Game consoles

wishface

I have a question that I hope I can explain adequately; it pertains to the xbox console.

In January I returned a faulty machine to the shop. I paid £250 for it, but in the meantime it had been dropped in price to £180 by the maker. I wanted the shop to exchange it for a ps3 (retail value of £240); this was the second time it had broken down and I was fed up with it.
Now I was told that, because of the price drop (though the reason given was different: it was because I had had some use of the machine which necessitated a commensurate reduction in value and thus what I would be entitled to), I would only be entitled to £180 toward a ps3. To be fair they did exchange it for a replacement 360 instead (which subsequently broke down a fortnight ago and was replaced again and now looks like its on the way out for a fourth time).
Had the manufacturer not dropped the price I would have been entitled to the full value I had paid. So my question is, am I not entitled to that anyway - regardless of any price drop, something out of my hands, I paid £250. The shop made £250 out of me - it's not as if they refunded me when the machine went down in price, so why should a customer lose out on what he has paid. Remember the reason I was told I wasn't entitled to more than the new price of the machine was because I had had some value/use from it.

Now I'm asking this because it's looking like I will have to return console number 4 to the shop and I really would like to get that ps3. The 360 is a poorly made piece of hardware that's already broken down on me at least once since I said all this to the shop in January.

Thanks.

Blacksheep1979

As they don't have to give you a refund, only a repair or replacement they are offering the money out of good will pretty much. They can offer you £50 or a new console and whilst it's not really 'fair' they can do it...

wishface

I was talking about a replacement - something of equal value, surely must be the law.

The item was (and still is) under the shop's own warranty, never mind the sale of goods act which as i understand it, says that replacements should be of equal value.

I'm pretty sure a shop can't just offer 50 quid and say take it or leave it.

Blacksheep1979

nope SOG act doesn't say anything about value, it's more about the customer being made whole ie getting a product that does what it was sold to do.

Now whilst a PS3 and X360 do similar things they're not identical and value is very subjective - a PS3 might be worth £250 to you or I but to a kalahari bushman it's worth zero.

The shop didn't make £250 out of you, they sold you an item for £250 which their profit margin on may have been 20% (doubt even that). So say they bought this item for £200 and will get a credit at the current trade rate for faulty items, if this drops they're out of pocket.

Basically you're entitled to a repair or replacement or if the shop chooses a refund, but it's up to the shop as to which you get. Sorry.

pinkshoes

wishface wrote: »

I was talking about a replacement - something of equal value, surely must be the law.

You hit the nail on the head by saying "of equal value"...

The Xbox 360 and PS3 are not of equal value, as the PS3 is by far superior (and thus more expensive)!!! If my PS3 died and the shop offered me an Xbox360 as a replacement instead, I would be VERY upset!

I would have taken the £180 off the price of a PS3!!

sporedude

I'd take the £180 off the PS3....Althought I find 360's alot better.

wishface

pinkshoes wrote: »

You hit the nail on the head by saying "of equal value"...

The Xbox 360 and PS3 are not of equal value, as the PS3 is by far superior (and thus more expensive)!!! If my PS3 died and the shop offered me an Xbox360 as a replacement instead, I would be VERY upset!

I would have taken the £180 off the price of a PS3!!

Wasn't an option.

By equal value, I mean equal to the sum I paid. Why should I the customer suffer a loss from what I paid just because Microsoft reduced the price.

What does the law state I'm entitled to is the question.