Dsi XL broke after 1 charge what are my rights??

Witter

Hi all, i bought a dsi Xl on 16.6.10 for my daughters birthday 28th june, i charged it and it ran out today i put it on charge but it wont charge. I have rang toys r us tonight and have been told i have to send it to nintendo. My daughter is really upset as it was her bday present and we did nothing to it. Do toy r us have to replace it or sort it out? I bought it from them. They told me i have to send it off n wait 10 to 14 days for nintendo to deal with it. Shouldnt toy r us have to lend us a ds untill its been sorted out? Please can someone help me

jessex1990

i think you can return it as you aint had it 2 weeks, may be wrong though

OlliesDad

You have a right to reject the item within a "reasonable" time. This time is deemed to be until you have had a chance to inspect the item and use the features (once this has time has passed it is deemed that you have accepted the goods).

In this case i doubt that the length if time can be seen as long enough for acceptance, but if you were to argue it with Toys r Us and they refused, you would have to go to small claims court which would take quite a while.

Now if we assume that Toys R Us are correct and a reasonable time has elapsed, then any remedy for the faulty unit would be the responsibility of Toys R us. You could force them to deal with Nintendo directly (but if they refuse it would be small claims court).

I'm sure the most important thing for you at the moment is to get the DSi working for your daughter, so in this situation, it would be more sensible to deal with Nintendo directly.

wayne99

try this:

we had two ds lites, one after about a week wouldnt charge, we used the charger from the other ds and it was fine.

do you know anyone with a charger for a dsi so you could test it out ?

you may find it is just the charger unit that is at fault and not the dsi, if it is the charger you could contact nintendo and explain it to them and i would imagine they would send out a new one.

http://www.nintendo.co.uk/NOE/en_GB/support_62.html

phone number is on this page.

if it is not the charger, go back to toys r us, and kick off really bad at them infornt of there customers that will either get you a refund or get you banned from the store,...................... joking lol,

seriously go back to the store and demand to see the manager and explain the situation, perhaps he or she will have a little more brain power then the numpty in the returns debt.

marleyboy

In such a short space of time you can ask for a replacement or refund, if Toys R Us want to send it off, thats upto them, its not your duty.

The retailer’s obligations

If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.

http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

Bamber19

marleyboy wrote: »

In such a short space of time you can ask for a replacement or refund, if Toys R Us want to send it off, thats upto them, its not your duty.

http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

You can ask for a replacement or refnd, yes, but Toys r Us are entitled to say no and insist on having the item repaired. It's a pretty shoddy move in terms of goodwill but it's what I'd expect from them, especially when their opening move is to refer the customer to the manufacturer.

neilmcl

Bamber19 wrote: »

You can ask for a replacement or refnd, yes, but Toys r Us are entitled to say no and insist on having the item repaired.

Not if the buyer has rejected the item within a "reasonable time", in which case they'll be entitled to a full refund or replacement.

Bamber19

neilmcl wrote: »

Not if the buyer has rejected the item within a "reasonable time", in which case they'll be entitled to a full refund or replacement.

...and we'll find out whether it was a reasonable time or not after the court case...

marleyboy

Bamber19 wrote: »

...and we'll find out whether it was a reasonable time or not after the court case...

The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.

http://whatconsumer.co.uk/shops-responsibility/

unholyangel

I think bamber was meaning for the refund, not the replacement.

Obviously the refund part must be requested within "reasonable time" although there is nothing to say what is "reasonable".

Bamber19

unholyangel wrote: »

I think bamber was meaning for the refund, not the replacement.

Obviously the refund part must be requested within "reasonable time" although there is nothing to say what is "reasonable".

Yep, MB's got the wrong end of the stick, their post in resposnse to mine has nothing to do with what i said... I'm not saying it's the manufacturer's responsibility at all :huh:

MB, what I was saying was that if you are rejecting goods within a reasonable time you are entitled to a refund (as neilmcl says) but that companies are likely to play hard ball and say the goods were accepted and are in fact being returned as faulty after initially being inspected and accepted. The only way to establish who is correct would be court.