exchange or send back

mailrewop

my 360 has just died .i bought my 360 in march of this year in gamestop and i was just wondering if they wud give me a new one or wud they tell me to send it to microsoft.

Flaccus

they will tell you to send it, or you can tell them to look after it since your guarantee is with the store. either way it goes back.

Captain Chaos

mailrewop wrote:

my 360 has just died .i bought my 360 in march of this year in gamestop and i was just wondering if they wud give me a new one or wud they tell me to send it to microsoft.

Take it to the store, they should exchange it right there after checking it out.
I have seen it been done before.

I'm just going to have to buy a new one myself as I'm not paying for pick up and repair and wait over a month, just not worth the time and money for me. I have to pay for it as its not a ring of death failure and I've had it for 18 months.:mad:

Zapp Brannigan

Gamestop should replace it.

Captain Chaos don't pay for it just lie to Xbox and tell them you got the 3 red lights, bingo-bango free repair.

Captain Chaos

I'll give it a try.

I'm just an impatient (sp) person with more money than sense.:D
That and the wait is going to bug me. I really want to play that Ace Combat demo on Live.

Flaccus

Guys,
if your 360 is over a month old most stores will tell you to send it to MS or they will do it for you. Gamestop included.

Frankmagnet

I work in Gamestop and if u have ur receipt and it is in warrenty it will be replaced straight away, no hassle

Flaccus

Really, well that's not your companies policy in Limerick...because at least 3 mates brought there's back and as it was over a month old it had to go back to MS. In fact when you buy the thing in Gamestop they tell you its covered for 30 days by them and after that it's MS. Don't know how many times I have heard staff say this.

Zapp Brannigan

Well it's covered for a year in GAME, don't see why Gamestop wouldn't do that either?

unregd147

Id advise sending it to microsoft for repair even if it is still in warrenty with the shop. The new one will more than likely not have the new heatsink and other stuf they changed(not a clue what it is) and you might end up having to send that one back anyway. Better just to solve the issue here and now!

miju

if you have a receipt and its under one year old your entitled to insist on a replacement from game by Irish consumer law.

You dont have to accept a repair. I went in at the weekend in game in blanchardstown and got mine replaced. they tried fobbing me off tp microsoft but i was insistent and won out.

Zapp Brannigan

miju wrote:

if you have a receipt and its under one year old your entitled to insist on a replacement from game by Irish consumer law.

You dont have to accept a repair. I went in at the weekend in game in blanchardstown and got mine replaced. they tried fobbing me off tp microsoft but i was insistent and won out.

No-one fobs anyone off. I work in that store and all the weekend staff know the protocol when someone brings in an xbox. If it's within a year and if you have proof of purchase you're walking out with a new 360 provided we have stock.

miju

Well thats bad for timing for you because I can tell you now thats complete tosh. For example at 1pm on Friday just gone I was in the shop buying Fight Night 3 (good game BTW) and was behind a guy who had already had 1 xbox exchanged and had the ring of death and was now looking for a 2nd exchange.

The manager / assistant manager and another shop assistant behind the till was telling the customer that they wont exchange it and it will have to go back to Microsoft because his first xbox (which had already been replaced) was now over a year old and that the new xbox wasn't covered by same receipt. Basically completely lying to the customer and fobbing him off.

Anyway, after I'd finished in the que I leant into the customers ear told him his actual consumer rights and that replacement machines have their warranty started all over again and then left the store.

They tried the exact same with me about sending it back to Microsoft when I went in on the Sat but realised very quickly they were getting no-where fast.

Dunno how it finished but after witnessing two staff members lie bare faced to the customer I wont be going back into that store again unless it's to get another exchange on my xbox360

All of the above is 110% FACT

Batesy

Frankmagnet wrote:

I work in Gamestop and if u have ur receipt and it is in warrenty it will be replaced straight away, no hassle

Must be just your shop mate as I bought mine in the Dun Laoghaire branch and the manager served me and made it quite clear that if my 360 failed in the 1st MONTH they'd replace it but after that he showed me a number for MS on my receipt.

Basically said the company policy was to replace the console within the 1st month no questions asked and after that you deal with MS. I think he did say that if you bring in a console after the month they would organise MS to pick it up from the store but he defo said you wont get a new console?

mickoneill30

miju wrote:

Anyway, after I'd finished in the que I leant into the customers ear told him his actual consumer rights and that replacement machines have their warranty started all over again and then left the store.

Any links to back up that "fact". I always thought that a warranty came when you purchased an item. When you get it replaced you're not purchasing a new item. I could be wrong but there's no mention of that fact on the Irish citizens info sites.

