Good morning. After a little bit of advice please.

In January I purchased a Fitbit Charge 2 for my daughter. Unfortunately it has stopped charging and no problem solving suggestions have helped. I have a bank statement for the purchase and Argos were able to find a transaction I'D for it as am used my card. Over the weekend I attempted to take it back to store to get a replacement. I was told by the manager that Argos no longer take responsibility for any faulty Fitbit products so I need to deal with them directly.

I explained as best I could my consumer rights and that my contract was with Argos and as such it was their responsibility but this was denied. Having left the store my daughter was in tears as she wasn't getting a replacement (being the soft touch I am, purchased a new one from another store).

I then contacted Argos online hoping for a better outcome and explained my issues but unfortunately their response was basically 'sorry for your store experience please contact Fitbit customer care

So now I'm a bit stuck. What else can I do to get Argos to put this right?

Thanks

Seeing as you paid by card you could go down the route of a Section 75 Chargeback with the bank if Argos are washing their hands of you.

Unfortunately, I made the purchase on a debit card and it seems the section 75 is relating to credit companies from what I have read and is over the 120 days to make a chargeback request

Having now spoken to their online customer service and also their Twitter team, it seems they do not recognise the Consumer Rights Act 2015 and say that Fitbit have accepted all responsibility for products supplied by them.

As I am no longer looking at getting a replacement (as I have already purchased a new device) Fitbit are also unable to help.

Should have purchased it from Amazon

you jumped the gun as you were never entitled to a refund, the merchant had the choice of repair, replacement or refund. Referring the matter back to Fitbit can be OK regarding the repair/replacement as long as it is accepted that your rights remain unchanged.

I didn't ask them for a refund. I gave them the opportunity to repair or replace the faulty one which they chose not to do but asking for me to deal directly with Fitbit. My contract is with Argos and as such, expect them to arrange repair with their supplier not me.

Anyway, I have now lodged a small claim with the court so expect the matter to be resolved relatively soon

Hello Small-Fish

I've spent many hours studying the Consumers Rights Act - it's worth reading and quoted on this group forum. Did you ask your bank if they could refund? If you pay by Debit card as others have said you don't have much "comeback" but banks can be helpful sometimes and they might give you a credit. It's worth a try. I once got a refund from Santander who had wrongly charged me.

I don't think you'll frighten any firm with a small courts threat but there's lots of advice from HMGOV on how to go about it. You have to pay unfortunately.

Kind regards

Get in touch with Fitbit directly, they have a 2 year warranty and they are VERY good. I have the Surge, its known for the strap to come away. I just got in touch with Fitbit and the replaced it with no fuss and without returning the original. I've had 3 replacements already Replacements arrived without a couple of days!

part of a repair/replacement can be sending it back to the manufacturer or their agent as long as it is understood that this is at their expense.

You are likely to win your claim but bear the expense of a day lost to waiting at court.

I didn't ask them for a refund. I gave them the opportunity to repair or replace the faulty one which they chose not to do but asking for me to deal directly with Fitbit. My contract is with Argos and as such, expect them to arrange repair with their supplier not me.

 

Anyway, I have now lodged a small claim with the court so expect the matter to be resolved relatively soon

I gave Argos three separate opportunities to repair or replace the faulty item. As far as I'm concerned, it was not my responsibility to waste my time being on hold and passed from pillar to post chasing a replacement from their supplier. If I wanted to deal with Fitbit, I would have purchased it directly from them but chose instead to 'support the high street'.

That decision was obviously an error on my part and certainly not one I will be making again with Argos. The claim has been submitted and have all the supporting evidence of their insistence that the Act is not relevant in this case as Fitbit had stated to them that they will deal with any technical issues - didn't realise companies could pick and chose when to adhere to the Act but Argos seem to think otherwise.

A day off work to stand up for my rights and show the little people don't always roll over and do as they are told by the big companies is time well spent I think