of use, the supplier can offer a refund (reduced for the time you have been able to use it) or a replacement or repair the choice is theirs not yours.

I am confused why  you say you did not buy from them direct but have claimed from them rather than the retailer who actually responsible for your consumer rights.

venna

The watch was bought from Amazon in the UK. After reading multiple threads from others who have had the same issue, and addressed it with Withings, I followed suit.
Might it be more appropriate to contact Amazon?

MorningcoffeeIV

If you go via Amazon and they agree it's faulty, the best you'll end up with is a refund of what you paid.

 Is that enough to buy a new one?

venna

Unfortunately the updated watch is a bit more expensive than the original 2+ yrs ago. However it would get around this, and another design flaw which I presume has also been addressed, so may be worth it.
I’ll try and politely ask Withings for a new one once more (they didn’t acknowledge it last time, just repeated themselves) then decide what to do.
Thank you for the advice x

km1500

you are not really entitled to a new one to be honest - you are entitled to a two year old replacement of your old one or the cash equivalent of the value of a 2 year old one.

the_lunatic_is_in_my_head

Keep_pedalling said:

You have no right to a new replacement after 2 years of use, the supplier can offer a refund (reduced for the time you have been able to use it) or a replacement or repair the choice is theirs not yours.

I am confused why  you say you did not buy from them direct but have claimed from them rather than the retailer who actually responsible for your consumer rights.

km1500 said:

you are not really entitled to a new one to be honest - you are entitled to a two year old replacement of your old one or the cash equivalent of the value of a 2 year old one.

The consumer is entitled (has a right) to a repair/replacement in the first instance. The consumer only has the right to a price reduction / the final right to reject for a refund if the trader fails to honour the consumer's right to a repair/replacement. 

The only caveats to that is if one is disproportionate in cost compared to the other or one/both are impossible. 

The retailer doesn't have any choices under the legislation, the consumer has rights and the retailer has obligations.

If it were to end up with a refund that can that either be a price reduction (perhaps the cost of repair) or the original price with a deduction for use applied (rather than the value of another of the same age). 

Whilst there will be instances where the consumer is unlikely to achieve their entitlement to a repair or replacement that doesn't alter that they are entitled to such and the trader doesn't have the mythical choice  

Of course OP's rights are with Amazon, unless there is a warranty with the manufacturer in which case it would be governed by it's the terms.

OP does the manufacturer have social media where you can contact for support, they might be more willing to offer goodwill. 

tightauldgit

venna said:

The watch was bought from Amazon in the UK. After reading multiple threads from others who have had the same issue, and addressed it with Withings, I followed suit.
Might it be more appropriate to contact Amazon?

You mention you want CRA protection but those rights lie with Amazon not the manufacturer. Even if the manufacturer gave you a brand new watch as a replacement you wouldn't have CRA rights with the manufacturer in the event of a problem so I don't think that issue is really important.

Since you are dealing with the manufacturer all that matters is their warranty terms - if they don't say you are entitled to a new watch then you aren't. 

To get anything else you'll have to go via Amazon but again you'd not get a new watch from them - more likely a refund (potentially with a deduction for 2 years usage)  

RefluentBeans

venna said:

The watch was bought from Amazon in the UK. After reading multiple threads from others who have had the same issue, and addressed it with Withings, I followed suit.
Might it be more appropriate to contact Amazon?

Can you confirm what you mean with Amazon? Was it sold and dispatched by Amazon or was it sold by a different company? You can check this in the invoice on Amazon - should have a section on the invoice that states who it’s old by? 

In my understanding, if it’s sold by Amazon then Amazon is the retailer where your CRA apply. If the seller was not Amazon - as far as I understand - the CRA will only apply if the seller is UK. This means the watch company could have a UK listing for the watch, which is warehoused by Amazon, but potentially not have the UK CRA, and instead whatever rights the country where the company is. 

It seems so far you’ve been dealing with the watch people which are honouring a warranty (and the warranty could claim you have a like for like replacement warranty), or they are doing it out of goodwill. 

You need to check who your seller is, and where they’re located. 

sheramber

Was it sold / fullfilled by Amazon?

venna

Thank you for all the advice. Sorry for the delay in response.
The watch was sold and dispatched from Amazon itself. 

Despite being just out of warranty, and knowing it was sold by Amazon, Withings are still offering a refurbished replacement due to this acknowledged design flaw. So credit to Withings for their response.
From the information given above this appears to be a good offer. I was hoping they’d offer the newer model as they have for others (from reports on other boards). As this would get around another annoying, but liveable with, design flaw. I’ll sleep on it (after a very long day at work) and decide what to do tomorrow.
Thank you for your help.