Fitbit - what are my rights?

Jint
Jint Posts: 22 Forumite
in Consumer rights
Hello, can you help? I bought a fitbit surge (well actually I got it from Boots with my Boots points), in late Jan 2016. By end Aug the strap began to break away at the back, so I emailed Fitbit who sent me a replacement watch. About a month later I started to use the new one. So about beginning of Oct. Then about 3 weeks ago on the new one, the strap has started to come away at the front. I emailed them again and stated I didn't want another surge (the most expensive model they do, rrp £200) as I'd lost faith in it, so could I have something like an Alta rrp £100. They said no, I could have another surge or 50% off a different model (all other models are cheaper than the surge). I keep going back saying I don't want to have to pay £50 towards a £100 watch, in lieu of the faulty £200 watch that I no longer have faith in. They say they are sorry I'm upset and have offered me premium fitbit membership (worth £40 apparently) for a year as well, which I've said I"m not interested in, but won't budge on giving me a different model. What (if anything) can I do?
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Comments

  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Get the surge and sell it.
  • bris
    bris Posts: 10,548 Forumite
    First Post First Anniversary Name Dropper
    You have no contract with Fitbit so there is nothing you can do. Go to Boots as they are who you bought it from in the first place. Your rights are with them.
  • Jint
    Jint Posts: 22 Forumite
    But it's been over a year now since I got the original one from Boots Bris, so it would be out of warranty. The one that's currently broken came directly from Fitbit, not from Boots.
  • Jint
    Jint Posts: 22 Forumite
    Custardy, I thought that but I feel a bit guilty as I know in 6 months time it will break and the person who bought from me will presumably have no comeback?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Jint wrote: »
    But it's been over a year now since I got the original one from Boots Bris, so it would be out of warranty.
    You are confusing a warranty with your statutory rights.

    You have a statutory right to seek a remedy from the seller for up to six years following the sale.
  • Jint
    Jint Posts: 22 Forumite
    Ah, interesting, thanks Wealdroam. Maybe I'll give Boots a call then. x
  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Jint wrote: »
    Custardy, I thought that but I feel a bit guilty as I know in 6 months time it will break and the person who bought from me will presumably have no comeback?

    Yup thats right.
    You are looking at a £100 fitbit,so should be able to sell the Surge to pretty much cover that,plus you get a fresh warranty.
    I use the Charge 2. no issues for me with the strap.
  • Jint
    Jint Posts: 22 Forumite
    Yes, it would work okay for me Custardy but feel a little like I'm selling dodgy goods...
  • custardy
    custardy Posts: 38,365 Forumite
    Name Dropper Photogenic First Post First Anniversary
    Jint wrote: »
    Yes, it would work okay for me Custardy but feel a little like I'm selling dodgy goods...

    Buyer will get the same product bought retail.
  • Jint
    Jint Posts: 22 Forumite
    Called Boots who can't help as the current watch didn't come from them but directly from Fitbit... :(
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