Gifted device broken - warranty not transferrable?

bluebeforeyou

I was gifted a beauty device - a ziip halo - just after Christmas in a slightly unusual way via a friend of a friend. I don't know the person that gave it to me other then via my friend.

The device has broken. It is sold as coming with a two year warranty, but when I contacted ziip they have basically told me because I didn't buy it they won't discuss it with me or offer any support under the warranty.

This seems like awful service. Is it legal? The device costs almost £400 and is less than a month old.

Isthisforreal99

A warranty can stipulate any conditions it wants and is perfectly legal.

Ergates

https://forums.moneysavingexpert.com/discussion/6652942/gifted-device-broken-warranty-not-transferrable

Yup. Also, the consumer rights lie with the person who bought it - so if you want to use that route, then you will have to get them involved.

saajan_12

Why would somene you don't know give you a £100+ gift, yet be someone yo ucan't talk to?

bluebeforeyou

https://forums.moneysavingexpert.com/discussion/comment/81862149#Comment_81862149

why does that make a difference

?

bluebeforeyou

I guess the terms of the warranty can.

But is there not a requirement that something must be fit for purpose for a reasonable amount of time? And if not then the manufacturer should be responsible for sorting?

Alderbank

https://forums.moneysavingexpert.com/discussion/comment/81862198#Comment_81862198

Fit for purpose is probably not part of the warranty, which as said above is whatever the warranty says it is.

The 'fit for purpose' is one of the statutory rights given to the consumer in the Consumer Rights Act 2015.

Those rights are strictly between the consumer (the person who pays for the item) and the trader (the shop or whoever actually sells the item), not the manufacturer.

So the original buyer needs to contact the retailer where they bought it to exercise their consumer rights. Could your friend send them a message?

TadleyBaggie

https://forums.moneysavingexpert.com/discussion/comment/81862198#Comment_81862198

That would be consumer rights (not warranty), which exist solely between the original purchaser and the retailer. Since you are not the former, you have no consumer rights here.

DeathByFluffy

https://forums.moneysavingexpert.com/discussion/comment/81862198#Comment_81862198

Correct, there is - but only the original purchaser has those rights. As it was gifted to you, you do not I'm afraid.

bluebeforeyou

gosh, this is a bit of an eye opener, I had no idea it wasn't the device itself that held the legal requirement of it working for a reasonable time.

Still feels like a way of wriggling out of basic service. The device itself has only been out for about a month, and so it could not possibly be older than this, yet the company are still trying to wriggle out of the fact that it's almost brand new and broken. Mind boggling.

saajan_12

https://forums.moneysavingexpert.com/discussion/comment/81862194#Comment_81862194

Well this forum is generally about practical advice, so if you could speak to them and get them to enforce consumer rights against the retailer and/or warranty with the manufacturer (if any), that would be the advice.

If you couldn't, then based on the specific circumstances there might be some other suggestion. As it would be something rather idiosyncratic that would result in a high value gift to someoen you don't know.