Google Pixel 2 Warranty claim denied as not the original purchaser

LaNoPHeLeS on 26/06/2018 - 22:30

Hi all. I bought a brand new Pixel 2 XL off ebay that turned out to have a speaker problem (well known issue). I knew the phone was bought from the Google Store and should have 2 years warranty - in fact I actually checked the same with Google before purchase and they said it would be no problem as long as the IMEI lines up on their system.

When I called up to ask for a replacement under warranty they denied it because I didn't have the original order number and email address. Nor does the seller on ebay - who was given one as a gift.

Any thoughts on what I can do? Surely Australian consumer rights must also cover gifts? And when Google themselves can identify the phone on their system, surely that's enough??

Mobile Google Mobile Phone Android

Comments

  • taoz on 26/06/2018 - 22:44
    +1

    should be. just call the ACCC helpline

  • whooah1979 on 26/06/2018 - 22:46

    Do you've a tax invoice or a receipt?

  • Ughhh on 26/06/2018 - 22:59
    +2

    in fact I actually checked the same with Google before purchase and they said it would be no problem as long as the IMEI lines up on their system.

    So it appears your details don't match up with the IMEI details on their system.

    And when Google themselves can identify the phone on their system, surely that's enough??

    If so, probably identified that it doesnt belong to you ie. you could have obtained the phone illegally. Gifts are under same warranty as direct purchase from store, but business' have the right to request a form of proof of purchase.

    • [Deactivated] on 26/06/2018 - 23:14

      What happened to innocent until proven guilty?

      There is no legitimate reason to deny the warranty claim, unless maybe Google has proof it was stolen?

      • Ughhh on 26/06/2018 - 23:30
        +2

        Yes, Google is innocent in terms of illegally denying warranty until OP provides the proof of purchase that the business is legally allowed to request by law.

        https://www.accc.gov.au/consumers/prices-surcharges-receipts…

        • [Deactivated] on 27/06/2018 - 01:11
          -3

          "However, as long as you can reasonably demonstrate that you purchased an item, a business may be breaking the law if it denies your right to a refund, repair or replacement for an item that fails to meet a consumer guarantee."

          Says nothing about being the original purchaser.
          I dare say that an eBay sale is sufficient that the OP purchased the item.

          Are you saying that second hand items have their warranties voided?

        • whooah1979 on 27/06/2018 - 06:08
          +1

          @Drew22:

          Second hand goods with unknown ownership history may have their manufacturer warranty voided. The retailer is well within their rights to ask the customer to provide a tax invoice or a receipt.

        • Ughhh on 27/06/2018 - 06:31
          +3

          @Drew22:

          as long as you can reasonably demonstrate that you purchased an item

          Which op can't….. Ie. No proof of purchase that can be verified by the business. What's to stop anyone from stealing a faulty phone, making up a recipt and claiming warranty. didn't say anything about only original owner…

        • Presence on 27/06/2018 - 07:45

          @Ughhh:

          Or whats stopping the original owner just claiming warranty himself?!

          It doesn't even seen relevant if it's stolen tbh. Google aren't the police. It's none of their business.

          Google would know the date it was purchased by tracking the IMEI. How it got into the hands of the current owner is completely irrelevant.

        • [Deactivated] on 27/06/2018 - 09:58

          @Ughhh:

          You are really clenching at straws here.

          Google doesn't want to provide warranty to anyone but the original purchaser, which is crap.
          People are allowed to sell their phones, and the warranty is still valid.

          End of story.

        • Ughhh on 27/06/2018 - 10:41
          +1

          @Presence:

          If Google's giving out free replacement phones or repairs out of their Pocket… If it's not Google's business, then who's business?

        • Ughhh on 27/06/2018 - 10:43
          +2

          @Drew22:

          I don't make the laws btw, I linked you the page which states what the business can request. If you got a problem with it, complain to someone with power.

