Tesco policy on faulty ps3

ARCHITECT_OF_FAIR_PLAY

Hi, I have spent nearly 3 hours on telephone calls to Tesco today, arguing with them about the Sale of Goods Act 1979, and my rights. The faulty PS3 is only 2 months old, and started to freeze, then would not enable log in, and now switches iteslf off after a few minutes of trying to log in....eventually, after getting 3 different advice tips from their help line, managed to speak to their Tech Help, who took us through some trouble shooting measures and eventually conceded that the PS3 was broken. They have arranged for a courier to collect the PS3, and will give us a replacement a few days later........so, I hear you ask, what is the problem..?

I am suspicious that the replacement will be a refurbished model, which although not the end of the world, is a little annoying, but my main concern is that the replacement is coming from Sony, and Tescos have completed ignored my rights, in association with them, fobbing me off to the manufacturer. When I telephoned them back, and said that I would be coming to the store for a full refund, or a replacement, under the terms and conditions of the Sale of Goods Act 1979, they claimed that their own policy overrides the SOGA, and it would be dealt with directly by Sony. Is this right, for a 2 month old product, we have the receipt, and just wanted a like for like replacement.....are Tescos acting ilegally..?

spacey2012

You should read all of the SOG.
They only owe you a remedy, which can be, repair, replacement like for like or refund.
The choice is theirs.

McKneff

After two months, yest they are correct and as spacey2012 says they have the choice to repair it, replace it or refund.

Obviously, they would normally choose the cheapest option.

Why do you feel particularly suspicious that they will send you a refurbished model.

neilmcl

ARCHITECT_OF_FAIR_PLAY wrote: »

Hi, I have spent nearly 3 hours on telephone calls to Tesco today, arguing with them about the Sale of Goods Act 1979, and my rights.

A good idea when "arguing" about the SOGA and your rights with a retailer is to get your facts straight beforehand!

As above, they have to offer you a remedy of either repair, replacement (can be refurbished to take into account previous usage) and repair (partially partial for the same reasons).

Fire_Fox

If you want to argue about the SOGA, write a letter quoting it don't argue with drones on the telephone 'help' line. If the refurb is only a couple of months old in the same or better state of wear and tear (albeit functioning) then it is a like-for-like replacement and you will be entitled to the exact same warranty.