Asda refuses refund on video games

chattychappy

Hominu wrote: »

I'm not selectively editing. It clearly states at the top of the page "Exchange or refund".

It doesn't. It is headed "Exchanges and refunds".

It then says:

"We hope you are always happy with your Asda purchase; however, if you are not completely satisfied we are happy to… Exchange or Refund as per the policy below."

And the policy is then explained.

Hominu wrote: »

It does not state that refunds are not permitted for video games,

So what? It doesn't say that they are. It says that "Exchange or Refund" is as per the policy which is then explained. In the case of video games they say you can exchange.

Hominu wrote: »

"you have 28 days to change your mind. Products must be returned in their original condition** and supported by proof of purchase". It also says "We will offer a one-time-only exchange of title", which would suggest a restriction on the exchange, not the refund part of the contract.

It IS a restriction on the exchange (not a mere suggestion). Refunds don't enter into it.

Hominu wrote: »

If they mean that they'll only accept a single exchange and they don't accept refunds, then they should make that clear.

It is clear. ASDA have a refunds + exchange policy. The policy is different for different product groupings.

Hominu wrote: »

Other stores clearly state "We can not provide refunds or exchanges on video game purchases unless they are faulty. This does not affect your statutory rights.". Makes far more sense and clears any confusion.

So what? ASDA have chosen to offer the option of a once-off exchange. That's their commercial decision.

Hopefully you are not confused any more..

Gromitt

Pound wrote: »

If they mean swap it for another game it's a very poor way of wording it. You don't buy a title, you buy a game, the title is a property of the game.

I thought the title was the rights to install and play that game, as it were if you had the title to a vehicle, you are then the rightful owner of that vehicle unless you transferred the title to someone else, but then you could say that Asda can not impose further restrictions on the original rights from the software publisher and so they would then become null and void.

I've got to admit, Asda's policy is very confusing.

Hominu

It is still confusing to read, I know you have no return right, but the vast majority of people don't and need it clearly stated. Heck, we have to write on coffee cups "Caution: Contents may be hot", so you know the average IQ level.

So instead of saying "ASDA 28-Day Exchange and Return Policy: We will offer a one-time-only exchange of title." they should change to something more like "ASDA Exchange Policy: You may exchange unopened games and videos within 28 days for a different game or video. You may only do this once for each game or video that you purchase. Proof of purchase is required. We can not provide refunds unless the game or video is faulty. This does not affect your statutory or consumer rights."

dawyldthing

if its relatively new try and sell it on one of the hundreds of facebook sites or to cex or something as although you won't get the whole lot back you'll get something out of it and it will be a lesson learnt for next time to mull over purchases for a while before buying things to make sure it is what you want

pvt

Gromitt wrote: »

I thought the title was the rights to install and play that game, as it were if you had the title to a vehicle, you are then the rightful owner of that vehicle unless you transferred the title to someone else,

Knowledge of a bit of legal jargon is a dangerous thing ...

You would never be sold title to the game. You would only be being granted a licence to use the software in perpetuity. If you had beneficial title you could of course then copy it and sell it to whoever you wish.

As has been stated by sensible people - title in Asda's unambiguous Ts&Cs obviously means you can change the game you have purchased for another one. If you fancy trying to argue otherwise in a court then at least you'll provide a judge with some entertainment.

chattychappy

pvt wrote: »

then at least you'll provide a judge with some entertainment.

and if he didn't like it he could return it for ... oh never mind!

monty-doggy

I'm a retail manager and I get this all the time. Customers will read what they want to read when it comes to pricing, policies and anything that they think they can argue to get their own way.
Sometimes it's disappointing that you can't return something, but for christs sake is it worth all the hassle?
The poor retail staff are always on the receiving end of it, but they don't make the rules, they just have to follow them. Remember a huge big company like asda is hardly going to go around breaking the law is it?

Hominu

monty-doggy wrote: »

Sometimes it's disappointing that you can't return something, but for christs sake is it worth all the hassle?

Depends, on one store I got them to refund an item after I stood there for an hour telling all the customers that the customer service was crap. I think they decided to give me a refund just to get rid of me.

monty-doggy wrote: »

Remember a huge big company like asda is hardly going to go around breaking the law is it?

Breaking it, no, bending it? I'd expect nothing less.