xbox live promotional game do I have rights?

mellowfields27

I have been chasing xbox since we signed up for xbox live in February with a promotional free game offer. I still have not received the game. I have been told an email would be sent, it never came. Told to wait 6 weeks and the game would arrive, it never did. Now they are telling me to chase royal mail as the game was sent but they do not have proof of postage or a postage date and are not sure if it was sent from a british or czech republic service centre! I just have to take their word that it was sent! Do I have any rights? I may not have bought the xbox live subsciption without the offer. Please help, I think microsoft are more than happy to take my money but their customer service whilst polite gets me nowhere. :mad:

brettcta

what game was it?

PZH

mellowfields27 wrote: »

I have been chasing xbox since we signed up for xbox live in February with a promotional free game offer....

Do I have any rights?

Assuming that the game is actually showing on your receipt as part of the xbox live package - then yes, you are entitled to the game as it formed part of your contract with them.

mellowfields27 wrote: »

...the game was sent but they do not have proof of postage or a postage date...

If they cannot show proof of delivery (NB: Proof of postage is irrelevent) then they need to send the game again.

mellowfields27 wrote: »

Now they are telling me to chase royal mail...

Tell them that is for them to do - their contract with their choosen delivery company has nothing to do with you.

custardy

mellowfields27 wrote: »

I have been chasing xbox since we signed up for xbox live in February with a promotional free game offer. I still have not received the game. I have been told an email would be sent, it never came. Told to wait 6 weeks and the game would arrive, it never did. Now they are telling me to chase royal mail as the game was sent but they do not have proof of postage or a postage date and are not sure if it was sent from a british or czech republic service centre! I just have to take their word that it was sent! Do I have any rights? I may not have bought the xbox live subsciption without the offer. Please help, I think microsoft are more than happy to take my money but their customer service whilst polite gets me nowhere. :mad:

well remembered
I seem to recall my last live subscription involved a free game!

vyle

Did you check your junk emails?

custardy

vyle wrote: »

Did you check your junk emails?

found it
was in my junk folder from months ago
code still valid

mellowfields27

I will check my junk emails, but xbox had suggested I do that too.

The game was fable 3 from a choice of 3, can't remember what the others were.

Thanks for advice, not sure if there is a receipt of any sort as the subscription was bought through actual xbox itself. Without making it a long story..... we had problems intially as it didn't seem to go through so we bought a 3 month sub voucher from a game shop, only to find once we put that code in that the 12month sub had gone through, so we ended up buying 15 months in total. Which makes me even crosser as xbox are more than happy to take my money.

arcon5

It doesn't say 'subject to availability' or anything does it?

Chun

Hi Mellowfields

I am in the same boat.

Xbox say they posted the game and therefore i need to take this up with the post office if i have not received it.

They say that T&C's mean that Microsoft cannot be held responsible for items 'lost in transit'.

This is contray to the Sales of goods act and the Distant selling regulations.

I have sent a registered letter to their head office in Reading outling how the 'free' game is part of the promotion/contract and so is covered as part of the sales of goods act and also how delivery of goods is the responsibility of the seller and so they need to either provide a full refund or a new game.

The small claims court is the next step!

Keep up the fight!

PS - Also logged this with consumer direct who believe i have a case and are looking at informing trading standards...

I do not understand how a company as big as MS can be so poor on customer service.

Christian.

mellowfields27

Hi!
Thats great to hear someone else is fighting for their rights too!

I believe microsoft are banking on the fact that most people will give up, well they're so wrong!

I have had same message about the T & C's today, but requested their legal department address and will be sending a letter too, so would be great to keep this thread up and see how we get on.

Well done Christian.:T

Regards

Jane

pcombo

it's a promotion lol, you dont have rights its a gift that can be stopped instantly.