EA Games warranty breaks sale of goods act

shackman

I wondered if anyone else had come across the "Origin dot com" web site.

It's the site through which Electronic Arts sells many of it's games, including Sims 3, Fifa 2013 etc.

We had reason to contact them because my son's game arrivved by courier and the case was smashed. Though the disk is ok, the whole point of getting a hard copy was to add to his collection of prstine Sims disks.

The company has allowed us a download while the broken disk is returned and a new one sent out.

The last instruction i recevied was to read the company's warranty comditions.

Here's what it says:

"Product Replacement:
If you meet one of the following criteria, you can send your product along with a nominal fee to Electronic Arts for a replacement product.
The product is 90 days past the purchase date for console customers, 12 months for PC customers
The product has been scratched, broken, or has been damaged in another fashion.
Electronic Arts will replace damaged media, current stocks allowing. The original media needs to be returned with a cheque or postal order for £7.50 per disc (for PC titles), and £10.00 per disc (for console titles), made payable to Electronic Arts Ltd.

Please remember to include full details of the defect, your name, address, email address and if possible a daytime telephone number where we can contact you. It is recommended you use some form of recorded or guaranteed delivery, we cannot be held responsible for software that does not arrive with us.

In other words, to get a replacement, you have to PAY betyween £7.50 and £10. Now I think the SoG acts says that if something is not suitable for purpose, and is returned in a reasonable time frame, you are entitled to money back/or replacement.

What thoughts? I shall certainly be arguing the toss over it with EA.

John

dalesrider

Well if the disk is Ok. Then its fit for purpose.

Why go to all that trouble when you could get a new case for under £1.

Not the point I know, but a darn sight easier.

mjm3346

shackman wrote: »

In other words, to get a replacement, you have to PAY betyween £7.50 and £10. Now I think the SoG acts says that if something is not suitable for purpose, and is returned in a reasonable time frame, you are entitled to money back/or replacement.

What thoughts? I shall certainly be arguing the toss over it with EA.

John

Yours case was broken on receipt and the replacement should be free.

wealdroam

shackman wrote: »

I wondered if anyone else had come across the "Origin dot com" web site.

It's the site through which Electronic Arts sells many of it's games, including Sims 3, Fifa 2013 etc.

We had reason to contact them because my son's game arrivved by courier and the case was smashed. Though the disk is ok, the whole point of getting a hard copy was to add to his collection of prstine Sims disks.

The company has allowed us a download while the broken disk is returned and a new one sent out.

The last instruction i recevied was to read the company's warranty comditions.

Here's what it says:

"Product Replacement:
If you meet one of the following criteria, you can send your product along with a nominal fee to Electronic Arts for a replacement product.
The product is 90 days past the purchase date for console customers, 12 months for PC customers
The product has been scratched, broken, or has been damaged in another fashion.
Electronic Arts will replace damaged media, current stocks allowing. The original media needs to be returned with a cheque or postal order for £7.50 per disc (for PC titles), and £10.00 per disc (for console titles), made payable to Electronic Arts Ltd.

Please remember to include full details of the defect, your name, address, email address and if possible a daytime telephone number where we can contact you. It is recommended you use some form of recorded or guaranteed delivery, we cannot be held responsible for software that does not arrive with us.

In other words, to get a replacement, you have to PAY betyween £7.50 and £10. Now I think the SoG acts says that if something is not suitable for purpose, and is returned in a reasonable time frame, you are entitled to money back/or replacement.

What thoughts? I shall certainly be arguing the toss over it with EA.

John

Not sure where on their website you got that from, but to me that says "if the customer damages their disc, they can buy a replacement for £xx.xx".

From Origin.com's faqs:

6. I purchased a physical product from the Origin Store but it has been damaged in transit, what do I do?
If you receive a damaged product from the Origin Store, you may return it for a replacement at our cost. To do this, please contact Customer Services, and one of our advisors will be happy to go through the returns process with you. The advisor will take down your details and send you an email containing a completed returns form, which you will need to print out and return to us with your physical product to the address provided on the returns form. We ask that you please contact us within 10 business days from the date of your receipt of the physical product so we can swiftly deal with this for you.

