Game Console Game Question

Leebus

Hi Everyone,

I was wondering if anyone could advise me on an issue I am having at the moment.

I recently purchased GTA5 game for my Xbox 360, on September 18th (1 day after release). I followed all the install instructions, but within an hour of playing the game, it started to 'freeze'. This happens around 30 minutes into the game every time and makes it practically unplayable.

I have been playing video games for decades across multiple formats and new game teething issues are certainly common. So over the next few days I did some googling and found many users online with similar issues, the more days that passed, the more people were having similar problems. At this time I was happy to wait patiently for a 'patch' (ie a software update fix) from the manufacturer, as this is very common and often sorts out major issues.

Several more days later it appears the majority of the people having the problems are owners of older Xbox 360s (mine is likely a 2008 model). There are a few suggestions online as to how to get around the problem (including one from Microsoft), and I have tried them all and none have worked for me. I had also emailed the games publisher and asked for advice, and attempted all the fixes they told me to try.

2 weeks had passed, and I am not sure a fix will be released, as some people are saying it is a pure hardware problem and it is not possible. So I decided to return the game for a full refund. If a fix is released later, I planned to purchase the game again.

My train of thought is that the game is not fit for purpose as it does not work on some older Xbox 360s. There is nothing wrong with my console, and over its life it has probably ran over 100 different games with no problems. I do not believe the game disc is faulty as many people online have got replacements only to have the exact same problem. I believe that I was well within my consume rights to get a full refund. If I were to walk into a high street game shop, pick up GTA5 for Xbox360 and ask "Will this work on my Xbox360?" I am 100% sure they would say "Yes" with no hesitation.

So today I tried to get my refund at the store I bought from. I was told that I could not return it as the packaging was opened, and that was against their returns policy. But they offered me a 'trade in', ie. I sell the game to them for circa 50% of what I bought it for 2 weeks ago. I told them that this was not acceptable and I would like a full refund. I explained the above to the shop assistant but she did not accept it. After a long revolving conversation, she then went to phone her manager and look on the internet at what I had claimed.

When she returned she offered me a new copy to try, just in case it was a fault with the individual disc I purchased. I told them I didn't believe that this was the case but I would be happy to try it. Another staff member also told me he had heard a 'patch' would be released in just over a weeks time, to solve some issues. I said I would go home and try it, and come back in if I had problems. Upon returning home, a patch had been released today, but the game still freezes as before when trying the new disc.

So now that you are all bored to tears with my story, my question is: Am I within my rights to ask for a full refund on the game?

Lee

somethingcorporate

No, I don't think so. There is nothing wrong with the game, the issue is with your outdated hardware.

I believe you have two options, wait for a fix or sell it second hand and recoup as much of your money as you can.

Leebus

Ok, I can see your logic.

I would totally agree if we we're talking about a PC playing games.

But as all models/ages of Xbox 360s should have the same capabilities I would liken them more to a blu-ray player. If you bought a blu-ray, you would be surprised if it didn't work on your player because your player was too old.

Surely if my hardware meets the requirements of the game, i.e. an Xbox 360 with a 20gb+ harddrive, I should be able to play it? I was not advised by the store when purchasing the game that it may not work on older systems.

CoolHotCold

Not really no.


If it says Xbox 360, and they test it and it works fine on their system it must be something wrong with your system, so the game isn't faulty if it works with their hardware.


Just to double check, you are installing the first disc only (Don't install the second disc)..



Also your example of Blu Rays is terrible because yes, some blu ray discs won't work on older players. (To fix this issue, you need to update the firmware on the blu ray player)

somethingcorporate

I can see your logic too but it doesn't detract from the point there is nothing wrong with the product. Would you expect the store to advise if a game would not work on an old PC? it is the responsibility of the person buying the product to check it is compatible with their equipment. For something like an xbox I appreciate this point is really subtle and you really shouldn't be expected to think that it wouldn't work but I don't think it changes the facts. If I were you I'd try and talk to the manager and see what they think, if you are nice and can talk to a fellow gamer I would expect them to help you out but I don't think you have any rights per se to demand anything here.

