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Christmas Present Disaster (My Rights)

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Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,724 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
     

    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. 
    I have no idea how common it is.  I often warn posters about the possibility not because I know it happens, but because nowadays so many people are so heavily invested in Amazon as their go-to retailer, perhaps with things like Prime video, music, kindle, echo, firestick thrown in, that if their account were to be closed they'd have a lot of redundant kit and a load of hassle.

    I'd certainly think twice about chargeback, S75 or court action against Amazon unless the sum involved was substantial, and I'm not as invested as many are.
  • pinkshoes
    pinkshoes Posts: 20,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    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. 
    Have you contacted Apple to have the Airpods blocked and report them as stolen? As you have the packaging and therefore serial number then you should be able to do this, or perhaps even find out who registered them!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,373 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 2 January at 8:42PM

    I'd certainly think twice about chargeback, S75 or court action against Amazon unless the sum involved was substantial, and I'm not as invested as many are.
    I think first step is to write a nice letter to head office, CS are based overseas and stick to the script, and hope for a positive response. 

    I doubt the staff at head office are then sticking it to the customer by banning them for daring to complain about something :) 
    In the game of chess you can never let your adversary see your pieces
  • TheRams1884
    TheRams1884 Posts: 11 Forumite
    Fifth Anniversary Name Dropper First Post
    pinkshoes said:
    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. 
    Have you contacted Apple to have the Airpods blocked and report them as stolen? As you have the packaging and therefore serial number then you should be able to do this, or perhaps even find out who registered them!
    We have contact Apple yes and with AirPods you can only report them as stolen (or do anything basically) if they are linked to your Apple ID. 

    They did confirm however that the serial number for the AirPods have never been linked to anyone’s account which I found strange. 
  • RefluentBeans
    RefluentBeans Posts: 1,154 Forumite
    1,000 Posts First Anniversary Name Dropper
     

    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. 
    I have no idea how common it is.  I often warn posters about the possibility not because I know it happens, but because nowadays so many people are so heavily invested in Amazon as their go-to retailer, perhaps with things like Prime video, music, kindle, echo, firestick thrown in, that if their account were to be closed they'd have a lot of redundant kit and a load of hassle.

    I'd certainly think twice about chargeback, S75 or court action against Amazon unless the sum involved was substantial, and I'm not as invested as many are.
    Second this. Whilst Amazon may cave and just give you the money back (not worth their time paying expensive lawyers to defend a case that even if they won would make them look rubbish in the media); but they may well just choose to not do business with you. 

    There are multiple cases on this forum and more people online who this has happened to because of chargebacks, threatening them with legal action etc. 

    From amazons point of view you ordered something nearly 6 months ago, and didn’t report it as missing straight away (which is the normal consumer behaviour). Whilst it could be possible that this is a genuine reason, it could be that you have the headphones and trying to get money back too. Whilst I have no reason to not believe your story, Amazon deals with this a lot. 

    If you write a letter to Amazon - go softly with it. Don’t go nuclear of ‘we’re happy to go to court - dare us’ sorta mentality. Instead just list the facts as firm but factual:
    1. You’re within the 6 month window for your consumer rights. The goods haven’t conformed. 
    2. You have proof from Apple that the AirPods haven’t been activated yet - unlikely that you would have them and then claim you haven’t and not use them for 6 months. 


  • Alderbank
    Alderbank Posts: 3,968 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 3 January at 2:29AM
    pinkshoes said:
    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. 
    Have you contacted Apple to have the Airpods blocked and report them as stolen? As you have the packaging and therefore serial number then you should be able to do this, or perhaps even find out who registered them!

    They did confirm however that the serial number for the AirPods have never been linked to anyone’s account which I found strange. 
    Not strange at all. They'll pair with any bluetooth source such as Windows laptops, Samsung phones or any Android device and Apple won't know anything about it.

    You would not have access to some features like Apple's 'find my phones' but you wouldn't want to activate such services anyway if you are pretending you haven't got the devices.
  • doverswot
    doverswot Posts: 61 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Was the seller Amazon or a marketplace seller?  If marketplace seller I’d think that any action would be against them rather than Amazon.
  • TheRams1884
    TheRams1884 Posts: 11 Forumite
    Fifth Anniversary Name Dropper First Post
    Alderbank said:
    pinkshoes said:
    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. 
    Have you contacted Apple to have the Airpods blocked and report them as stolen? As you have the packaging and therefore serial number then you should be able to do this, or perhaps even find out who registered them!

    They did confirm however that the serial number for the AirPods have never been linked to anyone’s account which I found strange. 
    Not strange at all. They'll pair with any bluetooth source such as Windows laptops, Samsung phones or any Android device and Apple won't know anything about it.

    You would not have access to some features like Apple's 'find my phones' but you wouldn't want to activate such services anyway if you are pretending you haven't got the devices.
    That makes sense then, 

    I didn't know if they had to be enabled through an apple device to allow them to work
  • TheRams1884
    TheRams1884 Posts: 11 Forumite
    Fifth Anniversary Name Dropper First Post
    doverswot said:
    Was the seller Amazon or a marketplace seller?  If marketplace seller I’d think that any action would be against them rather than Amazon.
    They were sold by Amazon themselves, there wasn't any fulfilled by Amazon or anything like that it was with Amazon directly. 
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