GAME refusing a refund on a faulty 3DS XL?

Lhasa_2

Hey guys, I need a little advice.

On 9th June 2013 I purchased from GAME, an Animal Crossing Special Edition 3DS XL.

For the first month or 2 it was alright, everything worked fine. Now the signal that it uses to meet other 3DS systems has become extremely poor.
The 3DS will meet people only if I'm in very close proximity to them.
My mother also has a 3DS system and she is the only person my system will pick up.

I've emailed and phoned Nintendo about this problem and after the usual ''turn everything off and on again, system restore'' and such and after none of that making it better they suggested I take it back.

The manager in GAME told me that they were unable to refund or replace it unless I phoned ''this number'' as they claimed they needed a reference number 'so they know what to do with the console'. ''This number'' was merely customer support and they told me the same as Nintendo and that I should be able to get a refund.

It's a difficult fault to prove and they're insistent that because the Streetpass is activated, that means it's working, whether it actually picks anyone up or not. (Which it doesn't.)
They even tested it in store today and it didn't pick anyone up, not my mothers' system nor any employees that brought their consoles.

I plan to take it back again tomorrow but I have the suspicion they will still refuse me. What can I do here?

Edit: I do have the receipt.

frugal_mike

Under the Sale of Goods Act 1979 they have to replace, repair or refund you if the item is inherently faulty. Since it is less than 6 months since you purchased it then it will be assumed to be inherently faulty unless they can prove otherwise. They can't make you phone Nintendo as its nothing to do with them.

You aren't necessarily entitled to a refund specifically though, you can't force them into a remedy that is more expensive to them than one of the other options. A lot of shops will refund anyway though because it is good customer service.

Lhasa_2

Yes, I'd really prefer a direct exchange as I still want a 3DS XL, thank you for answering.