3ds

leaannep85

Hi I am wondering if somebody could please help me? I ordered a 3ds on 20th may from the internet and it was delivered on 23rd may, today (27TH june) it developed a fault, it has black lines on the top screen as its after the 28 days return policy of internet store there refusing to help and ive had to ring Nintendo and send it to them ive been told and I am not entitled to a refund at all no matter what they (Nintendo) say. is this right? its 33 days old so only just out of 28 day period. I found the following information which I think helps my case as I do not want it fixing I want a refund. can anybody help?

The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.

When you buy something from a shop you are entering into a legally binding contract. Therefore they don’t have to give you a refund simply because you have changed your mind. Only if one of your statutory rights is breached (i.e. that the item is damaged, of poor quality or not fit for purpose) do they have to give you your money back.

What is meant by goods not fit for purpose

When you buy something, consumer law says the item must be fit for purpose.
For example, a toaster must be able to make toast and a washing machine must be able to wash clothes.
As well as being fit for their normal purpose goods must also be fit for any specific purpose that the seller told you they would be fit for.
The law which gives you this right is called the Sale of Goods Act.
This right only applies when you buy something from a business, not from a private seller.

What's the purpose of the goods?

In most cases it will be obvious what the purpose of the goods is. If goods aren't able to carry out their normal functions for any reason, they are not fit for purpose. The Sale of Goods Act says that goods that are not fit for their normal purpose are not of satisfactory quality and you may have the right to return them to the seller and get a refund.
The Sale of Goods Act also says that goods must also be fit for any specific purpose that you have agreed with the seller.

Darksun

What site did you purchase it from? If the site is based in the UK, it should be fairly straightforward, unless they can prove the fault is not inherent then they will need to repair, replace or refund you for the goods. If you purchased from a company outside the UK then it will be more complex

leaannep85

its very, the customer service is terrible, I should of read reviews before buying from them but sadly didn't and now there saying as I have had it for 33 days I need to send it to Nintendo and they will fix it and that's all im entitled too, I want to get proof it was a faultly and once ive got the proof from Nintendo that it was not a fault I caused and then I want a refund from very so I can buy from another store as I do not want to use them ever again after the way they have been today as stating the sales of goods act, the fact it is not fit for purpose etc means nothing to them

debbie6899

they are following the sale of goods act, as the seller, they can choose the remedy and in this case it looks like they want you to have a repair which they are entitled to do so. As the retailer though it is their responsibility to deal with it, however it might be quicker to send it straight to Nintendo as that's all very would do anyway, in effect you are probably making the repair faster by going straight to Nintendo. It is frustrating when its just outside the 28 days but unfortunately, by offering a repair, they are meeting their obligations.

Fosterdog

What direction do the lines run on the screen? Screens are easily broken so they will want to send it away to make sure it is a fault and not accidental damage.

If it is actually faulty they are within their rights to repair it rather than refund, and they have the right to inspect it first (either themselves or through a repair agent) in this case Nintendo are acting as the repair agent.