Sony PSP - retailer not accepting return

poolergirl

I bought a Sony PSP in Game in the Square, Tallaght yesterday and when I got home found a crack on the front. I attempted to exchange it today but was told that they would not accept the return and that I had to return it to the manufacturer directly, as Sony would not reimburse them.

Now, I bought it from Game and therefore had a contract of sale with them, surely they are responsible for exchange?

Any advice appreciated!

jimmycrackcorm

They should accept an exchange for the same game.

Mushy

Now, I bought it from Game and therefore had a contract of sale with them, surely they are responsible for exchange?

That is very true. Thats according to the SAles of Goods and Supply of Services Act (cant remember year, being 5 years since I learned all this). The contract is with them and you should be able to exchange with them. AFAIK, they arent let say to return it to the manufacturers

poolergirl

Thanks for the responses.

I checked out www.odca.ie, www.consumerconnect.ie and www.consumerassociation.ie and as you say they state that the retailer must deal with it.

There seems to be an underlying unspoken implication from Game that we are being held responsible for the damage even though we purchased the item in that condition and returned it at the earliest opportunity.

TheDriver

ask for manager and give them the impression you know what you are talking about. Hate game stores as they always treat you like some youngster who doesn't have aclue and needs Mammys hand to hold to do anything....

poolergirl

Yeah we did and got the deputy manager who spent 15 minutes going on about how Sony does not reimburse them for PSPs that get brought back and how then the staff have to personally pay for the damaged PSPs (yeah right - and then went on to say that they never got one brought back before!). We stated that our contract was with Game and that whatever goes on between themselves and Sony is their business not ours but he still was adamant that they would not deal with it.

I have now e-mailed both their head office in the UK and Sony, and I have logged details with the National Consumer Agency, the Consumer Association of Ireland and the Office of the Director of Consumer Affairs and am awaiting responses.

catch--22

Really? that's a terrible response! You're in the right here anyway....just hope it won't be too long before you get it sorted!

Attol

What chancers! You are totally in the right here. The head office will probably sort it and there will be trouuuuuuuble...

ScouseMouse

I think you should post their email address here and everyone should contact them asking why they are treating their customers so badly, not to mention flouting the law.

Lets give it a go !!!

HelterSkelter

Just take em to the small claims court

miju

shop is completely in the wrong here , damaged when you recieved it and therefore you are entitled to a new one at the very least

Kintarō Hattori

Please keep us informed and let us know what happens.

poolergirl

No luck yet. I have e-mailed the Game Head Office numerous times but all you get back is an automated response saying that they deal with a huge number of e-mails. I have written formally to the shop stating my claim and have said that if I don't get a satisfactory response to the letter I will take legal action.

The Office of the Director of Consumer Affairs both e-mailed and rang me - but I am very disappointed with both the National Consumer Agency and the Consumer Association of Ireland as I have had no response from either organisation.

I also got a voicemail from someone in Sony, so I am going to ring him back.

Saruman

I would dispense with all the hassle and do the small claims court thing online! You can ring Game, tell them you are about to sign up for the small claims court so he can decide if he wants to be responsible for having his company dragged through it.
I would also try Joe Duffy or someone like that and maybe even contact one of the tabloids and drag them through it.... the manager will be sorry he ever refused you and will probably be fired after all that

Mountjoy Mugger

From www.game.co.uk

2. What are GAME.co.uk's returns policies?

GAME.co.uk has recently changed its Returns policies to give you more time to return unwanted or duplicate gifts - please see our online policy below.

Any software may be returned for refund or exchange within 28 days of the despatch date, providing that the seal remains unbroken on the software.
Faulty software where the seal has been broken may be returned up to 3 months after the despatch date.
Hardware or peripherals may be opened for the purpose of inspection (but not used) and may be returned for refund or exchange within 28 days of the despatch date. Please note that hardware must contain every component part (cables, memory sticks etc.) before it can be accepted as a return.

Faulty hardware may be returned for a like-for-like exchange up to 12 months of the despatch date.

You can return goods to your nearest GAME Store (check our Store Locator to find your nearest GAME Store). Please note: You must return any item using the original invoice supplied with your product and have your credit or debit card used for the original purchase with you for the store to process the refund.
This does not affect your statutory rights

Print this off, and bring it in to them.

Even though this is their online policy, I'd be amazed if they said the same doesn't apply for physical purchases.

bullrunner

forget going back to them...they refused point blank even when you pointed out the law to them.

Dont go to a small claims court...get yourself a solicitor to sue them for breach of contract. (He'll send them a letter...they'll sh1t themselves and pay up..you'll prob even make some money out of it!)

miju

:rolleyes: :rolleyes: :rolleyes: :rolleyes: :rolleyes:

Saruman

bullrunner wrote:

forget going back to them...they refused point blank even when you pointed out the law to them.

