Returns on faulty products.

Joseph99_2

Hi there. Srry to bother people but I need advice on a few things and a freind sudgested asking here.

I'm trying to clear up a bit of confusion regarding returns on faulty electrical goods. Namely an xbox 360 elite.
I bought this console at the end of October from my local Tesco but it failed a couple of days ago with a known, notorious error. One red light, e74. Once this error happens, the console can't be recovered without voiding the warranty. It needs to be returned and there is a "replace with new" policy on these consoles for one year.

Problem is that as the console was bought from Tesco and is well within it's 1 year warranty, I phoned Tesco support for advice and possibly to arrange a return. They refused. The said that as the console is more than 28 days old, I would need to bring the issue up with Microsoft themselves.

Now, and this is were I'm confused, as far as I've always understood it, if you buy a product from a retailer that comes with a years guarentee and fails in that year then there is consumer laws that state that the retailer must at least offer a repair or replacement.
Further to this, I've always been under the impression that the 28 days refers to money back, not repair or replacement.
Please, correct me if I'm wrong but I'm certain I read that on a consumer advice thread someware...

So, can anyone please explain to me exactly how it realy stands? I don't want to send the thing to America and wait nearly a month for a new replaicement only to find Tesco could have easily replaced it themselves.


Edit: Just to add ( not that I think it would make a difference ) although the console was bought in October, it wasn't used till Christmas as it was a present for my son. In reality, it only lasted a couple of weeks.

4743hudsonj

You have confused Your statutory rights (retailer) with manufacturer warranties (microsoft).

Usually on here we advise the sale of goods act, however this will only earn you a repair or replacement (they choose - refund is HIGHLY doubtful) and to do tis, they will send the box off to microsoft anyways.

So i advise you go straight to microsoft as they offer a 3 year warranty for this problem and RROD. There service has become quite slick and will be your fastest and easiest option.

misssarahleigh

your totally correct as far as i know. the 28 days refers to if your simply unhappy. A gesture of good will from the company, unfortunately many people believe this means they cannot return faulty items after 28 days. Drives me MAD!!!!!!!!

Tesco have to replace the product. phone again and get a different agent and if they say the same explain what you have done here and speak to a manager.

Joseph99_2

Thanx for the speedy answer and for clearing that up.

misssarahleigh

4743hudsonj wrote: »

You have confused Your statutory rights (retailer) with manufacturer warranties (microsoft).

Usually on here we advise the sale of goods act, however this will only earn you a repair or replacement (they choose - refund is HIGHLY doubtful) and to do tis, they will send the box off to microsoft anyways.

So i advise you go straight to microsoft as they offer a 3 year warranty for this problem and RROD. There service has become quite slick and will be your fastest and easiest option.

If like the op said it's a known fault, a replacement will be issued. They will have no choice. As far as i'm aware Tesco still have the responsibility over this item

4743hudsonj

misssarahleigh wrote: »

your totally correct as far as i know. the 28 days refers to if your simply unhappy. A gesture of good will from the company, unfortunately many people believe this means they cannot return faulty items after 28 days. Drives me MAD!!!!!!!!

Tesco have to replace the product. phone again and get a different agent and if they say the same explain what you have done here and speak to a manager.

rubbish (to the second paragraph)

They do not have to replace at all if they dont want to, repair is perfectly legal. Follow the advice i posted OP as this was correct and had your best interests at mind. Something of a rarity on here. (plenty of false advice going around)

misssarahleigh

4743hudsonj wrote: »

rubbish (to the second paragraph)

They do not have to replace at all if they dont want to, repair is perfectly legal. Follow the advice i posted OP as this was correct and had your best interests at mind. Something of a rarity on here. (plenty of false advice going around)

I don't think your comment was fair. I have returned a TV to Tesco, without any difficulty and i've had many experience of people trying tell me i cannot take faulty items back. Personally, i think it's worth a second call.

4743hudsonj

misssarahleigh wrote: »

If like the op said it's a known fault, a replacement will be issued. They will have no choice. As far as i'm aware Tesco still have the responsibility over this item

Rubbish again. They can repair if they want to. And this is wha tthey will do as its much cheaper for the,. Hence why i advised go straight to microsoft as it cuts out the middle man.

If you insist on disagreeing with fact and giving the op your false opinion then you should read the sale of goods act 1979. Specifically the parts about suitable recourse;)

4743hudsonj

misssarahleigh wrote: »

I don't think your comment was fair. I have returned a TV to Tesco, without any difficulty and i've had many experience of people trying tell me i cannot take faulty items back. Personally, i think it's worth a second call.

Try by all means, but the xbox has such a failure history, a repair is almost guaranteed and just as fair. And of course as stated, its perfectly legal.

You are writing your own lucky experiences as what the law require as a minimum. I.e. you state they HAVE to repair which is incorrect. not impossible but still utter rubbish.

misssarahleigh

I'm not having an argument in a forum about this.

I wish you success in your venture to get your Xbox returned/repaired

Joseph99_2

I was right. Just found this on consumerdirect.gov.

If you have only used it a few times or haven’t had a reasonable opportunity to check them, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement.

If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.

If you have used it more than a few times or have had a reasonable opportunity to check them, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore goods to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of hiring a temporary replacement, or perhaps the loan of a replacement.

If the goods cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the goods.

If the goods have damaged anything else or you are out of pocket in any other way, you may be entitled to compensation over and above the price of the original goods.

The trader must sort out your problem, not the manufacturer

Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer.

There getting hell from me tomorow.


Edit: Thats from the "know your rights/electricals" section. Srry, not allowed to post links.