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replacement offered, but it's a refurbished unit

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Hi all, 1st post so be gentle!

I bought a Sony Ps3 in July 2011 and it's now faulty. I contacted the shop (can i say who?) and they said it's up to Sony to sort out.

Sony said that it is faulty and would issue me with another Ps3, but...
they said it may be a refurbished model, a 4 month old item swapped for a second hand one!

I've read that it's the shops responsibilty to resolve this, the Sale of Goods Act says that my contract is with the shop not the manufacturer, and as it's less than 6 months old a repair or exchange should be offered.
I'm happy with a (new) exchange, but do I have to accept it being a refurbished model after only 4 months?

The other thing is that i've lost the receipt, but the shop has a record of purchase on their system.

Any help?
Thanks
Dave
«1345

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    As long as the refurb is no older than your faulty one, then yes. But you're right that it is up to the retailer to serve the remedy not the manufacturer.
  • yea name them. if it broke after only 6 months and well within the warranty period i'd expect a new replacement to be honest if they were unable to repair it, although i'm not sure of the legalities. maybe if the replacement is no older than the one that went wrong.

    and i know this closing the stable door after the horse has bolted but you should always try and keep receipts for big-ish purchases like that safe in a box somewhere in case this happens.
    Come on, it's not rocket surgery is it?
  • I phoned the Consumer Direct helpline, and...
    After 28 days a company can offer a repair or a like-for-like replacement which has to be of a similar condition, spec and age, including a refurbished item!

    prior to this it's a straight swop for a new item.

    So i've bought a new item that has lasted 4 months and now i'm going to get a second hand, sorry, a refurbished replacement...great!
  • undaunted
    undaunted Posts: 1,870 Forumite
    How did you pay for it? If by credit card you may be able to make a complaint / refund claim that way.

    Alternatively you only bought it 3 or 4 months ago & there appear to be known issues with PS3 so a claim that it was not of a satisfactory quality etc could be one way to go & in doing so stating that you require your existing unit repaired rather than it being replaced by a potentially older unit, a new unit (either way being what you paid for!) or alternatively require a full refund (when you could then obviously go out & buy a new unit again if you wish)

    What consumer on the PS3 http://whatconsumer.co.uk/faulty-playstation-3/

    Which advice on this type of situation here
    http://www.which.co.uk/consumer-rights/making-a-complaint/dealing-with-faulty-goods/your-rights/
  • I paid cash, paper money, and i've lost the damn receipt. I've found receipts for lots of old things but not this...typical

    What i've been told is, as it's been 4 months a new replacement would be classed as a betterment offer. An offer of a full refund is unlikely.

    A company can offer a repair or replacement, the replacement can be a refurbished unit of a similar age, but how would I know?

    In the Sony warranty it states that they decide whether to repair or replace.
  • You won't know unfortunately - remember your unit may be 4 months from purchase but the manufacture date would be somewhat different!
    Thinking critically since 1996....
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    happy_dave wrote: »
    I phoned the Consumer Direct helpline, and...
    After 28 days a company can offer a repair or a like-for-like replacement which has to be of a similar condition, spec and age, including a refurbished item!

    The law states you can reject for a full refun within 'reasonable' time, after which they must offer a remedy (which is effectively their choice). Not sure where they got 28 days from :huh:
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    undaunted wrote: »
    How did you pay for it? If by credit card you may be able to make a complaint / refund claim that way.

    I'm not sure the CC company would be so keen to refund though where a like for like replacement has been offered and the retailer has met their statutory obligation.
  • arcon5 wrote: »
    I'm not sure the CC company would be so keen to refund though where a like for like replacement has been offered and the retailer has met their statutory obligation.

    the retailer told me to contact Sony direct.

    I have obtained a print out of the receipt from the store today, i'm hoping this will be accepted as proof of purchase? Allowing me to go back into the store and demand that they deal with the problem.

    Obviously i'd like them to replace it with a new one, if it goes back to Sony to be checked i'll probably end up with a refurbished one anyway?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    happy_dave wrote: »
    the retailer told me to contact Sony direct.

    I have obtained a print out of the receipt from the store today, i'm hoping this will be accepted as proof of purchase? Allowing me to go back into the store and demand that they deal with the problem.

    Obviously i'd like them to replace it with a new one, if it goes back to Sony to be checked i'll probably end up with a refurbished one anyway?

    The reason they can replace with a "second hand" one is because technically, your "new" one isnt new. A refurb is basically a repaired one.

    They're supposed to put you in the same position you would have been in had the contract been performed correctly. By offering a repair or replacement (even with a refurb) they achieve this.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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