Bought faulty game, Shop won't replace it.

mackeire

Hi,

Just have a query so I hope someone can help me.

I bought a computer game for my son last week from <shop name> in Gorey. We brought the game home and it didn't work. It hasn't worked at all.
I phoned the shop and told them the problem and the guy said to bring it back over and they would change it for me.

I brought the game back to the shop and the staff member and manager said they would not exchange it for me. They said something about the disc being damaged by our xbox.
This is impossible as the game didn't work to begin with!!

The manager seemed like he just didn't want to exchange the game for me and was more concerned with dealing with the customers in the queue and wanting me to go and stop annoying him.

I am now €44.99 down and my 7 year old son has has broken game!

I have emailed <shop name> and have been told that it is my problem and not theirs as they would never sell a faulty game.

I've tried to explain to them that the game was faulty/damaged when we bought it but they seem to have an answer for everything!

Can someone point me in the right direction of what I should do next?

I just don't think it's fair that I have been sold faulty goods and they are refusing to exchange it for a new one! If I bought a TV or a car and that was faulty, I'd either get my money back or it would be replaced!!

cml387

Is there any visible marking on the disk or scratch?

It's just possible that the XBOX did damage the game in trying to read the disk initially, but any damage should be easily visible.
Otherwise you should quote sales of goods act.

<shop name> are well known for trying to sell additional "insurance" which I suspect you refused, but this does not mean you have no rights.

drunkmonkey

It didn't work, make a nuisance at the counter until they sort it out. Is it an Xbox 360, they chew disks but not on the first go, I've had 3 copies of gears of war all eaten alive by the Xbox.

Pacing Mule

Was the game new or pre owned ?

Is there a circular scratch on the disc now ?

I'm going to assume there is because that's the only time a manager can be confident the disc was damaged by the user. It happens when an Xbox is moved whilst reading the disc.

There may be a workaround / non legal solution to help you. Most times this happens the machine can still recognise the disc is present just not play it. What you could do is borrow from someone or rent the same game. Install that disc onto your hard drive and then use your damaged disc in the future (installing the game puts the data onto your hard drive meaning the machine isn't constantly using the laser to read it mid game but still requires a disk present from a piracy point of view. This might save it a bit.

Pacing Mule

Wonda-Boy wrote: »

quotes deleted post

You can't make a small claims court claim for more than the loss incurred. A claim could be taken for the cost of the game alone.

drunkmonkey

Wonda-Boy wrote: »

Even if the Xbox did chew the game they have to prove it and they cant. Small claims court will have this sorted in no time. Just make sure you sure for more then the game. A new xbox one for your trouble......

Why do people always throw out the small claims court as if it's some magic solution to everything. For something worth €40 her time is more valuable. By the time she gets a judgement if she wins and then gets a sheriff to enforce that judgement she'll have wasted 2 years and more than likely recovered nothing, small claims is complete waste of her time.
The Xbox disc scratching is a well known issue and Microsoft is currently involved in legal action about it. In this case OP either stands at the counter or gets onto Microsoft customer care and explains her problem and <shop name> stance.
The first option will probably take half an hour before someone rings head office and the manager gets permission to swap the disk.

SterlingArcher

I'm guessing from the price it's not a second hand game. If there's visible damage on the disc it could in fact be the xbox. Not even saying this damage occurred in your xbox. Staff can be complacent when checking stock before handing over.

Some Smyths toy stores have disc repair stations that are 3 euro.

Time

drunkmonkey wrote: »

Why do people always throw out the small claims court as if it's some magic solution to everything. For something worth €40 her time is more valuable. By the time she gets a judgement if she wins and then gets a sheriff to enforce that judgement she'll have wasted 2 years and more than likely recovered nothing, small claims is complete waste of her time.
The Xbox disc scratching is a well known issue and Microsoft is currently involved in legal action about it. In this case OP either stands at the counter or gets onto Microsoft customer care and explains her problem and <shop name> stance.
The first option will probably take half an hour before someone rings head office and the manager gets permission to swap the disk.

Because it's the only way to have your statutory rights enforced in a lot of cases.
Personally i would absolutely take a case over something like this, if i got nowhere with a company, simply for the fact (a) it'd be extremely unlikely the company would let it go to court given the exorbitant cost they'll incur to defend and (b) whatever manager let something get that far will likely get ripped a new one by their manager and (c) I'm very stubborn.

drunkmonkey

It doesn't sound like you've been through the small claims process or you've way too much time on your hands.

Little CuChulainn

It's pretty unusual for a disc to be damaged in a console. They are, after all, only have optical readers and do not write to the discs at all. So if it damaged one disc it would likely damage them all. It's more likely it was damaged before being sold or after being opened. They do check the disc before selling but I've never seen them offer it to the customer for inspection before sale so it's a pointless act really. I think making a scene and demanding a refund or replacement as per your statutory rights is the most optimal strategy here.

SterlingArcher

Little CuChulainn wrote: »

It's pretty unusual for a disc to be damaged in a console. They are, after all, only have optical readers and do not write to the discs at all. So if it damaged one disc it would likely damage them all. It's more likely it was damaged before being sold or after being opened. They do check the disc before selling but I've never seen them offer it to the customer for inspection before sale so it's a pointless act really. I think making a scene and demanding a refund or replacement as per your statutory rights is the most optimal strategy here.

Xbox in particular can visibly damage the disc. By having anything resting on the console like another player in say an entertainment set up. Or even slightly leaning on it.

Again if above fails which ideally it shouldn't. disc repair should fix it.

drunkmonkey

Little CuChulainn wrote: »

It's pretty unusual for a disc to be damaged in a console. They are, after all, only have optical readers and do not write to the discs at all. So if it damaged one disc it would likely damage them all. It's more likely it was damaged before being sold or after being opened. They do check the disc before selling but I've never seen them offer it to the customer for inspection before sale so it's a pointless act really. I think making a scene and demanding a refund or replacement as per your statutory rights is the most optimal strategy here.

fyi
http://www.ibtimes.co.uk/microsoft-heading-us-supreme-court-over-xbox-360-disc-scratching-lawsuit-1538548

Little CuChulainn

Like I said, if it damages one it should damage others too.

Time

drunkmonkey wrote: »

It doesn't sound like you've been through the small claims process or you've way too much time on your hands.

I have been, but i also have no problem spending my time getting what i'm entitled to.

drunkmonkey

Time wrote: »

I have been, but i also have no problem spending my time getting what i'm entitled to.

The game cost €45, small claims cost is €25. It doesn't take a rocket scientist to work out it's not worth her time for €20. As there is a known issue with the Xbox her chances of winning are slim to none.

Pacing Mule

Little CuChulainn wrote: »

Like I said, if it damages one it should damage others too.

Incorrect.

The damage normally occurs when the console is moved during operation. So it is normally a once off event. It's usually not that the console randomly damages the discs.

I've seen circular disc scratching happen from someone hitting off the console with a hoover mid playing. Also one where they were dancing in front of the console on a wooden floor that had a bit of give in it. Console shook with the vibration and the disc was damaged.

Little CuChulainn

Pacing Mule wrote: »

Incorrect.

The damage normally occurs when the console is moved during operation. So it is normally a once off event. It's usually not that the console randomly damages the discs.

I've seen circular disc scratching happen from someone hitting off the console with a hoover mid playing. Also one where they were dancing in front of the console on a wooden floor that had a bit of give in it. Console shook with the vibration and the disc was damaged.

Yes if you hit the console with a hoover or a hammer or stack a load of weight on it it can damage a disk. I would not consider that to be usual though. Similarly the op could have run a nail across the disk or run it over with her car.

So like I said it's unusual for a single disk to be damaged.

Pacing Mule

Little CuChulainn wrote: »

Yes if you hit the console with a hoover or a hammer or stack a load of weight on it it can damage a disk. I would not consider that to be usual though. Similarly the op could have run a nail across the disk or run it over with her car.

So like I said it's unusual for a single disk to be damaged.

That's not quite what you said nor was it in that context.

Little CuChulainn wrote: »

It's pretty unusual for a disc to be damaged in a console. They are, after all, only have optical readers and do not write to the discs at all. So if it damaged one disc it would likely damage them all. It's more likely it was damaged before being sold or after being opened. They do check the disc before selling but I've never seen them offer it to the customer for inspection before sale so it's a pointless act really. I think making a scene and demanding a refund or replacement as per your statutory rights is the most optimal strategy here.

Little CuChulainn wrote: »

Like I said, if it damages one it should damage others too.

Yes absolutely it is unusual for a disc to be damaged via movement of the console which was exactly my point. You don't hit it with a hoover / knock it over whatever every time you use it.

What you said was that "if (the machine) damaged one disc it would likely damage them all" and that is inaccurate.

Pat Mustard

drunkmonkey wrote: »

The game cost €45, small claims cost is €25. It doesn't take a rocket scientist to work out it's not worth her time for €20. As there is a known issue with the Xbox her chances of winning are slim to none.

