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Xbox purchases made by son. What are my rights?

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  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    jonnyd1973 wrote: »
    Whilst I appreciate the perspective portrayed so far, like any other purchase you make (a car, kettle or tv) if you have purchased something you don't want (in error, faulty or otherwise), you have the right to return it in 28 days.
    Not sure where you get that 28 days from but it is not a statutory right.
    jonnyd1973 wrote: »
    Everyone who told me to accept the mistake might consider their response the last time they had returned something to Argos and were told to 'man up' by the sales staff.
    I'll now consider Argos.

    Argos allow you return some items within 28 days for a refund.
    That is over and above your statutory rights.

    Even Argos do not allow that 28 days for things that include software, e.g. mp3 players, laptops, etc.
    jonnyd1973 wrote: »
    It's not that simple, otherwise I may have not even sought some useful advice. You have a 28 day cooling off period for in-shop purchases and something else for this kind of purchase.
    As above... you do not have a 28 day cooling off period.

    As you say, it is not that simple.

    Now let's consider that you haven't actually purchased any goods.
    You have in fact purchased a service.

    As soon as you started using that service, i.e. downloading the purchased software, your rights to any sort of change of mind refund vanished.
    jonnyd1973 wrote: »
    What I'm looking for here please is a bit more constructive input please from someone who understands consumer rights, not just has an negative opinion on gaming.
    Sorry, I have not, and cannot, offer any opinion on gaming.

    I know none of this is what you want to hear, but I feel it is nevertheless, constructive.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    jonnyd1973 wrote: »
    Hi

    Thanks for your input.

    Whilst I appreciate the perspective portrayed so far, like any other purchase you make (a car, kettle or tv) if you have purchased something you don't want (in error, faulty or otherwise), you have the right to return it in 28 days.
    It's not that simple, otherwise I may have not even sought some useful advice. You have a 28 day cooling off period for in-shop purchases and something else for this kind of purchase.
    .

    No you don't. If it's faulty you can. But if you buy in error or change your mind you have no right to return it legally (some stores allow, some don't, that's up to them)

    There is no cooling off for in store purchases, you have been gravely misinformed.

    There is no cooling off on your game. Using your logic you could download, complete, and return a game in 28 days. You cannot.

    You're only right is to make your son pay for the games he bought, due to you taking off the parental lock.
  • jonnyd1973 wrote: »
    You have a 28 day cooling off period for in-shop purchases and something else for this kind of purchase.

    What laws that then?
  • System
    System Posts: 178,351 Community Admin
    10,000 Posts Photogenic Name Dropper
    Do what you suggest in your original post and take them to the small claims court. That could be interesting.

    On a different subject you appear to be posting under two usernames which is a bit confusing!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • You've not got a leg to stand on.

    1/ you must have an adult account if you can download 18 games on it. You're obviously letting your child play on an Adult account rather than a child account.
    2/ you must have linked either a debit/credit card or paypal to the account.
    3/ to purchase anything on the Xbox you are given a screen that informs you of specific T & C's these specifically show there are no refunds on this item before you complete the transaction.

    Microsoft have shown extremely good will already, by giving you £50 back. Give up now. That's all you're going to get.
  • Here is another answer for similar circumstances, that occurred after a little too much Christmas indulgence.
    I suugest that the Christmas present is returned prompto for a refund or placed on ebay and the pocket money docked accordingly.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jonnyd1973 wrote: »
    Hi

    Thanks for your input.

    Whilst I appreciate the perspective portrayed so far, like any other purchase you make (a car, kettle or tv) if you have purchased something you don't want (in error, faulty or otherwise), you have the right to return it in 28 days.


    You have no statutory right whatsoever to return something just because you no longer want it, only if it is faulty.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    edited 12 January 2014 at 10:42AM
    goater78 wrote: »

    On a different subject you appear to be posting under two usernames which is a bit confusing!

    I'm not sure that he is, I think for some reason the post count isn't updating, despite having two posts in this thread the count displayed is only 1. I do agree though that whatever is happening is confusing.

    Edited: No, in fact you're right, it's the same name but the first post has a capital J and a newly created ID, while the second has a lower case j in an ID created in 2007 - perhaps the OP forgot that he'd created an ID previously and the password was either stored or was the same as the one for the new ID.

    Anyway, I agree with pretty much everyone else that the fault lies entirely with the OP and that getting any money back was a bonus.
  • System
    System Posts: 178,351 Community Admin
    10,000 Posts Photogenic Name Dropper
    agrinnall wrote: »
    I'm not sure that he is, I think for some reason the post count isn't updating, despite having two posts in this thread the count displayed is only 1. I do agree though that whatever is happening is confusing.

    They are slightly different names. The first letter is capitalised in one of them and one account was registered 6 years ago!
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think we need to take a step back here and instead of rounding on the OP's apparent foolishness consider and answer his original question - " Does anyone know if I have distance selling rights to use here?"

    OP, as mentioned by at least on poster, downloads are considered services, rather than goods and as such you generally can't cancel when the service has begun, ie when you downloaded the software but you will have to check the T&Cs for this.
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