Dont go to a small claims court...get yourself a solicitor to sue them for breach of contract. (He'll send them a letter...they'll sh1t themselves and pay up..you'll prob even make some money out of it!)

Eh the solicitor will charge more than the PSP is worth!!
I advise against this advice.

swingking

you actually don't need a solicitor to go to the small claims court. You pay a certain amount and represent yourself.

The other courts are for higher items such as cars or houses

catch--22

swingking wrote:

you actually don't need a solicitor to go to the small claims court. You pay a certain amount and represent yourself.

The other courts are for higher items such as cars or houses

yeah, cost 15 euro!

okidoki987

Your contract is with Game end of story.
If the goods are defective they have to (by law) replaced or repair to the condition it should have been when bought.
Stand in the shop and insist on a replacement.
Make sure all their customers hear you.
The Joe Duffy idea is also a good one.
Small claims is the last line as you shouldn't need to go down that road.
DO NOT under any circumstances allow them to get away with it.

tvnutz

Mountjoy Mugger wrote:

From www.game.co.uk


Print this off, and bring it in to them.

Even though this is their online policy, I'd be amazed if they said the same doesn't apply for physical purchases.

That returns policy applies to fault goods. The screen is cracked. Warrenty doesn't cover physical damage by the owner. For all they know this customer brought the PSP home,gave it to the kid who accidently dropped it right away and cracked the screen. Not an uncommon thing to happen.

I am not saying that is what happened,the OP seems very genuine. It is quite possible and probable that the PSP was dropped in the store room,most likely from a high shelf. Just how do you prove it is the problem...

Game should be more helpfull though. Its not like she bought it and came back a few days later,it was actualyl returned the same day.They should have went to head office to see what should be done.

Enda89

I remember Xtra-vision tried to pull this sort of **** with me last summer.

They were having a sale and selling off a few DVD's on the cheap. I bought 3 or 4 but when I got home 2 of the discs were faulty. They just froze on the DVD player.

So anyway, I went back in the next day expecting a quick exchange or something like that. What followed was a long drawn out argument that lasted 30 mins.

Firstly, the woman at the counter told me that I must have been careless and "scratched the DVD's with my nail". Then she told me I was sold the DVD in cellofene wrapping [lies] and that it should be perfect from the factory.

Well, I study Business Law in college so I knew a thing or too about who was right or wrong. I quoted her the Sale of Goods Act, told her good were not of merchantable quality. Then I informer her of the right the consumer has to either a Repair, Replacment or Refund. Finally I told her I would be taking the matter further if she didnt give me my refund.

Eventually she gave in and I walked out of there with my money in hand. Needless to say I've never stepped foot in another Xtra-Vision again. I wouldnt give them my business if that's the way they treat their customers.

You just need to know what your rights are when you walk into a situation like that. Once they see that you know a thing or too and you aint no pushover, they'll drop the attitude like a bad habit

poolergirl

tvnutz, no kids in the house and the games bought with the psp are all still in their wrappers.

okidoki987 - did the standing in the shop bit already - they didn't back down

thefinalstage

poolergirl wrote:

tvnutz, no kids in the house and the games bought with the psp are all still in their wrappers.

okidoki987 - did the standing in the shop bit already - they didn't back down

Bring in your solicitor and charge game for his time -_^

cabla

Mushy wrote:

That is very true. Thats according to the SAles of Goods and Supply of Services Act (cant remember year, being 5 years since I learned all this). The contract is with them and you should be able to exchange with them. AFAIK, they arent let say to return it to the manufacturers

i think its 1980 :P

cabla

you could make some money out of it and take them to court...they are effecting your statutory rights...just give them loads of crap about small claims court and sale of good etc acts...they wont be able to come back to that

Garth

okidoki987 wrote:

Your contract is with Game end of story.
If the goods are defective they have to (by law) replaced or repair to the condition it should have been when bought.
Stand in the shop and insist on a replacement.
Make sure all their customers hear you.
The Joe Duffy idea is also a good one.
Small claims is the last line as you shouldn't need to go down that road.
DO NOT under any circumstances allow them to get away with it.

Best.Advice.Ever :rolleyes:

translated: stand in a shop with a physically damaged article, talking loudly for people to hear you and preventing other customers being served. That will make them feel sympathetic to you... NOT!

It'll make you look like a raving lunatic and tick the other customers off -- odds are they'll walk up to the staff member after you and say, "I can't believe people behave like that in public!"

