"GAME" refund entitled?

[stevex41]

Hello all,

 

On the 28th Feb 09 (3 days ago) I bought an XBox 360 game from one of the Guildford stores of GAME.

When I took it home I tried it and the machine told me it was unreadable.

This morning I took it back and asked for a refund. I was told that it was a preowned disc and was therefore not entitled to a refund. I explained that I was under the impression that the disc was new, as I had picked it up from the "new section" and it was still in its wrapper and did not have a "pre-owned" sticker on it.

I asked why I was not entitled to a refund and the manager said "because how can you prove to me that you didn't scratch the disc?"

Obviously I have no way of proving this other than the fact that I don't generally buy things just to damage them and return them!!

In the end they gave me a crfedit note but I told them I wasn't happy as I didn't want to give my business to these people.

Should I of been entitled to a refund here?

[MrShed]

Within 6 months of purchase, they must prove YOU caused the damage.

 

In addition, second hand or not, the item still must comply with SOGA, which means it must be fit for purpose - it clearly isnt.

 

Probably just an anal store manager. I would try the easy way of taking it back to another Game store in the first instance - I would be very surprised if you have the same issue twice.

[MrShed]

Oh OK I see that you already accepted a credit note. Yes, the short answer is you were absolutely entitled to a refund. Depending how much you wish to push it, I would write to Game head office. The behaviour exhibited here is clearly 100% contrary to Games legal obligations, and you should push for a refund, if you feel it is worth it and that you will not use the credit note.

[flyingdoc]

Of course you are entitled to a refund.

 

Under the SOGA the goods you buy have to be "fit for purpose" and this clearly is not.

 

Not only that - the burden of proof is on the store to prove that the goods were fit for purpose when they were sold, not for you to prove that they were not.

 

Take the game back and tell the manager that unless he refunds or replaces the game, you will be speaking to trading standards regarding a breach of the sale of goods act.

 

lol Mr shed obviously types faster than me

[MrShed]

^ wot he sez!

[stevex41]

Thanks for the prompt answers!!

I used the credit note today so I could get out of there! I left feeling somewhat humiliated. I have just contacted their customer relations department so I guess I'll have to wait and see what they say.

Thanks for your help.