To ask for a refund

[Filterphobia]

I bought a smart watch from FitBit 16/10/22 it became faulty within the first month, so I contacted them and they offered a replacement, which I accepted.
Today the replacement watch has suffered from the same fault, it won’t sync and it’s stuck on the wrong time and I can’t change it. So basically it’s unfit for purpose as I can’t even use it as a basic watch, the time is out by over 6 hours.
I contacted them again this morning and said I would like a refund. They are refusing, and saying the warranty states they only offer replacements.
I have checked consumer advice and under the consumer rights act 2015 it states that you can refuse a second replacement if the first replacement becomes faulty. Fitbit are refusing to budge.
So AIBU to ask for a refund, and if I’m not any suggestions on how I can go about getting this?
The watch cost £199 and is less than 6 months old.
I tried phoning citizens advice but was on hold for 50 mins and then it cut me off.

Based on the value of the item, you should press for a refund rather than a replacement.

Not sure how the law applies in the UK (as you're not in the EU anymore) but this is from eccireland.ie and relates to warranties and statutory rights:

Statutory rights
Statutory rights are provided for by legislation (Irish law and EU law as transposed in Ireland). These act as a kind of “legal guarantee”, entitling consumers to seek redress where an item is faulty. Consumers may rely on their statutory rights regardless of whether an item has a warranty or not.

• Under Irish law, consumers have up to six years to seek redress for faulty or defective items (both new and second-hand).
• If the product is defective, the seller is generally responsible for providing redress.
• If a fault arises within six months of purchase, it is presumed to have existed at the time of purchase. For this reason, the consumer should not have to provide proof of the defect.
• If the fault arises more than six months after purchase, the seller may request that the consumer prove the fault did not arise as a result of misuse – for instance, by obtaining a report from an independent expert.
• Where an item is faulty, the seller may first offer a repair or replacement item. If this is not possible or fails to correct the problem, a refund may then be provided. Remedies for faulty goods must be provided free of charge.

Hope that is some help to you.

I’ve just managed to get through to trading standards they have emailed me a template letter to email over to Fitbit. They have advised as it’s the replacement that has suffered the same fault and it’s within 6 months of purchase I am entitled to a full refund. I have to email them and attach a read receipt and if they don’t reply within 7 days trading standards will escalate it. I’ve got a case reference.

Thanks for all the advice. Sorry that so many are having the same issue. I’ve never heard it called a 💩 bit! I definitely won’t be buying one again.

I'm astonished so many people have had trouble with them. I've owned various models for over 10 years now and never had a problem, and the one time I had to contact customer service, they were very helpful.

I wonder if their acquisition by Google is where they started going downhill.

I’ve had four fitbits in 2 years when this one dies I’m going to an Apple Watch.

I had a 'Fitbit' type of watch and suffered a similar problem with it failing to sync, (if it can't sync it won't update the time) I had to de-install the software on my phone and re-install it and then it was OK - for a while. After it failed again I abandoned it as by then I knew how far 10,000 steps were and that was pretty much all I used it for. I then bought a traditional analogue watch so I didn't have to press buttons to see the time - quite labour saving for me!

Agree. Sounds more likely to be a phone / app issue.

It looks like Fitbit are based in Ireland so I'm not sure how much clout trading standards would have. Luckily Irish consumer rights are very similar to the UK but enforcing them could be tricky if it went as far as court.

How did you pay? If by debit card and you are within 120 days of ordering I would contact the bank for a charge back. If (hopefully) by credit card as I'm assuming the Fitbit was more than £100 I would be actioning a S75 with the card company.

Nothing to stop you doing this as well as contacting Fitbit and hopefully one way or the other you get it resolved quickly.

I don't think they're based in Ireland:

en.m.wikipedia.org/wiki/Fitbit

As others have said - if you paid by credit card, ask the credit card issuer for a refund. You can do this online, it takes minutes.

I had a sync problem. It was because the fitbid app was on my old android phone. Once I downloaded the app on my ipad, it synced perfectly.

Thanks again for the help. I paid via Klarna not on a credit card unfortunately.

FitBit app was down completely yesterday, lots of people couldn't sync, and it happens regularly. So if your watch is on the wrong time you can't even use it for its most basic feature, so annoying. I always check Twitter or down detector when mine starts crashing otherwise I'd have thought my last 2 were faulty too. Good luck OP, I won't be buying FitBit again either!

I’m surprised to read this because Fitbit were amazing with me! My strap started bubbling and they replaced the whole unit 3 times over about 3 years without quibble

A few years ago me and my husband both got fitness watches - he got a Garmin I got a Fitbit hardly any price difference but I didn't think I needed something that 'sporty' as I only ran a couple times a week and just wanted to see heartrate etc - I must have had 4/5 replacements at least - loads of hassle and then mine was (very quietly) on the list of watches that may overheat and burn the user - I ended up with a full refund - I went and bought a Garmin - no issues at all with it I would never buy another Fitbit I know people rave over them but it's just not worth the hassle

Is it the Versa? We had the issue with two of these; both replaced and worked second time. But the software is glitchy -
sometimes they sync, sometimes don’t. I don’t love them I have to say.

Not the point but ive got a Samsung smart watch and its brilliant would recommend if you get another

You're covered for six months, not 30 days under The Consumer Rights Act. Some shops try to hide behind their own 30 day policy, but that's for casew where someone changes their mind. If the item is faulty then you're protected by law well beyond this. (I recently had to contact trading standards after Rex London refused to refund me for a faulty umbrella that broke on first use but two months after I bought it. Funnily enough they denied my refund request twice and then as soon as I quoted the law and said I'd be contacting trading standards they refunded me immediately).

Google Consumer Rights Act 2015 Faulty Goods OP and you'll find plenty of resources to back up that you are legally entitled to a refund as the item is not of satisfactory quality /working order.

And to clarify, they do have to accept this. You are entitled to a refund under law! They can offer you a replacement and you can choose to decline this and pursue a refund. As soon as you read the consumer rights act this all becomes very clear (in the case of Faulty Goods).

I had exactly the same issue, accepted a replacement the first time and fought for weeks for a refund when that also stopped synching / displayed the wrong time, after just a few months.

In the end I had no option but to accept a second replacement.

That is also now playing up.

I am so done with Fitbit and trying to decide what to replace it with.

You do not have a right to a refund, that expired after thirty days. At this point, it is up to the seller to decide whether they want to refund, replace or repair. This is not a matter for trading standards anyway and even if it was, the law does not entitle you to a refund.

Considering the same thing has happened twice, I would suspect user error anyway. I would google the issue and I am sure you will find a fix online.

You need to read it yourself. The right to a refund expires after thirty days, OP has had the second item for four months now.

Sorry should have clarified, their UK operations appear to be based in Ireland. Therefore any action is done under Irish law

Please read OP's update from yesterday where Trading Standards have confirmed exactly the same as what I said! If an item is faulty then the 30 days does not apply. I have read the act. It confirms all of this(!) 🤷🏻‍♀️

you’ve muddied the waters.

In general terms if an item is faulty after that thirty days it’s up to the retailer to decide whether to refund, repair or replace. If a refund is offered it can take into account the length of time you have owned and had use of the item.

however.

If the item is faulty and has already been repaired or replaced then that 30 days doesn’t apply and a refund can be requested.

In OPs case this is the second unit and the replacement that’s failed. She can ask for, and is legally entitled to her refund as the first repair has failed.
Had this been the first failure she could still ask for a refund, but it would be up to Fitbit to decide which option to take.

Take them to the small claims court