Edit:

The only similar info I can find is from an English website (http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0054-1111.txt)

Q. I bought a microwave oven four months ago, and it went wrong. The shop has replaced it with a brand new one, which is working well. They won't, however, give me a new guarantee for this replacement. Can I demand one?

A. No. Remember, guarantees are viewed as being an optional extra, and are provided in addition to your legal rights under the Sale of Goods Act 1979 (as amended). Manufacturers will usually argue that their intention is to provide you with extra protection under the guarantee for a fixed period of time after the initial purchase, often for twelve months. Therefore, no matter how many repairs or replacements you get, it is usual for the manufacturers to stick to this time limit. You can always try negotiating though - sometimes persistence pays off, especially if you have had lots of problems with a particular make or model.

I know we're not in England and the law could be different but if you can supply links to where it says the guarantee restarts when you get a new item in Ireland we'd all benefit.

Edit again. Found some Irish stuff.
You get statuatory rights with everything.
Guarantee is optional but generally every manufacturer gives them but they're decided by the manufacturer. http://www.consumerconnect.ie/eng/Learning_Zone/Jargon_Buster/G%20-%20Guarantee.html
Warranty is generally something you purchase. Like an insurance policy.
http://www.consumerconnect.ie/eng/Learning_Zone/Jargon_Buster/W%20-%20Waiver%20to%20WEEE.html

Am I wrong there?

Batesy

Mine is still goin strong by the way.........fingers crossed! Bought in Feb.

Zapp Brannigan

Yeah Miju, when a console is replaced a guarantee is not renewed. it's what we're told by head office. So if the customers original box was purchased over a year ago, went faulty within that year and was replaced the new one is not guaranteed from replacement date but from original purchase date.

Riesen_Meal

Zapp Brannigan wrote:

Yeah Miju, when a console is replaced a guarantee is not renewed. it's what we're told by head office. So if the customers original box was purchased over a year ago, went faulty within that year and was replaced the new one is not guaranteed from replacement date but from original purchase date.

Surely by the time it ends up in Microsoft Germany they go by the manufacturing date anyway, not a receipt.....

Im guessing!

Zapp Brannigan

Fieldog, I don't know

The only thing that concerns me about what staff are told is that GAME is an english company and I'm not too sure if they look into Irish law when they give us procedures for dealing with faulties.

miju

Zapp Brannigan wrote:

Yeah Miju, when a console is replaced a guarantee is not renewed. it's what we're told by head office. So if the customers original box was purchased over a year ago, went faulty within that year and was replaced the new one is not guaranteed from replacement date but from original purchase date.

well then your head office is wrong breaking the law. the information used to be on the ODCA.ie website before tey changed to consumer connect but I will dig it out and post it.

But basically when anything is replaced then the consumer rights of

Goods must be of merchantable quality – goods should be of reasonable quality taking into account what they are meant to do, their durability and their price
Goods must be fit for their purpose – they must do what they are reasonably expected to do
Goods must be as described - the buyer must not be mislead into buying something by the description of goods or services given orally by a salesperson or an advertisement.

start all over again. This is the same whether its the 20th time something has been replaced

koneko

Warranties can get extended sometimes, say you're in the last month of a warranty or something and you get a replacement, sometimes you can get some months extra to cover the replacement.
But they definitely do not reset. Getting a replacement doesn't mean you get a whole new warranty.

miju

I'm telling you Koneko I 100% for fact that it does. I remember where I read it now ad it was on www.irishstatutebooks.ie so I'm just reading through it now and will post up the relevant article of law

koneko

I'd like to see a page that says that if you can dig it up. I know from experience (work) that you can get an extension on your warranty if you're near the end, but warranties don't reset. Sure, if they did, you could get a replacement near the end each time and never ever run out of warranty. That's not how a warranty works. You're not making a new purchase so there is no new warranty agreement.

TheDoc

In Argos replacements receive a full new warranty. If you receive a new product fresh from a box, you are entitled to that products warranty.

Its not your original purchase.

What people have to remember is that different shops have different policies, and aslong as you are made aware of them its not against the law.

Alot of shops selling 360's dont inform you they cover items for 30 days after that its manafacturer. Now by law the retailer is bound to deal with you for the full warranty, unless its certain circumstances which have been requested by the manafacturer.

MS, apple, dyson are examples of companies who require products not to be replaced but to be sent for repair. This is to test products for faults but also save money on scamming.

So what have we learned?

If your worried about a product breaking and you know in advance they have a ****ty repair (xbox 360) buy in a store that guarantees instant replacement.