Leebus

Thanks for the replies.

Yep i'm only installing the first disc. I've followed all the instructions and online guides.

I don't think the blu-ray analogy is terrible, because we're not talking about a simple firmware update here we're talking about hardware.

I'm not saying the physical copy they have sold me is faulty, i'm saying that the software itself is not fit for purpose in all cases. Is it not safe to assume that the game publisher is stating their should work on all systems as they don't go into any detail on the system requirements. With PCs there are obviously much more detailed requirements that the consumer can check before purchasing a product. I would say I checked everything I could before making the purchase, and had no way of knowing the software wouldn't work on my hardware.

If they were selling a Vauxhall Corsa headlight bulb they would no doubt specify the year/spec range it would suit. Surely if they omitted that information it is safe to assume the bulb would suit all Vauxhall Corsas?

wealdroam

Leebus wrote: »

If you bought a blu-ray, you would be surprised if it didn't work on your player because your player was too old.

Yes, I too would've been surprised by this... until recently.

Have a read of this thread from a few months ago:

https://forums.moneysavingexpert.com/discussion/4725929

Leebus wrote: »

Surely if my hardware meets the requirements of the game, i.e. an Xbox 360 with a 20gb+ harddrive, I should be able to play it? I was not advised by the store when purchasing the game that it may not work on older systems.

You seem to be making a similar point to that in the thread I mentioned above.

ThumbRemote

I think the OP is entirely within their rights to expect a refund. They were sold a game claiming compatibility with Xbox360. It appears that the game is not compatible with some models of Xbox360, therefore the goods do not fulfil the contract and can be rejected.

I would write to the retailer, stating the issues and giving a number of sources to back up your assertion that the game is not fully Xbox360 compatible. If they still refuse to refund (which they'd be foolish to do) I'd go to MoneyClaim Online and submit a claim. As long as you can provide reasonable proof that the game doesn't work for a number of people, I really can't see you losing.

ThumbRemote

somethingcorporate wrote: »

I can see your logic too but it doesn't detract from the point there is nothing wrong with the product.

There may be nothing wrong with the product, however it doesn't meet the description (Sale of Goods Act: "Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.")

They couldn't just claim compatibility with an ZX Spectrum, and then tell you that the game is fine, it's just that your ZX spectrum is out of date.

The description of the game states that it works on Xbox360s. It appears to only work on a subset of these; therefore the goods do not correspond to the description.

barbiedoll

OP, I feel your pain, I've got a sulky teenage son upstairs who has had nothing but problems with this bloody game! :mad:

I've not heard about a compatibility problem with older XBoxes, ours is only a year or so old but I've heard about server problems, trouble with online parties playing and our copy of the game has been freezing since yesterday, when it went online.

I absolutely think that you should be entitled to a refund, the game is sold as playable on the XBox console, end of. I get sick of this constant expectation that everyone should have brand new hardware every year, most of us work hard and save up to buy these very expensive games consoles, we only replace them when they break down, if a game is sold as being compatible with the system then it should work from day one. I can understand server issues, with millions of players online at the same time, I did anticipate problems yesterday (unlike the game developers, evidently :mad:) but trying to insinuate that your console is "too old" is ridiculous.

Let us know how you get on, I'd be interested to hear what happens.

frugal_mike

I am not aware of Microsoft making any distinction between the different series of xboxes regarding ability to play games, and I definitely don't agree with the above comments saying it is unreasonable to assume that an xbox 360 game will work on your xbox. If it can be shown that it fails to work on any older xbox (and thus the xbox isn't at fault) then I'd say its not fit for purpose if the packaging did not clearly state this.

It's definitely not the same as buying a pc game because those games give hardware specification requirements but do not necessarily make claims to be compatible with any specific brands of hardware. Similarly with blurays, they don't claim compatibility with specific brands of bluray player that I have seen.