Tesco wont refund

pinkshoes

Tesco are within their rights to offer you a REPLACEMENT, which would meet your statutory rights in this case.

Shops do not usually refund games, as otherwise people would just copy them, claim they were faulty, then get a refund.

4743hudsonj

pinkshoes wrote: »

Tesco are within their rights to offer you a REPLACEMENT, which would meet your statutory rights in this case.

Shops do not usually refund games, as otherwise people would just copy them, claim they were faulty, then get a refund.

Rubbish, rubbish, rubbish.

As stated a couple of times now and supported by several correct posters, the OP has discovered the fault in a reasonable time and can reject the goods under SOGA entitling them to a full refund, your advice is only relevant in cases where goods are accepted.

jessc_2001

Sale of Goods Act

Under the Sale of Goods Act 1979 traders must sell goods that are as described and of satisfactory quality.

If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation.

The Sale of Goods Act has been amended by the Sale and Supply of Goods to Consumers Regulations 2002 which transpose a European Directive. Although the impact of the Regulations is relatively modest there are some useful benefits for consumers.

Our Traders Guide and Fact Sheet provides further information and advice.

Consumer Direct offers advice for consumers who have a complaint under the Act.

Fact sheet :

Sale of Goods Act Fact Sheet
Subject:

Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation:

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

More info : http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Tozer

pinkshoes wrote: »

Tesco are within their rights to offer you a REPLACEMENT, which would meet your statutory rights in this case.

Shops do not usually refund games, as otherwise people would just copy them, claim they were faulty, then get a refund.

Absolutely incorrect.

RobertoMoir

pinkshoes wrote: »

Tesco are within their rights to offer you a REPLACEMENT, which would meet your statutory rights in this case.

And the OP would be within their rights to thank Tescos for their offer but to insist on a refund as he's rejecting the goods, which would also meet his statutory rights in this case.

pinkshoes wrote: »

Shops do not usually refund games, as otherwise people would just copy them, claim they were faulty, then get a refund.

You're right, they don't. They're wrong to do so if the customer insists on rejecting the goods as faulty though - as far as I know software is not magically different from other types of goods in this regard...

mikey72

The software isn't faulty, the medium it's being delivered on is.
Most places will replace the medium free of charge, ie swop the disk, but won't let you have a refund or a different software item.

I_know_my_ABC_and_my_CMYK

Contact the game manufaturer by letter and include a copy of your receipt. I know that EA games will send letter/document (sorry can't remember what it is exactly) that you can take to Tesco that will give you either a refund or a replacement. They will also sometimes ask you to send them the disk and they will refund you directly.

EA Games did this with a lot of Sims games when they introduced SecuRom copy protection and most of these games were past the 90 day mark.

If you get no joy with Tesco its definintely worth a shot.

prowla

The contract is with the retailer.
They have supplied faulty goods.
The goods comprise the software on a disk in packaging.
A fault in any part (that you could not have been expected to know at the time of purchase) is a fault in the purchased product.
The "you've purchased the software not the disc it's on" angle is baloney, as (a) you have to purchase it on the disc, and (b) you are not legally entitled to copy it off the disc; thus the disc is an integral part of the product purchased.

RobertoMoir

mikey72 wrote: »

The software isn't faulty, the medium it's being delivered on is.
Most places will replace the medium free of charge, ie swop the disk, but won't let you have a refund or a different software item.

We've established that this is what most places will try to insist on. The point is that the OP is legally entitled to reject faulty goods and insist on a refund. I've certainly done it before and it isn't easy to get places to accept it but they will do so in the end.

Fridge3

mikey72 wrote: »

The software isn't faulty, the medium it's being delivered on is.
Most places will replace the medium free of charge, ie swop the disk, but won't let you have a refund or a different software item.

So, by that logic you purchase (say) some expensive aftershave and the bottle/spray is damaged, you are not entitled to a refund because the product is OK?