Smartwatch failed out of warranty - no repair or refund available.

RTD2020

I purchased a Withings Smartwatch in October 2021 from Amazon, paying by credit card.

One of the reasons I bought it rather than a FitBit, Apple watch etc is because you only have to charge it every couple of months.

I didn't use it for a couple of weeks and it was completely dead when I tried to charge it. I contacted customer service, and after trying various things they suggested I left it on charge permanently and after a couple of days it sprang into life. However, it will now only hold charge for around 12 hours before needing recharging, rather than the couple of months as beforehand.

When I contacted customer service they said that the warranty was only for 2 years (so expired October 2023) and they offered me a voucher for a discount of 25% on a new one. I asked for the cost of repairing the watch by replacing the battery, and they said the battery could not be replaced. I said that this was unacceptable for a £280 watch, and that I did not feel that the item was of merchantable quality, and asked for a refund or repair under the Consumer Rights Act 2015.

They then offered a voucher for a 50% discount off a new watch, even after I threatened to take them to the smalls claim court.

Is it worth the effort making a claim with the smalls claim court, and does anybody think that I have a good case and reasonable chance of succeeding?

Looking on various forums this seems a common problem with the watch just dying like this.

I have not heard of any other similarly priced devices where the battery cannot be replaced.

Any advice gratefully accepted, as I've never used the small claims court.

lisyloo

How did you pay?
Just wondering if section 75 via credit card company is an option.

RTD2020

lisyloo said:

How did you pay?
Just wondering if section 75 via credit card company is an option.

Paid Amazon using credit card.

born_again

RTD2020 said:

lisyloo said:

How did you pay?
Just wondering if section 75 via credit card company is an option.

Paid Amazon using credit card.

Amazon direct or a marketplace purchase?

TBH, after 3 years take the 50% off a new watch.

After 3 years use they are entitled to make a deduction for use. 6 years is rule of thumb.

Rodders53

So virtually exactly 3 years use of an item with an expected usable lifetime of, say, somewhere between 4 and 6 years?  You'll need to pay for a report that it's an inherent fault and they can deduct for fair use of the item... which may be the same amount or even less than that 50% offer.

Others may have another view to me (e.g. wrt expected lifetime).

.

RTD2020

born_again said:

RTD2020 said:

lisyloo said:

How did you pay?
Just wondering if section 75 via credit card company is an option.

Paid Amazon using credit card.

Amazon direct or a marketplace purchase?

TBH, after 3 years take the 50% off a new watch.

After 3 years use they are entitled to make a deduction for use. 6 years is rule of thumb.

Bought from Amazon direct.

I don't want another of their watches now that I know that they cannot be repaired. So I'd rather have half the value of the watch as cash, and buy another brand.

DullGreyGuy

Which customer service have you been contacting and getting offers from? Amazon or the Manufacturer?

Aylesbury_Duck

50% doesn't seem unreasonable, so if it's simply that you want cash rather than credit, tell them that.  If they won't budge, you should get the technical report mentioned above and see through your threat of court.  I think you'd be successful, because 50% isn't unreasonable.

DullGreyGuy

Aylesbury_Duck said:

50% doesn't seem unreasonable, so if it's simply that you want cash rather than credit, tell them that.  If they won't budge, you should get the technical report mentioned above and see through your threat of court.  I think you'd be successful, because 50% isn't unreasonable.

not sure if you meant don't think or do think @Aylesbury_Duck? 

"Credit" isn't a resolution under the CRA, the OP is free to accept it if they want but can force it to be one of the statutory resolution of repair, replace or (partial) refund. However it isn't clear who they are dealing with but if I were a guessing person I'd say it's the manufacturer not Amazon and therefore it falls outside of the CRA. 

50% seems a fairly generous offer if its from Amazon and presumably the "credit" is purchase agnostic and so were it me I'd be accepting it as ultimately I will be buying other stuff from amazon and so 50% credit is better than 25% cash

sheramber

Several reports on Withing Consumer forum of battery failing after a 

Company reply is 'we are aware of the problem and working on it'.  - 10 months ago.

https://support.withings.com/hc/en-us/community/posts/18003232825233

Aylesbury_Duck

DullGreyGuy said:

Aylesbury_Duck said:

50% doesn't seem unreasonable, so if it's simply that you want cash rather than credit, tell them that.  If they won't budge, you should get the technical report mentioned above and see through your threat of court.  I think you'd be successful, because 50% isn't unreasonable.

not sure if you meant don't think or do think @Aylesbury_Duck? 

"Credit" isn't a resolution under the CRA, the OP is free to accept it if they want but can force it to be one of the statutory resolution of repair, replace or (partial) refund. However it isn't clear who they are dealing with but if I were a guessing person I'd say it's the manufacturer not Amazon and therefore it falls outside of the CRA. 

50% seems a fairly generous offer if its from Amazon and presumably the "credit" is purchase agnostic and so were it me I'd be accepting it as ultimately I will be buying other stuff from amazon and so 50% credit is better than 25% cash

It was that I do think OP would be successful but yes, you're right on the credit point.  I had muddled this thread with another one from the last few days about this brand of watch - I hadn't heard of it before so it stuck in my mind - and I think on that thread the OP purchased directly from the manufacturer.

Like you, I'd grab the 50% in Amazon credit.  It's as good as cash to me.