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Refund Rights?

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slid_away | 18:33 Wed 30th Dec 2015 | Shopping & Style
8 Answers
Good evening all
My wife bought me a Fitbit watch back in November for a Xmas gift. The box gives a sizing guide and I fell into the large sizing.
She bought the item, but it's was not on a gift receipt. It sat at home patiently waiting to be open for Xmas!
Fastforward a month and a half and I open and tried my new watch.
On setting it up, it said wear the watch a finger width from your wrist bone but for a more accurate reading wear 2-3 fingers above the wrist bone( who wouldn't want the more accurate reading!) with that pushing it further up my wrist it became apparent that I need an X large watch.
Can I take this back on the receipt for a full refund? You can only buy XL on the Fitbit website so need a cash refund.
Any help would be great
Thank you
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Cannot they replace the watch with one to suit you?
I don't think that the shop has to refund you, but many shops will as a gesture of goodwill.
Question Author
They do not stock XL in stores, only online from Fitbit so they can't replace it
You're only entitled to a refund if the item is either
(a) faulty ; or
(b) not 'as described'.

If you can clearly show that the sizing information on the packaging is inaccurate (resulting in you being supplied with a watch that doesn't fit) then it's not 'as described', so you're entitled to a full refund. However if your wife simply purchased the incorrect size then you have no entitlement to a refund (nor to an exchange or credit note).
Question Author
Many thanks for your answer...I will just have to go in and see...just thought I could go in with a bit of legal back up..thanks again
BTW the '2 fingers above the bone' only applies when exercising, least ways it does fot the Charge HR, and frankly it seems to make no difference, in fact as soon as you start to sweat it slips straight down again!
Question Author
I tried it out for the first time today and I'm definitely not getting a accurate reading in the suggested position...72 bpm after a 20 minutes hard cycle ride is not correct!
Question Author
The store took it back and gave me a full refund with no problems at all

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