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Tesco wont refund

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Hey all.

On xmas i got a prezzie from my brother left4dead2 for Xbox 360 which i was happy to get. But i got it from some1 else to. but the copy my bro got didnt work it just would not work what so ever disc error of some sort.

So i took it back to tescos with full recipt but they would not refund me because it had been openend Im sorry but huh??? Of course its going to be openend i didnt no it wouldnt work.

So i asked for a full refund but they wouldnt give so i asked for the manager but he stood by them and said they wont refund me because i could of pirated it. Im sorry but the official logo is on the disc.

How can i get a refund? i opened it because i wanted to play on it. Its no different from food if you open food but its smelly you can still get a refund.

I work for co-op and i no how refunds are dealt with. So any advice on how i can take this further will be great.

Thanks for any help given
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Comments

  • stebiz
    stebiz Posts: 6,592 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 27 December 2009 at 6:32PM
    parker156 wrote: »
    Hey all.

    On xmas i got a prezzie from my brother left4dead2 for Xbox 360 which i was happy to get. But i got it from some1 else to. but the copy my bro got didnt work it just would not work what so ever disc error of some sort.

    So i took it back to tescos with full recipt but they would not refund me because it had been openend Im sorry but huh??? Of course its going to be openend i didnt no it wouldnt work.

    So i asked for a full refund but they wouldnt give so i asked for the manager but he stood by them and said they wont refund me because i could of pirated it. Im sorry but the official logo is on the disc.

    How can i get a refund? i opened it because i wanted to play on it. Its no different from food if you open food but its smelly you can still get a refund.

    I work for co-op and i no how refunds are dealt with. So any advice on how i can take this further will be great.

    Thanks for any help given

    You have a right to a refund/replacement if the item is faulty. They can be a bit funny when it comes to DVD's or Games but if as you suggest it is faulty, THEY MUST REFUND/REPLACE. You could suggest they try the game themselves. If not a letter to head office should do the trick. Incidentally the person with the rights is your brother - you have none, and they can chose whether to replace or refund!!!

    Stebiz
    Ask me no questions, and I'll tell you no lies
  • foxxymynx
    foxxymynx Posts: 1,270 Forumite
    They have to refund you - the item is not fit for purpose. Tell them to try the disc in a display model and if they continue being as they have been, ask for the area managers name and number and speak with them.
    If my typing is pants or I seem partcuarly blunt, please excuse me, it physically hurts to type. :wall: If I seem a bit random and don't make a lot of sense, it may have something to do with the voice recognition software that I'm using!
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Do you have the receipt?

    Is it actually genuinely faulty?
  • I have the receipt. And yes it just wont read the disc any other game works no problem the other copy works too.
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    they will be more inclined to replace over refund
    when they say pirated they mean you could have copied the game and are now returning the original
  • missile
    missile Posts: 11,771 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are entitled to take it back for replacement, getting a refund will be difficult.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • woody01
    woody01 Posts: 1,918 Forumite
    edited 29 December 2009 at 5:52AM
    foxxymynx wrote: »
    They have to refund you - the item is not fit for purpose. Tell them to try the disc in a display model and if they continue being as they have been, ask for the area managers name and number and speak with them.

    Rubbish.
    They do NOT have to refund.

    A replacment is legally acceptable.
  • I would say that Tescos will only offer a replacement of the same game. Then the only option you will have is check it's working and then trade it in at Gamestation for something else.

    I don't think you will be able to swap it for another game at Tescos due to piracy.
    Striving to clear the mortgage before it finishes in Dec 2028 - amount currently owed - £26,322.67
  • Rubbish.
    They do NOT have to refund.
    If the disc does not read (preferably proven in more than 1 system) then it is faulty, plain and simple. Under the provisions of the Sale of Goods act the goods can be rejected (as they are not fit for purpose and do not conform to expectations) and a full refund expected. As far as I'm aware, there is no specific exclusion in law for games etc.

    Yes, the easy option is to get it exchanged, but if goods can be shown to be faulty then this cannot be forced.
  • carolinosourus
    carolinosourus Posts: 1,048 Forumite
    Part of the Furniture Combo Breaker
    edited 28 December 2009 at 4:03PM
    parker156 wrote: »
    So i asked for a full refund but they wouldnt give so i asked for the manager but he stood by them and said they wont refund me because i could of pirated it. Im sorry but the official logo is on the disc.

    When you say the manager wouldn't refund you because you may have 'pirated it' I think he meant you could have opened it, copied it (a pirate copy) and then returned the original version for a refund, he wasn't implying that you were trying to get a refund on a pirated disc.
    But if it genuinely is faulty then you should be entitled to at least a replacement.

    Edited to add question: Have you opened the other copy as well? If you haven't why don't you get the person who bought that to return that one for a refund, exchange the faulty one for a working one and everything has worked out fine.
    :D**Thanks to everyone on here for hints, tips and advice!**:D
    MSEers are often quicker than google

    "Freedom is the right to tell people what they don't want to hear" - G. Orwell
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