          All stores and business require a legit proof of purchase for refunds/exchange etc, why should this case be any different?

        • HighAndDry on 27/06/2018 - 10:46

          @Drew22:

          However, as long as you can reasonably demonstrate that you purchased an item

          Pretty sure this is where OP is having the problem.

        • HighAndDry on 27/06/2018 - 10:58
          +1

          @Drew22: Sure. But if OP found the phone, they're not entitled to a warranty or any ACL protections. If OP stole the phone, likewise. Google is just asking OP to show they obtained the phone legally. Which OP can't do.

        • [Deactivated] on 27/06/2018 - 10:59
          -1

          @HighAndDry:

          Oh, so we just assume that everyone is guilty of theft?

        • Presence on 27/06/2018 - 13:33

          @Ughhh:
          They aren't free. They're required by Australian law and the cost was integrated into the purchase price.

        • HighAndDry on 27/06/2018 - 15:16
          +1

          @Drew22:

          How did you manage to read the second half of my comment but miss:

          But if OP found the phone

          ?

          OP is the one who wants to make a warranty claim. So OP is the one with the onus to show he's entitled to make a warranty claim. This isn't rocket surgery.

        • HighAndDry on 27/06/2018 - 15:23
          +1

          @Presence: They're required by Australian law to customers who're entitled to it. The cost that's integrated into the price is calculated on the basis of providing the warranty to customers who're entitled to it.

        • Ughhh on 27/06/2018 - 16:15
          +1

          @Drew22:

          Why can I imagine you trying to cash a cheque addressed specifically for you at a bank, but then get mad and yell out "what happened to innocent until proven guilty" when you get asked for ID, ID that you didn't have on you. Then complaining to the ACCC, ombudsman, FBI , fair trading Etc that the bank refused to cash your cheque and that your rights have been violated because they didn't accept your Facebook profile as ID.

        • HighAndDry on 27/06/2018 - 16:39
          +1

          @Ughhh: How dare they accuse me of identity theft and trying to defraud the bank? Innocent until proven guilty!

        • [Deactivated] on 27/06/2018 - 16:59

          @Ughhh:

          False equivalence

        • HighAndDry on 27/06/2018 - 17:00

          @Drew22: It's the exact same thing. Here, you're saying:

          Google asking for proof of purchase = accusing OP of being a thief.

          Ughhh is saying, using this logic:

          Bank asking for proof of ID = accusing person of identity theft/fraud.

        • [Deactivated] on 27/06/2018 - 17:04
          -2

          @HighAndDry:

          Garbage.

  • [Deactivated] on 27/06/2018 - 04:12

    Is the pixel warranty transferable?

    I could not find any mention here
    https://support.google.com/store/answer/7540814?hl=en-AU#

    • [Deactivated] on 27/06/2018 - 09:58

      Why would it not be?

    • aNoPHeLeS on 27/06/2018 - 10:07

      Yes the warranty is transferable.. again you need the order number to transfer it…

  • [Deactivated] on 27/06/2018 - 04:13

    Dupe

  • Randxyz123 on 27/06/2018 - 09:12

    I actually checked the same with Google before purchase and they said it would be no problem as long as the IMEI lines up on their system.

    Great. Simply produce that email or proof that you checked and there should be no problem.

    Any thoughts on what I can do? Surely Australian consumer rights must also cover gifts? And when Google themselves can identify the phone on their system, surely that's enough??

    Fairly sure it says you need proof of purchase. If someone gave me a phone or large value item as a gift I’d ask them to take a photo of the receipt so I had proof of purchase should I ever need it.

    • aNoPHeLeS on 27/06/2018 - 10:11

      This is the annoying thing. One department (sales) said it would be fine. Then the tech department that actually deals with warranty-replacement claims denied that that's their procedure. They have evidence of my call but nothing recorded of the conversation.

      • HighAndDry on 27/06/2018 - 11:01
        +1

        I think they assume that you have proof of purchase. That's basically so standard I don't blame them for not spelling it out for you.

