Game Online Order Rights?

unholyangel

Unknown_guest wrote: »

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.

What about if they just change the box? It was just the box that was dented, right? That way you keep the original code and have an undented box. Or was it more than that?

Doesn't really matter whether you've seen it or not. You cannot remove your statutory rights (which SoGA is) by waiver or otherwise. And you have a statutory right to a reasonable time in order to inspect the item and decide whether it conforms to contract.

Btw what was the prices of the normal one and the collectors one?

bluenoseam

Unknown_guest wrote: »

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.

It would depend on how the car had been sold to me and if that dent in the door affected the safety of the vehicle. As it stands here's the situation you are in.

You have the item which is 100% functional for it's intended purpose, you are unhappy because you see it as a collectible item as opposed to a functional item. However it's primary & sole purpose was intended as a functional item, there is a small dent in the box which does not affect it's function merely your thought that it is a collectible thus affecting it's future value.

I'll let you into a little "secret" here - the item you're talking about is listed as limited - but only in name. There are thousands, if not millions of them in existence, honestly the only reason it's "limited" is because it was a one run deal. The future value of that product is the only limited thing about the product in so much as it has limited appeal as a collectible given the number of existent examples. It's value as a collectible given you opened it is significantly diminished!

The product as intended is not faulty - merely your interpretation of the item is that it is faulty, as you opened the box as well, that's opening a whole different can of worms. Game do not have to refund you given the fact at hand.

fridge_raider

^ Well if this product is only intended to be a functional code, and the packaging makes no difference, then why would it be at a different price point to the normal one?

I don't like XBox or games much in general, I would never have purchased the limited version and I think it is a waste of money. but I completely understand where OP is coming from. People often have a certain point of view on this site, where they just try to 'catch people out', and think that if something doesn't matter to them personally, then who cares.

bluenoseam

There's no difference in the shops (well, there wasn't today as far as I could see) - the function of the product for it's intended purpose is unaffected. I'm not being a jerk, merely pointing out with solid reasoning as to why Game are perfectly within their rights to reject the refund.

halibut2209

bluenoseam wrote: »

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.

What a load of absolute nonsense!!!!!

unholyangel

bluenoseam wrote: »

You have the item which is 100% functional for it's intended purpose, you are unhappy because you see it as a collectible item as opposed to a functional item. However it's primary & sole purpose was intended as a functional item, there is a small dent in the box which does not affect it's function merely your thought that it is a collectible thus affecting it's future value.

I'll let you into a little "secret" here - the item you're talking about is listed as limited - but only in name. There are thousands, if not millions of them in existence, honestly the only reason it's "limited" is because it was a one run deal. The future value of that product is the only limited thing about the product in so much as it has limited appeal as a collectible given the number of existent examples. It's value as a collectible given you opened it is significantly diminished!

The product as intended is not faulty - merely your interpretation of the item is that it is faulty, as you opened the box as well, that's opening a whole different can of worms. Game do not have to refund you given the fact at hand.

What you're saying contradicts the OP's statutory rights.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.

OlliesDad

I have to agree with the posters saying that the OP is entitled to a replacement/refund. The metal case is not merely a carrier of the code, but as a collectible item. They even list it as a key feature of the item.

Ultimately the OP has bought goods from Game and therefore should be free from defects. I think the suggestion by Unholyangel to replace just the case would be wholly reasonable all round.

John_Jizzle

bluenoseam wrote: »

It would depend on how the car had been sold to me and if that dent in the door affected the safety of the vehicle. As it stands here's the situation you are in.

Would you like to buy a car? :cool: