Xbox game very scratched - request refund?

smashed

Hi, not posted here in a while.
I bought a 360 game as a Xmas present. The game was listed as used, but in "mint" condition. I bought and advised that it was for Xmas, and hoped it would get to me in mint condition. The seller seemed genuine and said that they would ensure it was well packed.
Indeed, it came in a jiffy which was folded and then brown taped up.
However, the disc was loose inside the case, and is now plagued with scratches.
Needless to say, I have no idea if they were there before, but willing to accept they werent.
But should I test the game and then give it as a present? Or request a full refund including postage? I contacted the seller and said that it was less than ideal as a present, but would test the game.
The seller responded with ..
sorry to hear that I double checked the game and made sure it was on the bit that holds the disk. I spoke to my husband and he said that the game should word fine even if it has scratches. I can only appologise, but unfortunatly I cannot controll and take responsibility for the way Royal Mail handles packages. I just hope the game works fine

I am worried that I cannot fully test the disc without playing the whole game (which I definitely have no inclination to do) so feel that perhaps I should return it, even though it was a good price.

Advise please (never requested a refund before - even though my score is 200 odd)

odd-one-out

Request a refund. Seller doesn't have proof of mint condition, if they advertised it as mint then there should be at least a clear photo of said quality.

smashed

The seller seems to have tried hard, but I was a bit concerned when they said .. I cannot controll and take responsibility for the way Royal Mail handles packages

I guess you are right, just feel a bit sorry for the seller.(till they hinted that its not their problem)

soolin

I agree, the moment the seller starts blaming every one else and says it;s not their fault, I go for the jugular.

smashed

Thanks Soo..
That is pretty much all I needed to hear

pixelchick10

Yes the fact is that
1. Either it was scratched beforehand
2. It got scratched in transit

Either way surely the seller should have packaged it up well enough so it was protected?

smashed

The case was well packed. But I guess it either popped out, or was not pushed in properly.
I have had the odd loose sealed DVD come in the post from play.com etc

zenseeker

Even if a disc is loose, it would not come too much harm in the post, so I am guessing that a lot of the damage happened before he posted it.

Either way, you paid for a mint condition game and it is his responsibility that you receive a mint condition game, so I would claim.

smashed

Really difficult to get a picture of the marks..but you get the idea from this (though it is like this all the way around)..
I had to reflect the light from the ceiling to get anything to show up.

zenseeker

That is NOT damage caused in transit! I'd definitely put in a claim with eBay!!

The circular pattern of damage suggests contact with the laser lens, or part of the tray whilst spinning.

smashed

Thanks zenseeker

In fairness, it is possible that the circular marks could be caused by the disc sitting against the raised circular mould that sits around the disc (if secured correctly).
I have emailed the seller and put my point across, but will escalate if they refuse to refund my money plus postage.