Can I get a refund if my fitness tracker is out of warranty?

QI have a problem with the strap of a Garmin Vivosmart 3 fitness tracker (pictured) that I got for Christmas in 2017. The tracker has a two-year manufacturer’s warranty, which I registered in September 2018 because I had to have the strap replaced. Then in December 2019 it broke completely. Garmin refuses to help, saying it’s out of warranty. Do you have any advice? Marilyn Barratt

ABefore we start, we need to find out precisely when the fitness tracker was bought. This is when the two-year warranty began, not when Marilyn registered it eight months after receiving it as a present.

If the tracker was bought in December 2017, the warranty may just have still been valid when Marilyn complained two months ago, in which case Garmin should have fixed it without hesitation.

If the tracker was bought earlier, the warranty has now expired, forcing Marilyn to seek a refund or replacement through the Consumer Rights Act, which gives customers six years (five in Scotland) to make a claim. This must be made against the retailer that sold the tracker, which may not be Garmin.

The retailer may offer to repair the tracker, but Marilyn doesn’t have to accept this. The law states that customers need only put up with one repair. However, the retailer may argue that it hasn’t yet had a chance to repair the tracker – remember that the strap was first repaired by Garmin, the manufacturer.

In any case, getting a refund won’t be easy because Marilyn would have to prove that she didn’t accidentally damage the strap, nor that it was broken by fair wear and tear. Even if she does prove this, the retailer is entitled to deduct an amount from the refund to reflect the time Marilyn has been using the tracker. CASE ONGOING