Christmas Present Disaster (My Rights)

TheRams1884

Hi All, 

Hoping you can help me as I am not sure what my rights are with regards to an issue we have encountered over Christmas. 

I generally like to spread my Christmas present buying throughout the year to remove the burden of a big expenditure around the festive period. 

This year between myself and my sister we were treating our dad to a new set of Apple Airpods (purchased through Amazon). These were purchased in August 2024 received and put away for Christmas day. 

The big day arrives and we are really excited to see him open his present when disaster happens.Manufacturers seals etc removed and box opened to reveal an empty box! Tried to speak to Amazon who have dismissed out of hand saying we are out of the 30 day returns period. 

Do we have any recourse with them through consumer rights etc with items not being as described?

Any assistance greatly appreciated!

Mark_d

Are you saying it has taken you 5 months to discover that the seals were removed and that Amazon sent you an empty box?  You're not expected to open a sealed Airpod box but you are expected to have checked that you were delivered the sealed Airpod box that you ordered.

TheRams1884

Sorry if not clear, we have the Air Pod box, (within the delivery box) that had all manufactures seals etc in tact. We did not want to open the actual product box as it was a present. 

Aylesbury_Duck

Clearly your consumer right is to have the product you purchased.  How did you pay for it?  There may be a route there but I would assume that a card provider will also want some sort of evidence that the airpods were missing when they were originally delivered.

TheRams1884

Unfortunately it was paid for by debit card, I have spoken to my bank and they have said they cannot do anything as it is outside their 90 day policy. 

Aylesbury_Duck

That leaves you the option of sending Amazon a letter before action with the threat of small claims court.  They may settle at the letter stage, they may let you take it to court and the court will decide on the balance of probabilities.  Bear in mind there is the risk that Amazon close your account if they don't take kindly to being taken to court.

Grumpy_chap

In reality, a claim of "item not delivered / received" or "item not as described" is going to be hard to demonstrate after five months.
I would not be certain that a court would assess the balance of probabilities in the OP's favour.

DullGreyGuy

Grumpy_chap said:

In reality, a claim of "item not delivered / received" or "item not as described" is going to be hard to demonstrate after five months.
I would not be certain that a court would assess the balance of probabilities in the OP's favour.

The odds arent going to be great but if the Apple retail packaging was still sealed and given it was for Xmas it is understandable why they wouldn't break the seals and, given the issue, they presumably still have the seals. 

Given how AirPods are sealed, somewhat surprised that someone has managed to remove them, take the goods out, and resealed the box... this however assumes the OP knows how it should be sealed and wasnt fooled into thinking a shrink wrap plastic over the box is how they should arrive etc. 

These things arent however just about your odds in court, they are also about if a company is going to pay to defend a claim or decide its not cost effective to fight it so settle out of court. 

TheRams1884

Thanks for the responses guys, 

We still have the packaging as untouched as we can (given that we have opened it) I have sent Amazon an email and a letter so will see how it all unfolds. 

Grumpy_chap

DullGreyGuy said: 

These things arent however just about your odds in court, they are also about if a company is going to pay to defend a claim or decide its not cost effective to fight it so settle out of court. 

Plus, of course, any other actions the supplying company can take.  I have no direct experience but there have been other threads suggesting that Amazon may pay but then close the account and block the individual, with loss of account facilities that have value such as access to previously paid for stream music... I can't comment with accuracy so passing on my understanding of the hearsay.

the_lunatic_is_in_my_head

Hello OP

You might want to note with Amazon

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

It's down to them to prove the goods did conform (i.e the air pods were in the box). 

If they don't assist the official position is that you exercising the final right to reject as the goods do not conform and a repair or replacement has not been provided so a full refund is due. 

I doubt Amazon will want to go to court, as above they may close your account but (just my opinion) I'm not sure it's as common as is made out on here.