I have my doubts as to whether a sixty year old District Judge would be aware of this issue or if the shop would bother to contest the claim over that amount of money but the figures speak for themselves, as you have outlined above.

Pat Mustard

Mod:

The name of the shop has been removed from the thread and it would be best to keep it that way, please.

mackeire

OP here. Here's how this played out.

Bought the game, didn't take the insurance they offer with it.
The game was being kept in a plastic sleeve in a drawer behind the counter, then transferred into the green box when sold.

Brought the game home and the young lad went to play it and it didn't work.
The screen was black after he turned it on.

I phoned the shop and was told to bring it back over and they would exchange it for me. I went over and the manager refused to exchange it. He was more interested in dealing with other customers and I had the young lad with me so I couldn't cause a scene.

Went home and left a voice mail for someone to call me back and also emailed them. That was Friday.

Monday, got an email saying that I would not be getting my money back or getting the game exchanged.
Exchanged about 10 emails explaining what the problem was and that the game was faulty.
She replied to all my mails and had an answer for everything.
Her main case was that the game comes with a plastic seal and once i have opened it, it's then my problem. I told her that there was no plastic seal and it was kept in the plastic sleeve and transferred from that to the case.

I contacted consumer affairs and they told me that I am in the right and advised me to send a letter to the manager and go from there.

I made a thread on a local FB page about it and found out that this manager is always trying this and is always ripping kids and adults off.

Also contacted 98fm talk show for the craic and they said they would put on the air haha.

Tuesday, lots more emails. The outcome of these was me saying I want to get this sorted by tomorrow (wednesday) or I will go public with this whole thing and go over to the shop and tell every customer what they did and basically be a nuisance. I said I would also blacken their name on social media

Wednesday. Some other girl emailed me. I basically told her to sort it out straight away or I'll follow up on my threats.
Within the hour, the area manager rang me, said he read all the emails, apologized to me and said there is a new game in the shop waiting for me.

Went over to the shop and collected the game. This one wasn't sealed either and he said that this games doesn't come sealed. They gave me free insurance with it aswel.

Moral of the story: Don't rip people off and think you will get away with it!!

drunkmonkey

Pat Mustard wrote: »

I have my doubts as to whether a sixty year old District Judge would be aware of this issue or if the shop would bother to contest the claim over that amount of money but the figures speak for themselves, as you have outlined above.

The shop wouldn't even bother turning up, she'd get a judgment in her favour, then she needs the sherrif to enforce it. Is he really going to rock up to head office and take a lamp shade and auction it off so she gets her €45. I'd love to see some statistics of how many people successfully collect their money after paying their €25.
Legally a business needs to be represented, so they could technically drag it out for years or by not turning up at all the sheriff wouldn't be able to collect.
Consumer agency is way to quick to recommend it as a course of action. Good old feet stomping usually clears things up as in this case.

mackeire

drunkmonkey wrote: »

The shop wouldn't even bother turning up, SHE'D get a judgment in HER favour, then SHE needs the sherrif to enforce it. Is he really going to rock up to head office and take a lamp shade and auction it off so she gets her €45. I'd love to see some statistics of how many people successfully collect their money after paying their €25.
Consumer agency is way to quick to recommend it as a course of action. Good old feet stomping usually clears things up as in this case.

She's actually a he.

drunkmonkey

mackeire wrote: »

She's actually a he.

Ah I was wondering why it took so long, woman crying and screaming in a shop would make most mangers buckle in 20mins : )

mackeire

drunkmonkey wrote: »

Ah I was wondering why it took so long, woman crying and screaming in a shop would make most mangers buckle in 20mins : )

maybe I should have brought the missus over with me

cml387

Result OP.
All new Xbox games come with a seal. Second hand ones won't obviously.
Manager was trying it on.

Pat Mustard

drunkmonkey wrote: »

The shop wouldn't even bother turning up, she'd get a judgment in her favour, then she needs the sherrif to enforce it. Is he really going to rock up to head office and take a lamp shade and auction it off so she gets her €45. I'd love to see some statistics of how many people successfully collect their money after paying their €25.

I agree. For most people, it wouldn't be worth going to the Small Claims Court.

drunkmonkey wrote: »

Legally a business needs to be represented, so they could technically drag it out for years or by not turning up at all the sheriff wouldn't be able to collect.

In many cases, respondents don't bother to turn up or get representation and those cases are decided their absence. No point in the small claims court dragging things out because of guys who don't even turn up.