Ive had 3 xbox 360's this week from argos no hassle.

mickoneill30

[DM]-TheDOC- wrote:

Ive had 3 xbox 360's this week from argos no hassle.

So for each replacement Xbox they gave you a new receipt or a receipt saying the warranty started at the replacement date?
Edit: Daft question. If the 3 boxes were in the same week it makes no difference. But do they give you a new receipt when you bring something faulty back normally?

Captain Chaos

Zapp Brannigan wrote:

Gamestop should replace it.

Captain Chaos don't pay for it just lie to Xbox and tell them you got the 3 red lights, bingo-bango free repair.

Actually just a few mins ago I tried to switch on my again 360 and bingo, the 3 red lights I was looking for. It took 2 weeks for that to happen.

Also does anyone know the deal abaot getting your hard drive back intact from a repair job? I know not everyone will get the same 360 back that they sent in.

Riesen_Meal

DO NOT, I repeat NOT give them your hardrive, you wont see it again!

Then again, if its only new go for it! As long as you have no Arcade games on it..... as you can only play them when the 360 is connected to Live.....

Captain Chaos

Fieldog wrote:

DO NOT, I repeat NOT give them your hardrive, you wont see it again!

Then again, if its only new go for it! As long as you have no Arcade games on it..... as you can only play them when the 360 is connected to Live.....

It is 18 months old and there is a lot of game save data and Forza 2 custom cars that I'd hate to lose. Thanks for that.

Vegeta

i sent off my hardrive and got it back again

Flaccus

miju wrote:

if you have a receipt and its under one year old your entitled to insist on a replacement from game by Irish consumer law.

You dont have to accept a repair. I went in at the weekend in game in blanchardstown and got mine replaced. they tried fobbing me off tp microsoft but i was insistent and won out.

WRONG!! Please produce the piece of law which says that. The seller is entitled to repair the goods within reasonable time or replace if neccessary. It's not like I can go back to the garage with my 7 month old car and demand a new one if the engine is overheating, without the garage first trying to repair it. Your fooling yourself if you think this is how retailers in this country operate. You just got lucky that they caved.

I was lucky too. Gamestop were kind enough to replace my 360 which was just over the 30 day threshold for sending back to MS, but the new 360 warranty did not reset for anyone interested.

This is interesting. http://www.euroconsumatori.org/16856v18340d18510.html
Doesn't say whether the consumer can insist on repair or replacement. And if the fault occurs in the first 6 months it's deemed to be at time of delivery. After 6 months, you have to prove it. And after 2 years, you have to prove it should have lasted longer. Nowhere does it mention you are entitled to a replacement on the spot.

Some people just seem to think you are.

miju

*sigh* most people know your entitled to a replacement or refund if a product is faulty you DO NOT have to accept a repair. the law on cars is actually seperate to that of electrical products. if you'd read any of the links posted above you'd have seen that

Flaccus

Ok, bad analogy.
I don't know what the *sigh* is about, but there is NO WAY a seller HAS to give you a replacment or refund after 30 days without first considering a repair. Same thing with a TV your bring back or any other electronic goods. They have to check if it's faulty, then repair it and only then offer a replacement or refund if they cannot repair it. This is after the 30 day period from when you bought it. I don't know what world you are living in, but I have yet to come accross a retailer that just goes, "yeah that stereo you bought 8 months ago has a faulty cd player, here have your money back mate". And nowhere in any law does it state you are entitled to an immediate refund or replacement. The manufacturer is always entitled to effect a repair first. Please show me where it says otherwise, as the 1 link you posted does not work, and I don't see what the sale of goods act has to do with anything unless you want to take them to court and proove it's not of merchantible quality or fit for the purposes for which it was intended, which it was until it broke. In which case the judge will ask anyway if you gave the manufacturer a chance to repair it in the first place. Enjoy getting laughed out of the shop and out of court if you think otherwise.

mr.noobie

you are never online anymore liamy how come

miju

Flaccus wrote:

Ok, bad analogy.
I don't know what the *sigh* is about, but there is NO WAY a seller HAS to give you a replacment or refund after 30 days without first considering a repair.

seller can offer to repair but you HAVE the right to refuse it.

Flaccus wrote:

I don't know what world you are living in, but I have yet to come accross a retailer that just goes, "yeah that stereo you bought 8 months ago has a faulty cd player, here have your money back mate".

Well I've come across about 50 mainly the ones who deal with Hotpoint , Indesit , Ariston and Cannon cookers , washing machines , dishwashers. I know because I was the one who had to process them when they came back when I used to work there.

