Turtlebeach X31 headset from CEX - no RF transmitter included!

WelshBluebird

Just wondering what my rights are here, and what is likely to happen.

My mother bought me a set of Turtle Beach X31 wireless gaming headpones for Christmas (although I am 21, I am still spoilt! ). She ordered it from the CEX website, and there was nothing to suggest that the required parts for the headset to be used (the RF transmitter for one) would not be included.
My mother, not knowing any different, assumed that when she received it, everything needed was there. This was around the first week of December.

I opened the present today to find just the headset. There was no RF transmitter included, which essentially makes the headphones useless (as you need the RF transmitter to use them!).

Me and my mother have sent off an email to CEX just querying it, but I have a feeling they are going to hide behind either the time since it was delivered, or they are going to claim that is all that is provided by them. If they do try either of those, would I be within my rights in claiming that they are breaking consumer law as the headset would not be fit for purpose?

Thanks,
Marc.

pcombo

Thats what happens when you buy second hand stuff.

WelshBluebird

pcombo wrote: »

Thats what happens when you buy second hand stuff.

Surely that is immaterial though?
As a retail shop, they have to abide by the laws of this country regarding selling goods.
If something is not a complete package, then surely that MUST be made clear (or at the very least mentioned)?

pcombo

I'm not saying your wrong in anyway I do agree with you. Was just stating second hand store

And yes i think you should get a full refund as you said the goods are deemed useless without the transmitter.

Not a nice thing to happen on christmas day. I guess you wont get a reply from CEX untill january.

mp3boy

Unfortunately this does sometimes happen with CeX. I buy £1000+ of stuff from them every month and about 20% of the console/media accessories will arrive with missing parts.

Orders are shipped directly from whichever store has it in stock so it's not possible to return it to a local store, it has to be done online.

They usually take about a week to respond to emails but their standard procedure is to check with the store to see if they have the missing part. If they can't find it, they'll ask you to send it back for a refund or replacement. If you send in a receipt they'll credit back your postage, but that does normally take about a month.

Missing parts are covered by the 12 month warranty.

arcon5

Was is described of having the transmitter included? If not you may have difficulty getting any remedy unless it would be implied (e.g. a plug installed on a washing machine would be implied)

There's also an issue with 'acceptance' -- being after this period of time she would be deemed to have accepted the goods.

If the company do offer a rememdy, whether a repair, replacement or refund -- if would be effectively their choice at this stage. You wouldn't have an automatic right to a refund after nearly 4 weeks

arcon5

pcombo wrote: »

I'm not saying your wrong in anyway I do agree with you. Was just stating second hand store

And yes i think you should get a full refund as you said the goods are deemed useless without the transmitter.

Not a nice thing to happen on christmas day. I guess you wont get a reply from CEX untill january.

Not necessarily. A computer unit is useless without a monitor, but you wouldn't automatically have a right to a refund if you bought it without. So it really depends on the type of product/description

oldagetraveller

Although this is titled just a headset, further down what's in the box is listed. So I would certainly expect the transmitter to be included. http://www.limexb360.co.uk/product/Turtle_Beach_EarForce_X31_XBOX360_Wireless_Gaming_Headset_TBEFX31 if I was buying, second hand or not!
Unless the seller is going to say we sold a headset, that's what you got.

WelshBluebird

Thanks for the replies.

pcombo wrote: »

I guess you wont get a reply from CEX untill january.

I thought that would probably be the case anyway. Certainly not expecting a reply for at least a week, if not more.

arcon5 wrote: »

Was is described of having the transmitter included? If not you may have difficulty getting any remedy unless it would be implied (e.g. a plug installed on a washing machine would be implied)

In my view, it should be the other way around surely? The correct assumption would be that the headset comes with everything that you would normally get with it. If they are selling goods that only come as "parts" like this, then then need to be specifically saying that.

arcon5 wrote: »

There's also an issue with 'acceptance' -- being after this period of time she would be deemed to have accepted the goods.

If the company do offer a rememdy, whether a repair, replacement or refund -- if would be effectively their choice at this stage. You wouldn't have an automatic right to a refund after nearly 4 weeks

I do agree that is where we may have a problem. Although I am not sure of how far the law goes (ie - does the period of time affect the rights you have regarding if item has all the parts etc). Even then though, you do tend to find shops are more flexible regarding christmas gifts, so we'll have to see.

arcon5 wrote: »

Not necessarily. A computer unit is useless without a monitor, but you wouldn't automatically have a right to a refund if you bought it without. So it really depends on the type of product/description

It is a little different here though.
Normally, the transmitter is included with the headset when it is sold by a retailer. And so unless the retailer specifically says that the transmitter is not included (or that only the headset part is included), then surely the retailer should be providing all the parts that normally come with the item?

oldagetraveller wrote: »

Although this is titled just a headset, further down what's in the box is listed. So I would certainly expect the transmitter to be included. http://www.limexb360.co.uk/product/Turtle_Beach_EarForce_X31_XBOX360_Wireless_Gaming_Headset_TBEFX31 if I was buying, second hand or not!
Unless the seller is going to say we sold a headset, that's what you got.

Yeah, that is my opinion also.
Just going to have to wait to see what CEX say now though.

Honeydog

So what happened OP?

chrismcfall

The WeCare guys will email the store to see if its been left in store by accident. It most likely was bought into the store in error without the RF bit by accident. If the store doenst have the part they'll source you a replacement from a store (if a store who does Ecommerce has it in stock, ATM there is 1 in stock online), if not I think they just refund!