Nothing wrong with that, is there?

MamaMoo_2

For items which have been scratched etc I'd say charging a fee is more than reasonable, as it's likely to be user error that has caused the issue.
If, however, you can prove the disc is damaged due to either a shipping fault or an inherent fault in the item, then I certainly wouldn't be paying a penny!

frugal_mike

shackman wrote: »

I wondered if anyone else had come across the "Origin dot com" web site.

It's the site through which Electronic Arts sells many of it's games, including Sims 3, Fifa 2013 etc.

We had reason to contact them because my son's game arrivved by courier and the case was smashed. Though the disk is ok, the whole point of getting a hard copy was to add to his collection of prstine Sims disks.

The company has allowed us a download while the broken disk is returned and a new one sent out.

The last instruction i recevied was to read the company's warranty comditions.

Here's what it says:

"Product Replacement:
If you meet one of the following criteria, you can send your product along with a nominal fee to Electronic Arts for a replacement product.
The product is 90 days past the purchase date for console customers, 12 months for PC customers
The product has been scratched, broken, or has been damaged in another fashion.
Electronic Arts will replace damaged media, current stocks allowing. The original media needs to be returned with a cheque or postal order for £7.50 per disc (for PC titles), and £10.00 per disc (for console titles), made payable to Electronic Arts Ltd.

Please remember to include full details of the defect, your name, address, email address and if possible a daytime telephone number where we can contact you. It is recommended you use some form of recorded or guaranteed delivery, we cannot be held responsible for software that does not arrive with us.

In other words, to get a replacement, you have to PAY betyween £7.50 and £10. Now I think the SoG acts says that if something is not suitable for purpose, and is returned in a reasonable time frame, you are entitled to money back/or replacement.

What thoughts? I shall certainly be arguing the toss over it with EA.

John

The SOGA relates to inherent faults in a product, but E.A are talking about damage caused by the consumer. You aren't entitled to any remedy for accidental damage.

Your product arrived damaged so you shouldn't be charged anything for the replacement.

shackman

@ Dalesrider: I agree. But the son is collecting all the cases and they all have a special "EA" imprint on them.

@ mjm3346 : Yup, broken upon arrival, badly cracked down one side and one bit completely detached. SoG act MUST apply.

@ wealdroam : Yup read both. The bit I posted is from the UK WARRANTY conditions. Seems they try to over-ride the SoG ACt with that. I'm pressing on the FAQ bit you saw. Seems to comply witht he act in full.

@MamaMoo Almost certainly a shipping fault. Came out of the padded envelope broken.

Off to my padded cell to lie down.

shackman

@ frugal_mike Yup. Arrived damaged - free replacement. I think I knew this (I was a consumer journalist in Flt Street) but age and ill health has knocked my confidence back in dealing with such matters

wealdroam

shackman wrote: »

@ wealdroam : Yup read both.

If you had read both warranty conditions and the faqs, you were, at best, very selective in choosing your quote in your original post.

It also makes one query the reason for this thread?

shackman wrote: »

The bit I posted is from the UK WARRANTY conditions. Seems they try to over-ride the SoG ACt with that.

Most warranties do that.
Warranties are in addition to your statutory rights, and as such, can include restrictions.
They can never overrule the Sale of Goods Act.

shackman wrote: »

I'm pressing on the FAQ bit you saw.

Seems like a good idea.

shackman wrote: »

Seems to comply witht he act in full.

Yes.

ThumbRemote

Have EA asked for you to pay the money? It's not clear from your original post. You just say they've pointed you to look at their T&Cs.

wealdroam

And the bit you quote from the UK Warranty:

Product Replacement:
If you meet one of the following criteria, you can send your product along with a nominal fee to Electronic Arts for a replacement product.
The product is 90 days past the purchase date for console customers, 12 months for PC customers
The product has been scratched, broken, or has been damaged in another fashion.
Electronic Arts will replace damaged media, current stocks allowing. The original media needs to be returned with a cheque or postal order for £7.50 per disc (for PC titles), and £10.00 per disc (for console titles), made payable to Electronic Arts Ltd.

Is only for faults found after the warranty has expired.
The sentence I have put in bold states that.