  • hikaru78 on 27/06/2018 - 09:40
    +2

    I've asked this question before and never really understood the answer.

    Your rights under Australian consumer law are between you and the place of purchase (not the manufacturer unless you purchase direct)

    Your recourse is with the retailer you purchased from.

    Its been a few years but since i had to deal with but based on the the above i dont think technically that its transferable.

    Happy for anybody to comment on this im probably wrong but hey we all learn

    • aNoPHeLeS on 27/06/2018 - 10:10

      Google store is the original retailer but the phone was a gift that was sold to me on ebay so the seller does not have details of the original purchase from google (and it can't be obtained by seller for whatever unstated reason)

      • follow on 27/06/2018 - 12:54
        +1

        it's not a gift to you though.

        Exceptions to the consumer guarantees:

        The consumer guarantees do not apply to goods or services costing more than $40 000 that are normally used for business purposes (for example, installing industrial air conditioning to a factory premises).
        Additional exceptions apply in some circumstances. These include:
        goods bought from one-off sales by private sellers, such as a private garage sale or school fetes
        goods purchased at a traditional auction
        goods purchased to be resold or transformed into a product that is on-sold
        services for transportation or storage of business goods, or
        fitness for purpose of professional services provided by a qualified architect or engineer.

      • HighAndDry on 27/06/2018 - 15:25

        sold to me on ebay

        Yup. So your rights under the ACL (if any) would be against the seller. But the seller isn't bound by the ACL because they sold it second hand, as-is, and was a private seller (if they didn't provide an invoice).

        You don't have any rights under the ACL.

    • HighAndDry on 27/06/2018 - 15:26
      +1

      A bit of confusion: Warranties are transferable (in most cases). ACL rights are not.

  • chickenteriyaki on 27/06/2018 - 17:53

    @aNoPHeLeS

    Sad to hear, I was actually in a similar situation to you where I was contemplating nabbing a great deal on a 2XL off eBay (again someone who received it as a gift with no invoice). I spoke to the Google Chat teams who confirmed IMEI alone was enough, but digging deeper on the warranty terms and conditions it needed a tax invoice and ultimately was up to Google's discretion. And given the phone was potentially not from the playstore, they could wipe their hands of any responsibility.

    I made the google chat rep send me a transcript of the chat log confirming IMEI is enough - if this is something that can help with your cause, let me know and I'll be happy to share with you.

    • HighAndDry on 27/06/2018 - 18:13

      This might come as a shock to you, but chat logs - even with staff - are not legally binding.

      • follow on 27/06/2018 - 18:42

        in a lot of cases though, it helps greatly. you can pull the "so and so said this" card. they usually end up making a 'one time' concession

        • HighAndDry on 27/06/2018 - 18:52

          Yeah that's true. It's worth a shot because it costs only some time and effort.

  • krunchymoses on 16/11/2023 - 17:34

    If any ozbargainers dig this up to figure out where they stand on a second hand product underpinned by a manufacturers warranty you are basically screwed. It's happening to me at the moment and basically relies on good faith from the retailer for service. I'm dealing with Computer Alliance at the moment from Mount Gravatt in Queensland and while their warranty terms don't say anything about transfers voiding warranty, they have blatantly refused to give me an assurance and insist on giving a refund to the original purchaser. Doesn't help me much.

    Now I am relying on good faith from Intel but they said 'maybe'.

    You wouldn't get that impression from these terms… https://www.computeralliance.com.au/help/warranty-and-suppor…

    But when it comes to buying second hand - buyer beware big time. If someone insists that they are transferring a warranty I would only accept a big box retailer or other brand driven org that MIGHT honour your warranty. A company like Computer Alliance are unlikely to give you any help.

    Obviously going to avoid Computer Alliance in the future but it's been an expensive lesson to learn - don't buy second hand parts with the assumption that the warranty will come with it!

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