Advice Needed - Tesco/Xbox

cd02

Hi.

My brother in law purchased an xbox elite last saturday night from his local tesco and when he got it home, he opened the box to find a used arcade xbox, no controllers or wires.

He returned the next day to speak to the manager and ask for a swap/refund but the store are saying its not possible and he's obviosuly switched them and trying to pull a fast one.

Could someone give me some advice on what he can do as the store won't move on it but surely somethings he can do to get it sorted ??

Any help would be appreciated.

Anihilator

Was the seal broken when he got it?

These items have seals on them for this reason. I hate to say it but he will struggle if Tesco take this stance with him. Obviously escalate the complaint but if Tesco say no there may be a fight on here as the seal is there to cover the SOGA.

cd02

not sure about the seal, i'll have to check with him later. I just feel bad for them as their house was done over the week before and being young and all, didn't have contents insurance and lost a lot and now this..

Just so I know where I'm going with this, if the seal wasn't broken when he got it home, where would they stand and same with if it was broken ?

And having brought products like this before from a supermarket, I normally find they go out back and put the box in a bag and hand you the bag. If this was the case, could they not use that as an argument as to why they didn't check the seal before they left the store?

4743hudsonj

if the seal was complete, he will get nowhere. If it wasnt he still will have lots of trouble, as he will have to prove the seal WAS broke.

jdturk

i don't think its worth giving in, an Xbox elite is a fair amount of money. I would start with the manager and work your way up the chain in the hope someone will over ride the managers decision (they may not of course). Unfortunately as you have no proof that the used arcade model was in there from the beginning it may be very tricky for you brother

neilmcl

cd02 wrote: »

not sure about the seal, i'll have to check with him later. I just feel bad for them as their house was done over the week before and being young and all, didn't have contents insurance and lost a lot and now this.

Young or not, if he can afford to splash out on an Xbox 360 Elite I'm pretty sure he can afford contents insurance.

AfterDark

I doubt tesco will back down, as for there high vaule item they normally check the seal before running in through the till. He could contact MS and tell them they put the wrong console in the box but doubt they would take it on either.

Norant

Hello CD02.

Its a shame that you have had an experience like this,however i have to agree with others when they say you should always check.

Even if i am getting something delivered from a courier,i will either have him/her wait while i check the item,or i will put on the invoice item not checked.

cd02

Thanks for the feedback ppl...

Norant wrote: »

Hello CD02.

Its a shame that you have had an experience like this,however i have to agree with others when they say you should always check.

Even if i am getting something delivered from a courier,i will either have him/her wait while i check the item,or i will put on the invoice item not checked.

Erm, lol don't think you read the first post as its not me with the problem but thanks anyways.

pitkin2020

Norant wrote: »

i will put on the invoice item not checked.

that wont stand, items either have to be signed for as accepted or signed for as damaged

Norant

pitkin2020 wrote: »

that wont stand, items either have to be signed for as accepted or signed for as damaged

Signed for as damaged,once you sign for something does it not then become your property?

Surley you mean you refuse delivery if damaged.I always if it is a big item say for example a cooker....that cannot be opened and checked in the street put on the delivery note that the item was unchecked.

I dont know where that stands in law,but i remember doing it from years ago after watching an episode of a consumer programme and that was the advice they gave.

Would you really sign for something that was damaged?