Pre-owned PS3 - sent unbranded accessory

romangatang

Hope someone can advise me here as Game customer service have been useless so far.

OH bought a preowned PS3 (here) just after Christmas. The photo on the site shows the console with a Sony controller.

The console arrived yesterday but with an unbranded controller. Tried contacting Game via Twitter but they responded saying they cannot guarantee the quality of preowned items. The item description says no such thing. Should we just accept what we have received or are we right in thinking the console should have been delivered branded controller as shown in the photo on the page?

Thanks

DaveTheMus

Does the controller work?

romangatang

It does work but does not hold the charge for very long compared to the branded one we own.

I have also received a message from them on Twitter saying "If you're not happy with the quality of the console/controller you can return it as long as it's not been used". Obviously the console has been used now as I set it up yesterday before realising it was a non-gen controller.

shaun_from_Africa

romangatang wrote: »

The console arrived yesterday but with an unbranded controller. Tried contacting Game via Twitter but they responded saying they cannot guarantee the quality of preowned items.

Luckily the law states otherwise.
The SOGA states that when buying goods from a busioness, those goods must be fit for their intended purpose, durable and must be as described.
Even if there wasn't anything in writing stating that the controller was a genuine Sony item, a photograph is part of the advert and unless stated otherwise, you should get what is shown.
This is why many adverts often have disclaimers such as "Photo for illustration only"

unholyangel

Item doesn't match its description (and yes, images shown do count as description). Doesn't conform to contract so tell them you're rejecting under sale of goods act.

How did you pay for it? You may be able to issue a chargeback or section 75 claim with your card provider.

romangatang

It was purchased using a credit card. My OH just wants the controller as shown in the photo. Is there anyway to just get them to change that or is it a case of returning the console too?

Thanks again, all advice is appreciated.

unholyangel

romangatang wrote: »

It was purchased using a credit card. My OH just wants the controller as shown in the photo. Is there anyway to just get them to change that or is it a case of returning the console too?

Thanks again, all advice is appreciated.

Under SoGA you can request a "repair/replacement" but they can refuse if disproportionately costly. If they don't have a 2nd hand controller to give you, it'll likely be disproportionate to give you a new one.

Perhaps you could negotiate a partial refund? I've done this a few times before. Just make your requests reasonable and keep in mind the expenses they'll incur when refunding (original price paid - inc delivery charges plus for the faulty items return also and then may have to sell it on at a lower value).

If you've paid by credit card (and the item was over £100 - which going by the page you linked, it was) then you can file a section 75 claim with your card provider as section 75 gives you the exact same rights with the card company as you have with the actual company (so handy if a retailer goes bust or wont recognise your rights). There are certain circumstances that are exempt though so you might want to visit here for more info: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

romangatang

Thank you for your advice. I will give it a try and see what happens.

Thanks again