Fitbit refund

strawb_shortcake

My Daughter purchased a watch from fitbit direct. This has left her with burns on the wrist, fitbit have asked her to return the watch and it will be refunded through PayPal only.

Is this true? She did not pay via PayPal and is unable to access or reset her PayPal account linked to the email address she ordered with.

Yes, she is an adult (18) and should be able to do this herself, but she'd having a bad day I'm just trying to help her.

TY

ArbitraryRandom

I'm assuming she's checked she's actually talking to fitbit and this is in writing rather than over the phone.

Also, has she told them she doesn't have a PayPal account/double checked there's no misunderstanding (some retailers use PayPal as a transaction merchant, even when someone isn't logged in/doesn't have an account - so it would be a strange way to put it, but the refund could theoretically go via PayPal back to the card she used to pay). 

Assuming all of that hasn't helped - How did she pay? 

If she can't receive a refund via PayPal (and has told them, with them refusing any alternative) then you're at a deadlock - at that point, if she paid by card, she might be able to do a chargeback. 

strawb_shortcake

All the conversation has been in writing, via her account then email.

She was only notified this evening refunds would be via PayPal, I told her to refrain from replying this evening and look to see if there are any rules to cite to be refunded via the method she paid - debit card. 

Having done some reading this evening it looks as though previous recalls for fitbits causing burns were done via PayPal, I assume this was done for ease for consumers that bought via other retailers. Her fitbit isn't one that has been recalled, but I wonder if this factor has caused a misunderstanding? 

Okell

Assuming this purchase was subject to the laws of England and Wales* and that your daughter is making a claim under the Consumer Rights Act 2015 (legislation.gov.uk), then any refund should be paid using the same means that she used for the original purchase.

See s20(16):  "If the consumer paid money under the contract, the trader must give the refund using the same means of payment as the consumer used, unless the consumer expressly agrees otherwise."

She should quote this to them.


*Even if Fitbit are outside E&W  (I have a feeling they may be in the Republic of Ireland?) the position should be the same as both UK law and Irish law should be based on the same EU directive.