Tesco wont refund

System

Good luck to the OP on getting a refund but his chances of succeeding for an item with a very high rate of copying is slim at best.

Tozer

!!!!!! wrote: »

Good luck to the OP on getting a refund but his chances of succeeding for an item with a very high rate of copying is slim at best.

....based on nothing in either law or practice....

Assuming the item is faulty, OP is fully entitled to a refund - as with any other type of goods.

Oh, and do you really think Tesco will be bothered to defend a small claims action such as this?

Tozer

pcombo wrote: »

It's actually the law there not allowed to accept it back and refund.

Absolute rubbish.

sarahg1969

pcombo wrote: »

It's actually the law there not allowed to accept it back and refund.

Would you care to explain? :rolleyes:

sarahg1969

pcombo wrote: »

The small print:

1. The product must be returned with the original packaging intact.

http://www.tesco.com/help/ents/#16


Even more so if its a game or dvd or software.

Did you read the rest of the small print:

4. Your statutory rights are not affected.

:rolleyes:

System

Tozer wrote: »

....based on nothing in either law or practice....

Assuming the item is faulty, OP is fully entitled to a refund - as with any other type of goods.

Oh, and do you really think Tesco will be bothered to defend a small claims action such as this?

What would the OP be claiming? Small claims is to put somebody back in the position that they were in beforehand (financial wise). A replacement game achieves this.

There may be a case for TS to take some action but this would not help the OP with his duplicated game problem.

pcombo

Doesn't matter sarahg the product cannot be returned if it was open. Its the same with anything. And more so if its a Game/DVD/CD/Computer Software. As this can all be copied and that would mean the product would be free.

Contacting the game manufacturer will be best idea if the game is not working.

Tozer

!!!!!! wrote: »

What would the OP be claiming? Small claims is to put somebody back in the position that they were in beforehand (financial wise). A replacement game achieves this.

There may be a case for TS to take some action but this would not help the OP with his duplicated game problem.

Actually, you are thinking about restitutionary damages. Common law contractual damages put the party in the position they would have been if the contract had been performed correctly.

My advice was based upon the fact that the software is faulty.

Tozer

pcombo wrote: »

The small print:

1. The product must be returned with the original packaging intact.

http://www.tesco.com/help/ents/#16


Even more so if its a game or dvd or software.

Please don't quote "law" when very clearly you do not understand the difference between Tesco's returns policy and the right to a refund under Sale of Goods Act.

Oh - and Sarah is totally right - if in doubt, have a look at section 2 Unfair Contract Terms Act 1977

sarahg1969

pcombo wrote: »

Doesn't matter sarahg the product cannot be returned if it was open. Its the same with anything.

You are wrong.

Tesco's own terms and conditions say that they will refund if you change your mind, so long as a product is returned in its original condition and packaging. However, this cannot override your rights under the SOGA (or any other Act). You are getting confused between Tesco's policy and the law.

What's obviously happened in this case is that the Tesco staff member either does not appreciate that the OP is returning a faulty item, or does not understand the law and is just quoting the Tesco terms and conditions.