The problem in this case is that the article is damaged, not faulty. Your dispute is whether it arrived damaged or whether you damaged it yourself. I'd take it small claims, GAME will probably concede rather than even bother appearing.

I don't know where people get the idea that standing in a shop being beligerent and shouting is going to get you anywhere -- other than escorted from the shopping centre by security -- is beyond me.

Enda89

Garth wrote:

I don't know where people get the idea that standing in a shop being beligerent and shouting is going to get you anywhere -- other than escorted from the shopping centre by security -- is beyond me.

You'd be suprised. I bought a faulty Grundig Home Cinema DVD system from Dixons about 2 or 3 years ago there. Had nothing but trouble with it [speakers not working, disc tray not opening etc.]

Anyway it was under guarantee so I took it back and they kicked up a fuss saying [as expected] its my fault, im the problem, im an idiot etc etc.

Well I folded my arms, stayed at the counter and said I wasnt going ANYWHERE until this was resolved and there was no chance in hell of me walking out of the shop with a faulty product.

Mind you, I was in the shop the bones of an hour arguing with every kind of manager you can imagine. Eventually they gave in and gave me the value of the product back. Persistance DOES pay off. At the end of the day, I was holding up the whole show in the shop and Dixons had enough of me and just gave me the refund [which I was entitled to in the first place].

I may hav come accross as a bolix to the other people in the shop, but it's good that they say what Dixons are like when you want to bring stuff back!

Likewise my Dad once bought a clock radio in Argos. He brought it back 2 years later when it broke down. He would have been satisfied with a credit note or something but Argos insisted on giving him a brand new one. He now shops in Argos often as "theyre decent for bringing faulty stuff back".

I just dont understand why someone running a business would care so much about refunding a damn PSP. It would make F all difference to their profits and in the long run they should be looking to retain you as a customer.

Just baffles me they way they're treating you over it. I'd be wary of going in there myself now and spending much money

catch--22

Enda89 wrote:

I just dont understand why someone running a business would care so much about refunding a damn PSP. It would make F all difference to their profits and in the long run they should be looking to retain you as a customer.

Just baffles me they way they're treating you over it. I'd be wary of going in there myself now and spending much money

Exactly....I wonder how many customers Game have lost from this simple thread....no matter about word of mouth from the OP! All over some stupid manager who doesn't know what he's at! If he had simply given a quick replacement to the customer they would be happy and prob go back there to buy all their PSP games too.....not now though!

poolergirl

I put in a claim with the Small Claims Court on Monday and today I had a voicemail from the Head of Customer Service in their HO in the UK. It was too late to ring back today, so I will do so tomorrow morning. He said that it should never have got to this, that the issue should have been sorted out in the shop at the time and that he will resolve the matter for me. I will keep you posted.

poolergirl

Forgot to say - I used the Small Claims Court online process. €9 to put in a claim and very user friendly and efficient service - e-mail next day saying claim was accepted and you can log on to check the status on the website using a PIN.

super_furry

GAME in the Square are dreadful to deal with. I've had several problems with them in the past and their managerial attitude appears to be 'tough ****' if you ever have a problem with them.

antoinolachtnai

Don't forget to ask the dude from game for something to cover your trouble and the court fee. (He doesn't have to do this, but if he has any sense, he will.)

tbh

poolergirl wrote:

Forgot to say - I used the Small Claims Court online process. €9 to put in a claim and very user friendly and efficient service - e-mail next day saying claim was accepted and you can log on to check the status on the website using a PIN.

nice one - good on you. Let us know how it went. I was passing by game on Friday so I went in and asked about PSP's (I already have one, but I pretended I was interested in buying one). I said "I assume if there are any problems I can just bring it back?" and the guy said "If there are hardware problems, you'll have to return it to Sony". I said "what? that can't be right, under the sale of goods act my contract is with you, not sony" and he said "that's shop policy I'm afraid" - my cue to say "forget it so" and walk out. It might be a different story if I go in again today

poolergirl

Result: Got a replacement PSP from Game Head Office in UK with 2 free games and a fully functional promo and also a carry cover for the games - they arrived yesterday. We also got to keep the charger, battery etc from the faulty PSP as spares. The HO customer service guy was extremely pleasant to deal with.

mad m

^^ Woo Hoo!!! Great! Been keeping eye on this since you started it....Good to hear you got sorted.

poolergirl **Outside Game,waving new PSP at manager**

poolergirl

That's exactly what I feel like doing (wave it outside Game) but I am sure that Head Office have notified them of the outcome!

mcaul

An Idea -

Send a thank you letter to the HQ in UK and with it send a printed copy of this thread to them - they will be very grateful and you may just see a change of attitude in the branches over here! - You might even get more free stuff!!!!