Tesco wont refund

mikey72

Fridge3 wrote: »

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?

No.
It doesn't have a software licence.
Software does.

RobertoMoir

mikey72 wrote: »

No.
It doesn't have a software licence.
Software does.

Your point being...?

kindofagilr

I have no advice but to the people who told OP to take the other game back if it was unopened? where would that leave OP?

He would have money for one game but still have a game that doesnt work?

mikey72

RobertoMoir wrote: »

Your point being...?

pointy.

And that aftershave doen't have a licence.

whitegoods_engineer

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.

I have to say, what complete rubbish!

What a simply madly convoluted way to interpret the SOGA, that somehow the software exists in a magical universe, seperate from the medium on which it is supplied! Just crazy!

Mikey, it is a faulty product and the original purchaser is entitled to a REFUND. Simple, not complicated at all! Stores don't like exchanging software but they arelegally obliged. They don't make the rules, the law does!

mikey72

Google software and the sale of goods act.
The op could take tesco's to court, if you're so convinced though.
It would set a good precedent either way.

whitegoods_engineer

Goods is goods! be it eggs, toasters, dvds, televisions or software. The SOGA applies equally to software. You will usually see a notice in supermarkets saying something like "Computer games will be exchanged for the same title UNLESS FOUND TO BE FAULTY; your statutory rights are not affected"

So they are stating their company policy but the law says they are bound by the SOGA, thats why the second sentence is added.

gordikin

Who knows if the supplier/OP or the purchaser has damaged the CD/DVD/disc...ie by way of a scratch perhaps?...how do we prove who is liable? The supplier is being reasonable in offering to replace I think?

whitegoods_engineer

gordikin wrote: »

Who knows if the supplier/OP or the purchaser has damaged the CD/DVD/disc...ie by way of a scratch perhaps?...how do we prove who is liable? The supplier is being reasonable in offering to replace I think?

The retailer would have to show that the damage was likely to have been caused by the customer. If there was a scratch in the disc, Tesco would reasonably be in a position to argue that since discs are supplied to them directly from the manufacturer, any scratches would have been likely to have been caused after purchase.

If there was no sign of obvious damage then Tesco should refund.

StudentSavySaver

If Tesco do not refund you have a 90 day warranty with Electronic Arts from the date of purchase.

If you send them a copy of the receipt, a statement describing the defects of the game, the faulty CD and a return address they will replace it free of charge

Electronic Arts
Customer Warranty
PO Box 1096
GUILDFORD
GU1 9JN