Be careful when you are gifted items bought on Amazon

nig3d

I write this to share my experience about the subject.

On February I received a Gaggia Classic espresso machine bought through Amazon by another person. The shipping was addressed directly to me. Today my Gaggia is broken and, while Amazon would be glad to send me a replacement, they are technically not being able to, because the buyer disabled my shipping address from his account and I am not able anymore to get in touch with him.

How stupid is this? Be careful, this scenario could happen to you as well if you won't be able to get in touch with the original buyer that gifted you something.

P.S.: I am now forced to send the item to the manufacturer, but a replacement, which is in my rights, would have been much simpler and better.

InsideInsurance

nig3d wrote: »

I am now forced to send the item to the manufacturer, but a replacement, which is in my rights, would have been much simpler and better.

Its not in your rights:

1) You did not buy the item and so have no contract with the vendor, its the person that bought it from you that has "rights"

2) Assuming youve had it more than a week or two then you've accepted the item and the vendor would have the choice to repair, replace or refund even if you did have rights

Hintza

nig3d wrote: »

but a replacement, which is in my rights,

No it's not see post above mine.

nig3d

Let's put in this way:

legally speaking, according the terms and conditions of Amazon, you maybe right. Therefore I stand correct in saying that you must be careful when you receive gifts from Amazon. Possessing the item and the receipt gives me the full right to call the manufacturer and take full benefit of the warranty, but won't let me ask for a replacement to Amazon.

However, if we don't take in consideration the T&C of Amazon and someone gifted me the item from a normal retail shop, the receipt would have been enough to ask for a replacement if the warranty was stating it. Therefore I stand correct in saying that Amazon T&C is stupid.

powerful_Rogue

Did they send it as a gift, eg - did they tick the "This is a gift" box on the amazon order page, or did they simply purchase it had change the delivery address?

powerful_Rogue

Further to the above post, if the item was sent as a gift - have you tried following the steps in the guide below?

http://www.amazon.co.uk/gp/help/customer/display.html/ref=hp_left_v4_sib?ie=UTF8&nodeId=201149750

Poppie68

InsideInsurance wrote: »

2) Assuming youve had it more than a week or two then you've accepted the item and the vendor would have the choice to repair, replace or refund even if you did have rights

He has had it since February

unholyangel

nig3d wrote: »

Let's put in this way:

legally speaking, according the terms and conditions of Amazon, you maybe right. Therefore I stand correct in saying that you must be careful when you receive gifts from Amazon. Possessing the item and the receipt gives me the full right to call the manufacturer and take full benefit of the warranty, but won't let me ask for a replacement to Amazon.

However, if we don't take in consideration the T&C of Amazon and someone gifted me the item from a normal retail shop, the receipt would have been enough to ask for a replacement if the warranty was stating it. Therefore I stand correct in saying that Amazon T&C is stupid.

Not sure where to start with this.

Possessing a receipt technically still does not give you any rights - however retailers may make an assumption that if you have the receipt, you purchased it yourself and therefore they have a contractual obligation to you.

I dont entirely see what its to do with amazons T&Cs.

But heres something for you to consider....if your friend purchases a gift for you using their card - most retailers are going to insist that a refund is made to the original payment method - even if you have the receipt! So people should take care when receiving gifts that have been paid via card?

Not entirely sure how people can take care when receiving gifts from amazon. As the recipient of a gift, you usually have zero input on where that gift is purchased from or on what terms.

Surely its the buyer who should be taking care to ensure they inform the seller it is a gift prior to the sale being completed so that any rights transfer over.

mattyprice4004

nig3d wrote: »

Let's put in this way:

legally speaking, according the terms and conditions of Amazon, you maybe right. Therefore I stand correct in saying that you must be careful when you receive gifts from Amazon. Possessing the item and the receipt gives me the full right to call the manufacturer and take full benefit of the warranty, but won't let me ask for a replacement to Amazon.

However, if we don't take in consideration the T&C of Amazon and someone gifted me the item from a normal retail shop, the receipt would have been enough to ask for a replacement if the warranty was stating it. Therefore I stand correct in saying that Amazon T&C is stupid.

May be right? He is 100% right. A gift receipt may be a store perk at certain shops, however the rights are 100% with the purchaser.
It's not Amazon's fault you're no longer in touch with them.

You actually have no rights with Amazon, and if the manufacturer didn't offer a separate warranty you'd be stuffed. Be thankful it's getting sorted out at all.

gik

It's not just with Amazon that this problem can arise BTW. You could probably insert most retailers/etailers names in the subject box.

browneyedbazzi

mattyprice4004 wrote: »

May be right? He is 100% right. A gift receipt may be a store perk at certain shops, however the rights are 100% with the purchaser.

The point of a gift receipt from a shop is generally to include the third party recipient of the gift in the contract and give them rights under the contract as per the Contracts (Rights of Third Parties) Act.