right to return? - wii game

wolfehouse

i bought fitness ultimatum 2009
and the game won't play it appears because of the softwear writing (if only i had read the reviews before buying

it freezes and doesn't respond to controllers (not playable on my machine at all)

as it doesn't do what it says - i.e. is not 'fit for purpose'
do i have any right to return it?

Torby

you may find that most shops will only replace a "faulty" game, if it plays on a wii in the store, you may only be offered and exchange...problem with software titles is they can be copied and its to stop people buying a game, copying it and returning it for a refund, hence when "faulty" a replacement is offered.

Some stores may have different policies though...so you should check the store first...if there are plenty of recorded instances of problematic software, it may improve your chances of a refund.

wolfehouse

i got it at mr. ts and they would only replace a 'faulty' disc.
my argument is the game isn't fit for purpose and they shouldn't therefore be selling it.

DCFC79

wolfehouse wrote: »

i got it at mr. ts and they would only replace a 'faulty' disc.
my argument is the game isn't fit for purpose and they shouldn't therefore be selling it.

you spoken to nintendo about it, i take it the reviews online say it doesnt play

Tozer

To be clear, if the item is faulty, then you are entitled to a refund as you would any other goods which are not of satisfactory quality.

Anihilator

Tozer wrote: »

To be clear, if the item is faulty, then you are entitled to a refund as you would any other goods which are not of satisfactory quality.

The item isnt faulty though. It doesnt perform as the OP wants but this doesnt make it faulty.

In this case the OP will not get a refund or replacement etc and will have to accept that they should have read the reviews etc in advance and then they would have found out it wasnt very good or responsive.

You can guarentee any action to suggest a game wasnt fit for its purpose i.e misdesigned would be vigorously defended.

Tozer

To be honest, I don't think the OP is clear as to whether it is genuinely faulty or not.

My post was correct. It says "if the item is faulty....".

Anihilator

Tozer wrote: »

To be honest, I don't think the OP is clear as to whether it is genuinely faulty or not.

My post was correct. It says "if the item is faulty....".

I think they are.

The game isnt faulty. Instead it seems the gameplay is very poor quality, juddery and genuinely not what they expected. I.e poor game design.

Saying that my genuine advice would be to play dumb, take it back and claim its not working properly and hope they don't check it closely and will allow a refund rather than just a replacement.

Torby

Tozer wrote: »

To be honest, I don't think the OP is clear as to whether it is genuinely faulty or not.

My post was correct. It says "if the item is faulty....".

and that's why I said its ideal if they try to play in in the shop, then faulty is there for all to see...if however, it plays for a percentage of the people who purchased is ther a possibility that the console doesn't have up to date firmware...is this another possibility?

Torby

Anihilator wrote: »

I think they are.

The game isnt faulty. Instead it seems the gameplay is very poor quality, juddery and genuinely not what they expected. I.e poor game design.

Saying that my genuine advice would be to play dumb, take it back and claim its not working properly and hope they don't check it closely and will allow a refund rather than just a replacement.

I would agree, especially as Mr Ts don't probably have the facility to play instore...mind you, they're also one of the chains that have clamped down on returning music cds and games because their previous policy allowed people to take things home, copy them, then return for a refund.

Tozer

Anihilator wrote: »

The item isnt faulty though. It doesnt perform as the OP wants but this doesnt make it faulty.

In this case the OP will not get a refund or replacement etc and will have to accept that they should have read the reviews etc in advance and then they would have found out it wasnt very good or responsive.

You can guarentee any action to suggest a game wasnt fit for its purpose i.e misdesigned would be vigorously defended.

I read the bit that it freezes, doesn't respond, etc.

In which case, its faulty.