Flaccus wrote:

And nowhere in any law does it state you are entitled to an immediate refund or replacement.

actually thats the very basis of the sale of goods act 1980. still reading through the act to find the exact section. but as read here or here you'll see that you DO have the right to refuse a repair.

Flaccus wrote:

don't see what the sale of goods act has to do with anything unless you want to take them to court and proove it's not of merchantible quality or fit for the purposes for which it was intended, which it was until it broke.

If an xbox doesnt last for more than 6 months then it is not of merchantable qaulity. It doesnt matter whatsoever that it was working for the first six months. It is expected that the xbox will perform its function for a reasonable amount of time using the price & other xboxs as a guide (this is what they do in the small claims court) therefore your consumer rights remain the same.

Flaccus wrote:

In which case the judge will ask anyway if you gave the manufacturer a chance to repair it in the first place. Enjoy getting laughed out of the shop and out of court if you think otherwise.

This actually shows your complete and utter lack of understanding about what you are talking about. Under LAW you have no contract with the manufacturer any warranty they offer is ON TOP of your statutory rights. The problem is the retailers and only the retailers until its over 1 year old (though I'm pretty sure theres an EU law that says two years for electronic items but I dont know much about that one)

Anyways, I'm getting terribly bored of this now. Is that humble pie tasty?

Flaccus

"This actually shows your complete and utter lack of understanding about what you are talking about"

bollox....I know what I am talking about. What I was getting at was giving the retailer/manufactuer i.e. whoever the hell you bought it from a chance to repair it and you know it. I do know the contract is with the seller not the manufacturer but the seller has the right to turn around and say they will get it repaired as it's after the 30 days since you bought it or whatever the policy is they operate. You obviously have the right to refuse the repair (I concede that and never actually argued otherwise) but that's the only point you seem to be making over and over again...refuse the repair. But what do you do then ? Stand there and quote the law that you have the right to refuse the repair probably. Good luck getting a replacement or refund from them with that attitude if they decide to be awkward. You can quote the damn law all you like and some sellers will of course oblige and give you a replacement, but most I bet will tell you to stuff it, and tell you they will repair it as that's what they have agreed with Microsoft in the case fo the 360. Same with Dixons or Currys - they will send the TV, Video, DVD, whatever, back to the manufacturer for repair if its outside a certain length of time since you bought it (could be 30 days, could be more) and not give you a replacement one just like that (they may choose to of course). What, do you really think retailers are just going to land out a replacement or refund when you turn up 10 months later in the shop to say it doesn't work anymore, just because you quote some law to them. They will at least examine the merchandise to see where the fault lies (maybe it accidental damage not covered by warranty). I have personal experience of this with PC World, Compustore and Dixons. Dell are another example. They won't just give you a replacement just like that, they take the system back and try to repair it if it's over a certain no. of days old. If it's an LCD they give you a refurb not new if it's more then 30 days old. And there is squat you can do about it, outside of taking these companies/retailers to court. Of course you could stand there in the shop ranting and raving and demonstrating your knowledge of the law, all the while making a fool out of yourself, and hoping the manager gives you a refund just to get rid of you. Now I'm bored of this conversation.

mailrewop

mr.noobie wrote:

you are never online anymore liamy how come

wat u mean, on MSN.

mr.noobie

mailrewop wrote:

wat u mean, on MSN.

yesh! msn i havent seen or heard from u since the leaving cert tut tut:(
about the console gamestop in town prolly replace it for ya if ya still got the receipt

TychoCaine

Christ Miju, are you sure you know what you're talking about? The cases you cite on the consumer association's website are "merchantable quality" disputes. If the product is DOA, or fails soon after purchase then the product can be assumed to be a dud and not fit for sale. In these cases you are entitled to a refund or replacement, and very few shops these days will argue with you.

What Flaccus is banging on about is failures that happen later, during the period of the warranty and the guarantee (two very seperate things by the way). I've read the 1980 Sale of Goods and Supply of Services act (unlike you) and it is hugely vague. Take a look at it. You might learn somethng. For example, section 16 specifically states that a manufacturer can make himself the supplier of the guarantee, and section 17 says that the seller can tell you at the time of sale that your guarantee is with the manufacturer and as long as the claim process is no more difficult than working with the retailer, he can get away with it. This is exactly what the retailer did when selling stuff to Batesy.

Basically the guarantor can offer you a replacement, refund or repair after the initial period and it's his choice. If he chooses to repair the item he must return it in fully working condition (not including normal wear and tear). If the repair is unsuccessful then you do not have to accept another repair and you can insist on a replacement or refund.

