360/Refund

kriss_boy

I purchased a 360 approx 3 weeks ago, from game station and I still have the receipt.

As you may know they are riddled with bugs and the machines constantly crashes and I get booted from games due to networking problems. Microsoft of course famous for its lack of compatibility with particular products from its competitors.

A weeks passed and I havent even switched the machine on because within 5 mins of entering a game I'll get booted.

What are my rights? My brother says gamestation wont issue a refund and instead they will send it off to be repaired! But considering the sales assistant who sold it to me admitted he was on his 5th 360 in 12 months Im not keen on keeping it.

What can I say to get my money back hassle free. Id love to keep it, I love the games, but its ruined by the freezing and its a problem that wont go away according to many other owners!

furrypolka

You need to act quickly.

Take the xbox back to the shop. State that you are rejecting it as it is not of satisfactory quality or fit for its purpose and therefore does not comply with the terms of the Sale of Goods Act 1979. Stress that you are rejecting the item and wish to claim a full refund.

This legislation gives consumers a reasonable period of time in which to check items they have purchased for faults, and within this time they can reject the goods for a full refund. However this timescale - while not defined in law - is usually relatively short - usually 2-3 weeks. Ultimately only a judge can decide whether you have rejected within a reasonable time, if the trader refuses to refund.

Case law relevant:

Bernstein v Pamson Motors (1987)
Mr Bernstein purchased a new Nissan car and after only three weeks and 140 miles the engine seized up on the motorway. The car was held not to be of merchantable quality (now known as satisfactory quality) and damages were awarded. The car could not be rejected since the court held that it had been accepted even though Mr Bernstein had only had it for three weeks.

You'd be a borderline case if you have had the goods for three weeks but it is worth a try.

Once this reasonable time has passed, the trader is entitled to offer a repair or replacement in the first instance.

kriss_boy

Ok Ill speak to them today!

A after a week I asked them to change one of the games because I told them it kept freezing. The replacement freezes too however and the networking problems have persisted.

kriss_boy

I went in and they umm'd and ahhhh'd but said bring it in and we will give you another one.

Only problem is Ill lose a lot of my saved data!!

Ill give this one a go and see how i get on.

demonicangel

kriss_boy wrote:

Ok Ill speak to them today!

A after a week I asked them to change one of the games because I told them it kept freezing. The replacement freezes too however and the networking problems have persisted.

That sounds more like the console freezing not the game to me. I have had my 360 for 10 months and it has only just started to freeze on me. I have just emailed the xbox team at microsoft and am waiting for a reply from them.

mitchb

kriss_boy wrote:

I went in and they umm'd and ahhhh'd but said bring it in and we will give you another one.

Only problem is Ill lose a lot of my saved data!!

Ill give this one a go and see how i get on.

Ask them if they can just swop the body of the console and let you keep your current hard drive.

Another store did this for a mate of mine

kriss_boy

I went in to swap my xbox 360 today and of course I was met with smugs and grins from a bunch of jumped up nerds behind the counter.

This replacement will crash, they all do, and I'll contine to have networking problems.

How do I get my money back? Im not prepared to waste another of my lunch hours going down to their shop.

I actually phoned their customer line and said I was considering buying an xbox but was worried about the publised problems. I asked if I had recurring problems for the first few weeks would I get a full refund and the call centre person said yes.

So why are they refusing me it in the shop?

hollydays

Make the same call again while in the shop,then hand over the phone to them.

alba37

Just a thought, but could the network problems be due to your network? I know there have been many documented problems with the 360, but ours is a year old and so far so good. (god, bet I'm tempting fate by saying that!)

Still, I think you should be given a refund, I wouldn't be happy if it happened to me. Good luck, let us know how it goes.

kriss_boy

The machines crash. Admittedly I could live with that.

The machines boasts internet connectivity. Even shows a pic on the box of how all you need is a modem and a subscription. Thats definately not the case.

Theres been many reports, and indeed petitions, to correct the problems the console has connecting to the internet. Problems with many brands of routers. Waiting times to enter games is very slow and once in games I keep getting kicked out despite having 4meg braodband.

So my arguement is the machine crashes, and its too temperamental when played over the internet. No where did it state I would need a new router, or rather need to try several to find one which is compatible. As yet microsft dont have answers for the networking problems despite many angry owners.

Most of all Im just so annoyed by the service from this shop I want my money back so I can buy it elsewhere.

furrypolka

If you've accepted the replacement there's not much you can do now unless that goes wrong, in which case you can push for rescission of the contract which is a refund less an amount for any wear and tear you will have enjoyed from the product up to the point of return.