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Xbox One Elite Controller thread
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Time for my best Conor Pope impression ...
(Apologies for the long post)
I used the below to have a Day One Kinect replaced when it was 22 months old (Microsoft tried to argue that Kinect was an accessory and only covered by a 12-month 'warranty' ... my counter argument was that Day One Kinect was integral to the system and it wouldn't work without it, but that's not relevant to this case)
It took some back and forth but I eventually got it resolved and replaced free of charge... Hopefully the experience and referenced Consumer laws will help you.
Top tips- Start your support call via chat and politely argue your point based on the various consumer acts.
- If they do not agree, politely request the case reference and ask them to escalate the case to a manager.
- Request a copy of the chat at the end of your session.
- Call in to Xbox Support (yes, talk to someone on the phone ... ugh!), reference your existing case and politely refer to the consumer acts that protect you in these scenarios.
- Warranty is over and above protection offered by consumer law, it does not replace it.
The fact that your Elite Controller is already a replacement does not diminish your statutory protection. It only means that it is covered from the time of your original purchase, it does not restart the clock on the day you received the replacement controller.
I hope that helps ... for me it took several fruitless chat sessions and then when I actually talked with someone on the phone, they really moved the issue forward quickly and got a replacement, free of charge.Under the Sale of Goods and Associated Guarantees Directive 99/44/EC consumer goods must be ‘in conformity with the contract of sale ‘i.e. you should get what you paid for. Accordingly, consumers can expect that at the moment of delivery goods:
• Comply with the description given by the seller, which can be made verbally or in writing, and possess the qualities of the product which the seller has held out to you as a sample or model.
For example, the seller cannot tell you that a new kitchen is in “perfect condition” if half of the cupboard doors are missing. Equally, a seller cannot show you a carpet sample of superior quality to the actual carpet that you purchase based on the sample shown.
• Are fit for the purpose for which goods of the same type are normally used, or fir for any particular purpose for which the consumer requires them and which was made known to the seller at the time of conclusion of the contract, and accepted by the seller.
For example, a car must be fit to be driven on the road (unless you have been specifically told that it is not). Equally, if you specifically request a right-hand drive car from a motor dealer, and he agrees in the contract of sale to supply you with one, he cannot then supply you with a left-hand drive car.
• Show a satisfactory quality and performance which a person can reasonably expect from the goods taking into account any description made by them by the seller, the producer or his representative.
For example, if you buy a camera on the basis of it having special features, it must have those features.
Remedies
EU rules which protect consumers when buying goods and services are valid no matter where in the EU the goods are purchased and are enforceable for at least 2 years from delivery of the goods. In Ireland, there is limitation period of 6 years within which a consumer can bring an action against a trader for ‘the lack of conformity’. For example, if you order a laptop which turns out to have less memory than it is supposed to have, the problem may not be obvious to you immediately, but it is still an inherent fault in the product which the trader must remedy if you discover it within the limitation period.
Under the Sale of Goods and Associated Guarantees Directive 99/44/EC if the goods become faulty or do not conform to the contract consumers can request:- A repair or replacement, which should be provided free of charge, within a reasonable time and without any significant inconvenience
- A reduction in price paid or a refund, if repair or replacement is impossible or disproportionate, or if there is unreasonable delay in providing one of these remedies. The consumer is not entitled to have the contract rescinded if the lack of conformity is minor e.g. scratch on the outer plastic cover of a CD case.
Guarantees and Warranties
A guarantee is a contract between you and the manufacturer confirming that the manufacturer will repair or replace an item if something goes wrong within a certain amount of time after you buy it. A seller may offer that you an additional warranty, which can cover the product beyond the manufacturer’s guarantee. Providing a warranty is a voluntary policy is often used as a selling point in retail of electronics products.
A guarantee/warranty gives you additional protection to your rights as outlined above. It is not instead of them. Accordingly, a seller might offer you a ’6 month guarantee’ with a car, or a computer, but this ’6 month’ guarantee will be in addition to, not instead of your legal rights. Equally, if the seller offers you the car or the computer at a lower price, on a ‘no guarantee’ basis, this only means that you don’t have this additional level of protection; you still have your legal rights, and can still seek redress.
It is important to check the terms and conditions of the guarantee/warrantee and find out exactly what is covered, i.e. all parts or just specific parts are covered. The guarantee must state its content, in simple and understandable terms, and indicate the conditions for claiming under it, i.e. how long it lasts and where it applies, and the name and address of the guarantor. For example, you may buy a car in the UK which has a 3 year guarantee, but the guarantee may only valid for 2 years in Ireland.
From <http://www.eccireland.ie/popular-consumer-topics/buying-goods-and-services/>
Additional consumer laws:
- If bought in Ireland : Sale of Goods and Supply of Services Act 1989
- If bought in the UK: Sales of goods act 19790 -
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Think my elite journey is at an end. Didn't make any progress on the phone, just stonewalled despite escalating.
Gonna try and get one of those silicone covers but can't see it being as good as the original.
Thanks for the assistance anyway guys
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