Complementary Goods - Entitled to a complete refund?

djb215

Hi all

This isn't an issue i'm having personally, but this is something that I have come across a few times and i'm unsure of the law around this, so this is a question for the regular consumer law boffins (sorry, MSE'rs ).

I should start by saying the scenario I am going to talk about now does not actually exist as I know, and if it does it is purely a coincidence (if my employer is lurking around on here!).

A customer purchases an XBOX360 console, with an accessories pack, an additional controller and 2 games.

A week later the customer comes back to the store they purchase it from because the console has developed a fault - the games have been opened and played and they haven't kept the packaging for the accessories pack or the controller.

Now I know that legally they can reject the console under SOGA and claim a refund. The issue is, however, that the customer believes they are entitled to reject ALL the items mentioned (but only the console is faulty) because they are no longer of use to them.

As I would interpret it, as the customer does not want a replacement console and wants a refund, they can get a refund for the console, but NOT for the complementary goods (games, controllers, acc. pack) because they are not faulty, and just because they are no longer of use to the customer doesn't mean they're entitled to their money back.

--

I was wondering what you guys thought? Is there are any legal clause that says the customer can reject ALL the goods, or only the elements that are faulty?

This is not me asking because I am having this issue, but i've seen it a few times and not sure what the legal grounds are on this!

Thanks in advance

OlliesDad

djb215 wrote: »

Hi all

This isn't an issue i'm having personally, but this is something that I have come across a few times and i'm unsure of the law around this, so this is a question for the regular consumer law boffins (sorry, MSE'rs ).

I should start by saying the scenario I am going to talk about now does not actually exist as I know, and if it does it is purely a coincidence (if my employer is lurking around on here!).

A customer purchases an XBOX360 console, with an accessories pack, an additional controller and 2 games.

A week later the customer comes back to the store they purchase it from because the console has developed a fault - the games have been opened and played and they haven't kept the packaging for the accessories pack or the controller.

Now I know that legally they can reject the console under SOGA and claim a refund. The issue is, however, that the customer believes they are entitled to reject ALL the items mentioned (but only the console is faulty) because they are no longer of use to them.

As I would interpret it, as the customer does not want a replacement console and wants a refund, they can get a refund for the console, but NOT for the complementary goods (games, controllers, acc. pack) because they are not faulty, and just because they are no longer of use to the customer doesn't mean they're entitled to their money back.

--

I was wondering what you guys thought? Is there are any legal clause that says the customer can reject ALL the goods, or only the elements that are faulty?

This is not me asking because I am having this issue, but i've seen it a few times and not sure what the legal grounds are on this!

Thanks in advance

I think it depends how it is sold to the customer, for example if it is sold as a "bundle" then i think they can reject all of it. If it is all seperatel bought, they can only reject the faulty parts.

4743hudsonj

i agree with the above but id also add that i think your situation is a little long to formally "reject" the goods

generally this only holds up when goods are faulty from first use

if they work at first and then fail whether it be a week or a year, the normal procedure of repair, replacement or refund which is completely at the discretion of the retailer.

like i said generally you reject goods before use when you realise the fault, if the xbox works for a week then fails it wasnt faulty to begin with so they have no reason to reject the goods later on.

but some stores do allow more breathing room than this, others dont even admit the law exists, in their mind the world may as well be flat because to them consumer redress ends at the warranty.

another example would be a car

you buy it from a dealer second hand.

3 weeks later and you have loss of power and overheating. the head gasket has gone. You cannot reject the goods as its developed the fault after some usage.

if however they deliver the car to you, you hop in, go for a drive and notice the issues immediately then you have grounds to reject.

Mankysteve

You can under SOGA get a full refund/replacement if the item fail with a reasonable(unreasonable surely) item frame generally considered 28 days. I suspect which option thou is dwn to the retailer.

4743hudsonj

Mankysteve wrote: »

You can under SOGA get a full refund/replacement if the item fail with a reasonable(unreasonable surely) item frame generally considered 28 days. I suspect which option thou is dwn to the retailer.

28 days? i figure that to be more wishful thinking and ignorance among consumers than an actual fact, i have witnessed it to be as i said once used and not complained about, accepted. therefore not entitled to an automatic refund.

Ivory_Tinkler

You're not entitled to an automatic refund anyway - the retailer has the option to replace/repair or refund so in the OP's scenario, the most likely remedy would be to replace or repair the console and then the accessories and other bits purchased with the original console would be of use again.

djb215

Most mainstream C.E. Retailers offer about 28/30 days to return faulty goods for replacement/refund, the afterwards the repair line starts etc.

Even though the "reasonable amount of time to reject" has no fixed figure, that wasn't the issue I was pointing to, I was pointing towards the additional goods.

The consensus on here seems to be that if it was part of a bundle/special offer then the retailer would have to refund those too (within a reasonable amount of time) and that the retailer would want them back anyway if you got them for reduced price etc. My question would be that if I walked into ABC Stores Inc. and purchased an XBOX360 console with a game (no bundle offer) and later the console was faulty but the game has been opened - can the consumer reject the game or not?

Thanks

Tozer

Ivory_Tinkler wrote: »

You're not entitled to an automatic refund anyway - the retailer has the option to replace/repair or refund so in the OP's scenario, the most likely remedy would be to replace or repair the console and then the accessories and other bits purchased with the original console would be of use again.

Not entirely correct. If the goods have not been accepted then the consumer is entitled to a refund.

4743hudsonj

djb215 wrote: »

Most mainstream C.E. Retailers offer about 28/30 days to return faulty goods for replacement/refund, the afterwards the repair line starts etc.

Even though the "reasonable amount of time to reject" has no fixed figure, that wasn't the issue I was pointing to, I was pointing towards the additional goods.

The consensus on here seems to be that if it was part of a bundle/special offer then the retailer would have to refund those too (within a reasonable amount of time) and that the retailer would want them back anyway if you got them for reduced price etc. My question would be that if I walked into ABC Stores Inc. and purchased an XBOX360 console with a game (no bundle offer) and later the console was faulty but the game has been opened - can the consumer reject the game or not?

Thanks

no.

its a complementary good, and buying a new xbox would remedy their situation.

you dont get you dvd player refunded if your tv breaks?

you dont get you monitor and pc programs refunded if the MB fails do you? (provided its not a bundle.

theyre two good common examples i can think of.

JimmyTheWig

If they were purchased at the same time, could you not argue that the purpose of these games was to be played on the said console. If that isn't possible then they are not fit for purpose and so a refund can be demanded?

Though if, as per 4743hudsonj, the console itself can't be rejected (as it _developed_ a fault) then it becomes immaterial. If the retailer chooses to offer a refund on the console then that is up to them, but their generosity doesn't mean they have to extend that to the games.

mandycr

i myself is in a similar situation i am as we speak waiting ups to collect my sons xbox 360 console for the 2nd time for repair we originally purchased a console for sons xmas 2008 worked for 2 weeks then started crashing and leaving great big deep scratches in his games they replaced console alone as that is all they are obliged to do now same thing has happened and i have been told to return console once more, sorry for butting in thread was gonna start one myself but came across this on does anyone know if microsoft will reimburse something for all the games that have been damaged it has cost me a fortune i have a teenage son that wants all the latest games at 40 quid a time getting fed up with it now