Be careful when you are gifted items bought on Amazon

JethroUK

nig3d wrote: »

..legally speaking, according the terms and conditions of Amazon, you maybe right. ..

There's no "maybe" about it - and it's nothing to do with Amazon - its THE LAW that give you "rights" and its THE LAW that says you have none in this case

but you should just take that on-the-chin because it does not negate your REAL point about "giftees" having no rights no matter who the item is bought from - maybe time to remind people to leave the receipt in the gift in case they need to return it (albeit not to Amazon )

nig3d

so let me understand, what I thought was a right given by the warranty (not the receipt, but the warranty which I prove is valid through the receipt), is actually an option of the retailer?

I am talking about the right to have the item replaced, not refunded.

Gaggia explicitly told me to call the retailer to replace the item instead to send it to them to repair it.

Is Gaggia wrong about it? I mean, I am not sure if I explained myself correctly in this thread. I have the impression you are giving to much importance on the fact that I said it's a gift, instead of the fact that I have a warranty contract that should cover me even if it's a gift.

neilmcl

nig3d wrote: »

so let me understand, what I thought was a right given by the warranty (not the receipt, but the warranty which I prove is valid through the receipt), is actually an option of the retailer?

I am talking about the right to have the item replaced, not refunded.

Gaggia explicitly told me to call the retailer to replace the item instead to send it to them to repair it.

Is Gaggia wrong about it? I mean, I am not sure if I explained myself correctly in this thread. I have the impression you are giving to much importance on the fact that I said it's a gift, instead of the fact that I have a warranty contract that should cover me even if it's a gift.

But you don't necessarily have a warranty contract. Therefore you have no statutory rights against the retailer as it was gift and you may not have any rights conferred to you via the T&Cs of the warranty either.

nig3d

well I do have a warranty contract

OK so let me add this, since it wasn't clear: Amazon won't respect your warranty right if you receive a gift and you can't get in touch with the original buyer anymore.

I am also not sure if I wrote this, but Amazon was ready to send me the replacement, they were not discussing it. They simply cannot do it because the original buyer disabled my shipping address from his account and I don't have any mean anymore to contact him to tell him to enable the address again.

frugal_mike

The point people are making is that you (the recipient) are not in a contract with the seller or the manufacturer. The buyer is in the contract, and the buyer has the legal and contractual rights. The terms of the warranty may allow the rights to be transferred, but that isn't guaranteed.

powerful_Rogue

powerful_Rogue wrote: »

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?

Just incase you missed this.....

JJG

nig3d wrote: »

well I do have a warranty contract

OK so let me add this, since it wasn't clear: Amazon won't respect your warranty right if you receive a gift and you can't get in touch with the original buyer anymore.
.

You have no warranty right to respect. The contract is with the original purchaser. No shops have to do this but some assume if you have the receipt you were the original purchaser.

nig3d

JJG wrote: »

You have no warranty right to respect. The contract is with the original purchaser. No shops have to do this but some assume if you have the receipt you were the original purchaser.

as far as I know, when you buy a second hand item still in warranty, you buy the warranty as well. Well I always assumed that, but I can be wrong.

nig3d

powerful_Rogue wrote: »

Just incase you missed this.....

I checked the gift page, but I have the item since February.

nig3d

frugal_mike wrote: »

The point people are making is that you (the recipient) are not in a contract with the seller or the manufacturer. The buyer is in the contract, and the buyer has the legal and contractual rights. The terms of the warranty may allow the rights to be transferred, but that isn't guaranteed.

ok this makes sense.

However, again, Amazon was ready to send the item directly to me. The problem is just a system problem due to privacy.
The buyer doesn't need to be involved in the transaction, but Amazon System cannot create a replacement if the buyer doesn't have my address anymore among his shipping addresses.
You may say that even if the item will be sent directly to me, it would be part of the buyer-Amazon contract.

In every case you are just reinforcing the fact that one should pay attention about their rights (that they may or not may have) when they receive gifts.