"Standing one's ground" and acting like a c**t is not "getting your rights". It's using intimidation to bully staff into doing something to prevent an a$$hole creating a scene in the shop. It's not clever and not very nice to the staff in the shop. :mad:

Zapp Brannigan

TychoCaine wrote:

and not very nice to the staff in the shop. :mad:

Thank you

monument

As is posted on a sticky on the main games board...

Store policy isn’t the law

According to Irish law, you are only entitled to a refund, a replacement or a repair if a game or console etc is not of merchantable quality, not fit for its normal purpose, or not as described by advertising or wrapping, or something said by the salesperson.

Your rights are weaker for second hand products, and even more so if you are buying from another person rather then a high-street shop.

If you just change your mind, or your PC does not run a game, you are not entitled to refunds or returns. Although some store return policies such as a ‘30-day return’ policy may allow for returns just because change your mind, most of these now require the games to be sealed due to years of abuse of these policies. You also have no rights if you received a product as a gift, only the buyer retains a contract with the retailer.

According to the Consumer Association of Ireland if a product is not of merchantable quality or as descried, 'No Refunds' and 'No Exchanges' signs should be ignored. In such cases you are entitled to a refund, a replacement or a repair.

Althought many retailers blankly disagree with the following two points, the Consumer Association’s website says (1) the choice of a refund, replacement or repair is yours to make and (2) that the retailer, not the manufacturer, is responsible. See their website for more… http://www.consumerassociation.ie/rights_retailers.html

FuzzyWuzzyWazza

monument wrote:

As is posted on a sticky on the main games board...

Thanks monument, I think you have ended a lot of arguing and also added a handy link!!:D

Flaccus

Not really...this link was already posted by Miju and as Tychocaine pointed out, these are "merchantable quality" disputes. But if the product has worked for 11 months, and fails on month 12..ok you are claiming it's not of merchantible quality and your contract is with the retailer..fair enough. But then again maybe the seller told you when you bought the item that the manufacturer is responsible for the guarantee. And he can do under section 17 of sale of goods act. At the end of the day if the seller decides he wants the thing repaired you can refuse it it you want, but he mightn't give you your money back or a replacement without at least trying to get the item repaired. This is the reality in a lot of situations I have come across.

miju

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

Flaccus

Roll your eyes all you want. You've proven nothing just that you can refuse a repair which we all know, but you obviously havn't read the sale of goods act you keep referring to. If you had you would know that sellers have rights too and these cases are never as clear cut as they seem. Anyway, I'm sure the staff loved your ranting and raving as you stood your ground to get your rights and embarrased yourself in the process, but of course you felt good about yourself afterwards.

miju

let it go flaccus its OK to be wrong every now and again

LegacyUser

Flaccus wrote:

Anyway, I'm sure the staff loved your ranting and raving as you stood your ground to get your rights and embarrased yourself in the process, but of course you felt good about yourself afterwards.

Well he got an exchange didn't he? Don't hate him because he has a pair of balls and you don't.

humanji

miju wrote:

let it go flaccus its OK to be wrong every now and again

[stirring shìt]Does that mean you accept you're wrong [/stirring shìt]

Flaccus

cheesedude wrote:

Well he got an exchange didn't he? Don't hate him because he has a pair of balls and you don't.

I don't hate him moron. And balls has nothing to do with it.

I see now there are so many assholes on boards its unbelievable.

And i'm not wrong. So f**k the lot of you who think I am.

LegacyUser

Flaccus wrote:

I don't hate him moron. And balls has nothing to do with it.

I see now there are so many assholes on boards its unbelievable.

And i'm not wrong. So f**k off the lot of you.

"MOMMY MOMMY"

Grow up and cry a river elsewhere...

Flaccus

Moron..you didn't even read the sale of goods act to see what the argument was about. You just came in here with your smartass comments. Now kindly kill yourself sonny and do the world a favour.

miju

see flaccus this is the last post from me on this matter.

first off I didnt make a scene in the shop I quietly and firmly insisted on my consumer rights. shops will try to bull**** you all the time so they dont have to exchange things but if you dont roll over you will usually get your exchange.

secondly , theres a big interpretation of what you think the act means and what professionally qaulified people and state advisory groups think. i know which one I'll believe, try not to take it personally though

also , if your so right then why do shops exchange / refund items all the time and xboxes that are OVER the 30 periods has plenty of people have posted on boards about getting? surely if you were right and they were wrong then no one would be getting exchanges

lastly , if your so confident take it over to the legal discussion forum and see how quickly your shot down in flames over there

like i said theres no harm in being wrong sometimes. learn from it and move on btw , personal insults to others posters could earn you a ban if your not careful and the mod of this forum sees it. try be nicer in future