Repeatedly faulty watch

Heya,

Hopefully can get some advice here.

I bought a Samsung Galaxy Watch in September 2022, and it's given me nothing but trouble since I bought it.

I bought it on the 19/09/2022 for £255 plus £69 for the watch strap

First Incident
09/11/2022
A button stopped working
They repaired the watch

Second Incident
07/05/2023
Watch Strap broke
They refused to do anything as watch straps only have 6 months warranty apparrently, I took it on the chin and bought a replacement. Disappointing for a £69 watch strap.

Third Incident
17/05/2023
Watch Rebooting constantly
They repaired the watch

Fourth Incident
19/06/2023
Watch Not charging properly and rebooting constantly
They repaired the watch

Current Incident
Started on 04/09/2023
Initially rebooting, but it temporarily resolved itself, and then constant white screen

Am I fair in being fed up with this? The watch has a two year warranty and in a year it's had 4 watch incidents (not including the strap incident). I have little faith in the watch now, and a repair is just going to make it work for a month or two before it breaks again, this will carry on until the warranty expires and then i'll be up a creek without a paddle.

Every time as well has been a repair, because the watch has the same serial number.

Am I within my rights to demand either a refund or a full replacement (not repair) of the device? They are claiming that they have a 14 day cooling off period and then a refund isn't possible, but my argument would be that under the Consumer Rights Act of 2015, it has to conform to the SAD FART mantra, and it isn't - yet do I have any rights because they are offering to fix it. Is it reasonable, under the law, to be satisifed with having to get it fixed every few months, as the are offering to do it? Or is there any precedent that it isn't reasonable to expect to have to keep repairing an item under the law?

I've considered getting it fixed and then selling it to someone like CeX, but that doesn't seem ethical really considering it's history.

Any advice is greatly appreciated - thanks!

Comments

  • lincroft1710
    lincroft1710 Posts: 17,453
    Photogenic Name Dropper First Anniversary First Post
    Forumite
    You have two avenues to go down. The warranty supplied by the manufacturer and with terms and conditions attached or via the seller by invoking the Consumer Rights Act 2015. You have chosen the former whereas had you used the CRA you would by now have had a new watch or most if not all of your money back.


    May be worth asking the manufacturer to replace the watch as the repairs have failed. 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Okell
    Okell Posts: 607
    First Post Name Dropper
    Forumite
    edited 25 September 2023 at 5:28PM
    @businesstime -  Who did you buy it from?

    If Samsung then even though you appear to have exercised your rights under warranty rather than under the Consumer Rights Act 2015 (legislation.gov.uk), I think that after three failed repairs you are entitled to claim a refund under the legislation on the grounds it is not of satisfactory quality (especially with respect to price and durability).

    Go back to Samsung and tell them that after three failed attempts at repair you are exercising your right under the above legislation to reject the watch for a refund.  (Unfortunately they are entitled to deduct from your refund an amount to reflect the untroubled use you have had of the watch.  ie 12 months use less the time they've had it for repair)

    [Edit:  Or go back to Samsung as lincroft1710 suggests and tell Samsung you want a replacement because of repeated failed repairs.  But unless the warranty says you are entitled to a replacement you can't force them] 

    If you didn't buy it from Samsung it gets much more tricky if you didn't go back to the seller in the first place...  (You can only exercise consumer rights against whoever sold it to you - not the manufacturer)


    Top tip:  in the first instance always use your rights under the legislation linked to above unless a manufacturer's warranty gives you a better deal than the legislation
  • Yeah I bought it from Samsung Online Web store, they are currently refusing point blank to offer a refund, I will keep trying
  • Okell
    Okell Posts: 607
    First Post Name Dropper
    Forumite
    It's not a question of them "offering" a refund.

    The Consumer Rights Act 2015 (legislation.gov.uk) says that in the event of faulty goods the retailer only has one single attempt to either repair or replace them.  If the first attempt at either repair or replacement also fails then the consumer is entitled to a refund - although the seller can deduct from that refund an amount of money to reflect the use of the item that the consumer has enjoyed.  See sections 19 and 24 of the legislation linked to above.

    After several failed attempts at repair I don't think it matters that you did not initially tell them clearly that you were exercising your rights under the legislation rather than any warranty that might also exist.

    Go back to them and tell them that the law says you are entitled to a refund.
Meet your Ambassadors

Categories

  • All Categories
  • 341.7K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.1K Spending & Discounts
  • 233.8K Work, Benefits & Business
  • 606K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards