Xbox 360 Sale of Goods act.

userpauly

Hi everyone,

My 4.5 months old Xbox 360 has "developed" a fault and I would like the retailer to replace it. The DVD drive in the console has always been noisy, but it was only in the last few days that I have heard a different Xbox and discovered that the noise is abnormal. I believe this is related to the issues I have recently been encountering where the DVD drive refuses to read discs (specifically a new discs which works on another Xbox) and occasionally makes an obviously unhealthy LOUD scratching sound whene spinning a disc.

I have contacted Amazon.co.uk and requested to return the Xbox after citing these issues (I also briefly mentioned the Sale of Goods Act). However, they have replied that I should contact Microsoft in this instance. I don't believe this is correct since my contract was with the retailer not the manufacturer.

I am composing a reply to Amazon and I wonder if anyone can help me with any points I should be making? I would also appreciate it if anyone can confirm that I am correct in taking this up with Amazon and not with Microsoft?

Amazon's email to me follows:

Dear Customer,
Thank you for contacting Amazon.co.uk regarding your order #xxxxxxxxxxxxx.
We're sorry to hear of the issues you have experienced with the "Xbox 360 Console (20 GB Hard Drive) (*Get a Selected Game for £10 with Xbox 360 Purchase)" you purchased from us.
We received your replacement request for the defective item "Xbox 360 Console (20 GB Hard Drive) (*Get a Selected Game for £10 with Xbox 360 Purchase)"; however, in this instance we would recommend you contacting the manufacturer and discussing the situation with them. Their trained staffs resolve many issues without the need for a return.
As you know, all electronic items purchased from Amazon.co.uk come with a 1 year warranty from the manufacturer. Please be assured that we are here to assist you with a satisfactory solution; however, the 'Microsoft' will be happy to hear from you regarding any of their products which is found to be faulty. They will then advise if a repair, replacement or return is necessary.
You may contact 'Microsoft' by using the following:

Blah Blah Blah.....

Thanks,

derrick

userpauly wrote: »

Hi everyone,

My 4.5 months old Xbox 360 has "developed" a fault and I would like the retailer to replace it. The DVD drive in the console has always been noisy, but it was only in the last few days that I have heard a different Xbox and discovered that the noise is abnormal. I believe this is related to the issues I have recently been encountering where the DVD drive refuses to read discs (specifically a new discs which works on another Xbox) and occasionally makes an obviously unhealthy LOUD scratching sound whene spinning a disc.

I have contacted Amazon.co.uk and requested to return the Xbox after citing these issues (I also briefly mentioned the Sale of Goods Act). However, they have replied that I should contact Microsoft in this instance. I don't believe this is correct since my contract was with the retailer not the manufacturer.

I am composing a reply to Amazon and I wonder if anyone can help me with any points I should be making? I would also appreciate it if anyone can confirm that I am correct in taking this up with Amazon and not with Microsoft?

Amazon's email to me follows:

Dear Customer,
Thank you for contacting Amazon.co.uk regarding your order #xxxxxxxxxxxxx.
We're sorry to hear of the issues you have experienced with the "Xbox 360 Console (20 GB Hard Drive) (*Get a Selected Game for £10 with Xbox 360 Purchase)" you purchased from us.
We received your replacement request for the defective item "Xbox 360 Console (20 GB Hard Drive) (*Get a Selected Game for £10 with Xbox 360 Purchase)"; however, in this instance we would recommend you contacting the manufacturer and discussing the situation with them. Their trained staffs resolve many issues without the need for a return.
As you know, all electronic items purchased from Amazon.co.uk come with a 1 year warranty from the manufacturer. Please be assured that we are here to assist you with a satisfactory solution; however, the 'Microsoft' will be happy to hear from you regarding any of their products which is found to be faulty. They will then advise if a repair, replacement or return is necessary.
You may contact 'Microsoft' by using the following:

Blah Blah Blah.....

Thanks,

You are correct in that your contract is with Amazon,(the retailer), under Sale of Goods Act, (SoGA), see Qs 6 & 13 as they are specific to your point, 13 relates to the "6 month rule" and as it is under 6 months old, Amazon need to prove any fault is not "inherent"

Also you do not pay P&P to return a faulty product under Distance Selling Regulations,(DSR).

Also a freephone number for Amazon.co.uk; - 0800 2796620


Also see WHICH; - "Why your claim is against the retailer, not the manufacturer"

ic

You might actually find the return / exchange process is actually faster if you go direct with Microsoft. If you return to Amazon, you might have to wait for them to then send it to Microsoft, and then forward back to you whatever Microsoft send back.

Unless you're after a refund, personally I'd just deal with Microsoft direct.

derrick

ic wrote: »

You might actually find the return / exchange process is actually faster if you go direct with Microsoft. If you return to Amazon, you might have to wait for them to then send it to Microsoft, and then forward back to you whatever Microsoft send back.

Unless you're after a refund, personally I'd just deal with Microsoft direct.

That might work, but don't forget that Microsoft are in no way party to the contract and can tell the OP to go away.

userpauly

Thank you for your replies.

I have sent a more sternly worded email back to Amazon explaining exactly how I believe they are legally responsible. I would consider returing it to Microsoft (direct) but I'm concerned that this may lead to complications with respect to my future relationship with Amazon regarding this product. Also I'm hoping for a replacement as opposed to a repair....

shellsuit

Hmm that's funny because my OH's 360 had the red rings of death. He bought it from Amazon in January this year, it went kaput at the beginning of this month.

He returned it to Amazon (with their say so first) and received a full refund.

I'd give Amazon a ring and see what they say.

userpauly

Well stern words had a positive (and to Amazon's credit, prompt) effect. They have responded with the usual apologetic platitudes but more interestingly have agreed to accept the return (Sent an RMA label) and provide a full refund.

Apparently this is because they can no longer source the 20Gb Model I originally bought. (This would be because they only now sell the 60Gb model which is also cheaper now than the 20Gb!). So that's a result...

Now I have to decide whether to keep my original hard disk (my saved information is valuable to me) or pay for a memory stick to backup the saved info.. Of course I could just keep all the acessories and just return the damaged console sans hard disk, controller, PSU etc... Might be a bit cheeky though!

shellsuit

userpauly wrote: »

Well stern words had a positive (and to Amazon's credit, prompt) effect. They have responded with the usual apologetic platitudes but more interestingly have agreed to accept the return (Sent an RMA label) and provide a fullrefund.

Apparently this is because they can no longer source the 20Gb Model I originally bought. (This would be because they only now sell the 60Gb model which is also cheaper now than the 20Gb!). So that's a result...

Now I have to decide whether to keep my original hard disk (my saved information is valuable to me) or pay for a memory stick to backup the saved info.. Of course I could just keep all the acessories and just return the damaged console sans hard disk, controller, PSU etc... Might be a bit cheeky though!

You have to return everything to Amazon, OH did. You can re download all your stuff for online gaming so don't worry about that even though it takes a while. I wouldn't keep anything incase they won't refund because they will check.

My poor sons went kaput on him yesterday, 14 months old (the console, not my son lol). It's going to have to go back to Microsoft, no refund for him.

Oh, meant to say, they will refund back onto the card you bought it with ~ OH had changed banks since he bought his so had to wait for his refund. I'm assuming the card you paid with is still usable and valid?

userpauly

It's the saved games which interest me more. I don't game online and I only have one add-on downloaded which I already know I can transfer across.

I suppose I'll have to bite the bullet and buy a memory card. At least I'll have a memory card at the end of it which I can keep or flog as my mood takes me.

Thanks for the info about the refund card. I'm pretty sure the card is still valid but I will check.

Nile

Hello userpauly

I'll move your thread to 'The (Consumer) Vent' board.

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

Regards

Nile

Purpledaisy_2

Whats the problem? If you contact microsoft they'll arrange a courier to collect the console - repair it & return it.

Hey presto sorted ?

I bought an xbox on Sunday from blockbusters and they too said if you have any problems ring Microsoft..

Its alot quicker to go direct to the manu..