Refund on X-Box 360

OneWingedAngel

My boyfriend bought me an X-Box 360 a few days before Christmas as a present from Xtra-Vision. I put a disc in and after playing it for a while I noticed there were a couple of small scratches on it but didn't think too much of it. Because it was Christmas, and because we were visiting relatives a lot, I didn't get to play it again until about halfway through January (at least, if I did get the chance to play it, it wasn't for very long).

Anyway, when I started playing it properly, I started noticing more scratches appearing. Then a couple of weeks ago, I put a disc in and it completely destroyed it. I heard a horrible noise and I instantly took the disc out, it was in bits with scratches. I put it back in, and it wouldn't play it. The 360 had ruined the disc. Since then, it has destroyed another game, Gears of War which was bundled with the console when my boyfriend bought it.

Now, we haven't had too much time what with work to ring and ask about getting our money back, but we have over the last few days. My boyfriend rang the branch that he bought it from, and was told that we were only entitled to a repair. Now I thought that was wrong, as I know that under the Sale of Goods and Supply of Services Act 1980 I am entitled to a refund, a repair, or replacement. They tried to say that I had to go to Micro$oft about it, which is also wrong as I have the contract with Xtra Vision, and not M$. They gave us the number of their head office to ask about a refund there.

Before we rang the head office, we rang the number on this page to make sure that we had our rights right. We told them everything and we were told that we were entitled to a full refund.

So with that knowledge, we rang the head office. The woman that we got through to went completely against what we were told, saying that they have a 28 day returns policy, and that we should have brought it back sooner because it scratched the disc after only a few days, and because we didn't, all they will offer is a repair where they send the console to M$ to get it repaired, and if needs be, replaced.

She was very adamant that the law did not in fact cover our case as we had not acted right away. I kept insisting that I was entitled to my money back, but she was having none of it. So I told her that I will be taking this case to Small Claims Court.

My question is, from what I have said, am I entitled to my money back? I mean, I can't see why I wouldn't be, but I don't want to waste my time going to the Small Claims Court if I'm not going to end up with a full refund.

tbh

OneWingedAngel wrote:

My boyfriend bought me an X-Box 360 a few days before Christmas as a present from Xtra-Vision. I put a disc in and after playing it for a while I noticed there were a couple of small scratches on it but didn't think too much of it. Because it was Christmas, and because we were visiting relatives a lot, I didn't get to play it again until about halfway through January (at least, if I did get the chance to play it, it wasn't for very long).

Anyway, when I started playing it properly, I started noticing more scratches appearing. Then a couple of weeks ago, I put a disc in and it completely destroyed it. I heard a horrible noise and I instantly took the disc out, it was in bits with scratches. I put it back in, and it wouldn't play it. The 360 had ruined the disc. Since then, it has destroyed another game, Gears of War which was bundled with the console when my boyfriend bought it.

Now, we haven't had too much time what with work to ring and ask about getting our money back, but we have over the last few days. My boyfriend rang the branch that he bought it from, and was told that we were only entitled to a repair. Now I thought that was wrong, as I know that under the Sale of Goods and Supply of Services Act 1980 I am entitled to a refund, a repair, or replacement. They tried to say that I had to go to Micro$oft about it, which is also wrong as I have the contract with Xtra Vision, and not M$. They gave us the number of their head office to ask about a refund there.

Before we rang the head office, we rang the number on this page to make sure that we had our rights right. We told them everything and we were told that we were entitled to a full refund.

So with that knowledge, we rang the head office. The woman that we got through to went completely against what we were told, saying that they have a 28 day returns policy, and that we should have brought it back sooner because it scratched the disc after only a few days, and because we didn't, all they will offer is a repair where they send the console to M$ to get it repaired, and if needs be, replaced.

She was very adamant that the law did not in fact cover our case as we had not acted right away. I kept insisting that I was entitled to my money back, but she was having none of it. So I told her that I will be taking this case to Small Claims Court.

My question is, from what I have said, am I entitled to my money back? I mean, I can't see why I wouldn't be, but I don't want to waste my time going to the Small Claims Court if I'm not going to end up with a full refund.

See this thread: http://www.boards.ie/vbulletin/showthread.php?t=2055049639

Seems to be pretty much the same issue as you - the only difference being the time difference.

Nightwish

The onus is on the customer to return the item once it appears to be faulty. The fact that you had left it a number of weeks, before notifying the retailer of the fault, you may have lost out on the refund. The retailer has a choice as to whether to offer you a refund, repair or replacement. Usually there is a period of 28 days from date of purchase, where if the item is faulty a refund will be issued (once the customer has proof of purchase of course). However if the OP had come into the store where I worked, I wouldn't offer a refund - only a replacement.

tvnutz

You are entitled to a repair or replacement if repair is not possible. After the 28 days there is no legal requirment for the retailer or company to give you a refund.

Kensington

Have you the console positioned vertically, by any chance? I remember hearing a while back of a problem whereby the Xbox was scratching discs when it was placed in the vertical, upright position. Placing it horizontally should stop it from scratching the discs.

As regards your entitlement to a refund, as Nightwish says you will have lost out on your entitlement to a refund for the console - when something goes faulty you should report it straightaway, don't leave it unreported as the shop can then argue that you have accepted the fault as part of the ordinary, working nature of the product. And, after 28 days you are only entitled to a repair or a replacement of the product, not a full refund (of course, after multiple repair/replacements of a product without satisfaction, you'd be perfectly entitled to demand a refund). So, going to the SCC will probably make no difference to your outcome. That said though, I would most certainly seek either replacement copies of the destroyed games, or compensation to the value of the games which the console wrecked.