Game shops con? Is this Legal?

shagzdan

Hello there,
I am an avid pc software/game buyer and I spend at least £50 a month on Pc games and software.
Now the shops that I use particularly "Game" operate a "non returns policy on pc software" I question, is this legal?

They say "we do not exchange pc software, after it has been put into the computer, so have you checked your pc specs as we can't refund or exchange"
Therefore you cannot tell if the application works and in the event that it doesn't you are up the creek and money down without a paddle!!

Any thoughts?

Jay-Jay_4

They said that to me when I bought some PC Games before Xmas. They did say, however, that if the game was unopened they would exchange it for me.

If you buy console games from Asda they won't exchange them yet at Game, you have 10 days to take them home, try them and if you don't like them, swap them for another. That's pretty good in my opinion.

valiant23

Okay. When these shops say they operate a "non returns policy" thats all it is, a policy. They do this to discourage people from taking software home, ripping a copy and returning it for a refund.

However, by law if a product (incuding software) is not fit for purpose (in these terms a bug-ridden piece of ...), you ARE entitled to a full refund. Of course it is an oversight on their part that they don't say "your statutory rights are not affected", but with any company policy your statutory rights are not affected.

I have returned software (PC and console) and I've had very few problems when I've said that 'I've installed it but it won't run' or 'it keeps crashing'. Of course they may offer an exchange- say no thanks. They may offer a credit note- say no thanks (unless it suits yiou to have one). They may start spouting 'company policy.....' you say "it is not of merchantible quality nor fit for purpose and as such I'm entitled by law to a refund".

It is very important that not only do you know you are right but that you believe you are right. When they try to deny you your consumer rights they are trying to steal from you. Don't let them do it and treat them with the same regard as any thief. Stand up for yourself and when it happens for the first time look upon it as a chance to hone your skills, but don't lose! Try it on a busy saturday when they may not want to spend time arguing and don't hesitate in asking for the area managers office name and office address.

Rant over, but I hope this helps.

wirm

excellent post valiant23! really helpful to me!

Fatboy_NSS

However in this case the software would have to be faulty (ie not work at all on any system) for you to get your money back. If some people can get the software running then it is clearly fit for it's purpose. If the software doesn't run on your hardware then it is more likely that your system isn't up to the job, which isn't the fault of the retailer hence they wouldn't have to give you your money back.

valiant23

Fatboy_NSS wrote:

However in this case the software would have to be faulty (ie not work at all on any system) for you to get your money back. If some people can get the software running then it is clearly fit for it's purpose. If the software doesn't run on your hardware then it is more likely that your system isn't up to the job, which isn't the fault of the retailer hence they wouldn't have to give you your money back.

Well no, I don't agree but if I may give you a current example...

I've bought the very popular FM2005 (used to be called Championship Manager) and the specs required are as follows:-

Minimum Specs
600mhz processor
128mb ram
Directx 8.1
sound card
4x CD-rom drive
1024x768 32-bit display
650mb HD space

Recommended Specs
1.8Ghz processor
256mb ram
8x CD-rom

As you can see this is not exactly demanding software and my PC easily matches the 'system requirements', but it keeps crashing on my PC. I've checked the company web-site and tried various recommended fixes to no avail. This means I'm entitled to a refund.

I have also bought software that I believed (cos of the box) would run on my PC, checked out the 'readme' file to discover that there may be a conflict with my graphics card.

I have to open the box to discover this info., so surely I was entitled to a refund.

Poppy9

Of course it is an oversight on their part that they don't say "your statutory rights are not affected", but with any company policy your statutory rights are not affected.

Not only is it an oversight it's also illegal not to point this out. Contact your local trading standards office to tell them the shop has signs which imply they are varying your rights under the Sale of Goods Act.

shagzdan

I have at present some faulty Pc software and I intend to take it back, so this will be an ideal opportunity to excercise my consumer rights.
I just find it difficult arguing with some spotty teenager on their own company policies and im looking forward to a bit of positive consumer confrontation now!

Thanks

deemy2004

I took back a PS2 game, my 4 year old kid used it for about a week so.... ahem. it was in bit of a grubby state !

They took it back, said cos of the state of the dvd i.e. all the scratches .... that they would send it back as faulty

So ....... scritch scratch for a refund

jellyhead

odd that they'll take PS2 games back and not PC games though, surely if you know how to rip software you're just as likely to find out how to copy the PS2 games?