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Game Online Order Rights?

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Hi there, I ordered the Day One Xbox Live 12 Month product..

It is a metal tin which had a square piece of thin metal inside with the code on. The whole thing is in a cardboard sleeve.

The item arrived damaged, it is dente. The damage isn't really noticeable until you open it. I have tried to see if it can be repaired but no luck. Game are refusing to replace or refund the item due to me seeing the code. I haven't used the code and that can be confirmed by Microsoft Xbox Suppot.

They say it is company policy. But I don't think it is fair.
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Comments

  • WTFH
    WTFH Posts: 2,266 Forumite
    Does the damage affect its use?
    1. Have you tried to Google the answer?
    2. If you were in the other person's shoes, how would you react?
    3. Do you want a quick answer or better understanding?
  • Not really no, but it does affect what it is. It's a collectable item to celebrate Xbox One. And as a big fan who pre ordered the day one console I ordered the day one xbox live. Any other version of xbox live code is a lot cheaper and comes on piece of cardboard that you scratch off a security panel.

    I can understand their view on it, but the damage couldn't really be seen until it was opened and they can call Xbox Support to verify the code hasn't been used and most likely get it voided.
  • System
    System Posts: 178,347 Community Admin
    10,000 Posts Photogenic Name Dropper
    Problem you've got is you could use the code next week after they've swapped it.

    Does it really matter though? Isn't it just an online code?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • It's a collectable item. I should imagine they can get the code voided and then issue a replacement. You can check if a code has been activated by giving Xbox Support a quick call.
  • Retrogamer
    Retrogamer Posts: 4,218 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It's a collectable item. I should imagine they can get the code voided and then issue a replacement. You can check if a code has been activated by giving Xbox Support a quick call.


    Yeah but the problem with that is after you return it, the code can still be used.

    If you had called them when you noticed the item was damaged before opening the actual tin to see the code, then you would have had grounds to return it.
    All your base are belong to us.
  • As above. The damage wasn't really noticeable because of the cellophane wrapping masking it. And with opening up a lot of other orders at the same time.
  • bluenoseam
    bluenoseam Posts: 4,612 Forumite
    you opened it, the collectable value after doing that is near zero - as it's not a fault affecting the product's primary function (issue of a code for a 12 month subscription to Xbox Live) you have no right to a refund.
    Retired member - fed up with the general tone of the place.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above. The damage wasn't really noticeable because of the cellophane wrapping masking it. And with opening up a lot of other orders at the same time.


    Have they offered a refund instead? SoGA says you have reasonable time to inspect goods to see whether they conform to contract and if they don't, demand a refund.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Just because it doesn't affect it's function surely doesn't mean I have no rights. If you bought a car and it was delivered with a dent in the door, would you expect to have some rights to remedy it? It's the same principle of not affecting it's function. The value to someone else may be different, To me, the value is a lot because it marks the switch over to the new generation.
  • Unknown_guest
    Unknown_guest Posts: 6 Forumite
    edited 25 November 2013 at 6:33PM
    Have they offered a refund instead? SoGA says you have reasonable time to inspect goods to see whether they conform to contract and if they don't, demand a refund.

    They won't do anything because I have seen the code. I do understand their view of it and I imagine some people do try it on. But I have contacted Xbox Live who have said if I give them the code, they can then check to see if it has been used or not and then give a reference to the retailer where they can call and check as well.

    Don't think that will change anything though as they will still say that I could use it at a later date.

    I did tell them that their company policy does not override my consumer rights. They didn't care though and stood by their decision.
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