Faulty DSi purchased from Very

mustbemad

Hi, I wonder if anyone can give me advice on my problem.

On 20 October 2009, I purchased a DSi for my little boy for xmas while they were still in stock knowing how hard these things can be to get hold of if you miss your opportunity. It arrived on the 23rd of October and I put it away for christmas. Fast forward to Christmas day and woohoo, Santa sent me a DSi Mummy and in my favourite colour aswell Imagine the disappointment then to find that the new console was actually faulty :sad: The game will not stay in the console, you push it down, it doesnt click but just pops straight up again.

So, I phoned Very and they said I would need to contact Nintendo as it was past the 28 day home approval period :sad: I was not happy about this at, the item was faulty from the box, why should I have to accept a repair? Anyway, I had to phone nintendo and they said yes it would need to be sent back and they would email me a postage label, 3 days on and still no label :mad: Well while I have been waiting, I have been looking around and found some information on the SOGA and 'fit for purchase' As the item is a games console that is unable to play a game, can I claim under this act and if so, how do I go about it cos Very are very insistant that they wont take it back and its between me and Nintendo?

I would really appreciate some advice on this,

Thanks, MBM x

4743hudsonj

You could reject the goods under the act and claim a full refund or a replacement(if available). Your problem will be proving that you were within "reasonable time". But with xmas n all, these circumstances are very common and about the only time you can get away with this.

Read more on SOGA on consumer directs site.

mustbemad

Well phoning Very again didnt help, they are still spouting the same rubbish about it being out of 28 days so I have to accept a repair.

I guess I will need to start searching the net for were to go next, any advice would be very welcome

mbm x