GAME - Consumer Contracts Regulations

freeze

Hi

Just a quick check to see if I have the correct information.

BACKGROUND:
I purchased a PS4 bundle from GAME on Sunday the 20th December 2015. I had requested click and collect as I know how troublesome deliveries can be this time of year.

I received a text the next day stating that my order would be delivered on Tuesday and they would text me on the day to let me know what time. Seeing as I specifically selected 'Click and Collect' I assumed this was an admin error and ignored it.

Tuesday morning came and I received a text to say the package would be delivered that afternoon. Again I ignored this but the package was delivered and fortunately someone happened to be in to receive it.

The bundle arrived but with only a console and no game. I contacted GAME to complain and was assured that it should be with me before Xmas. I had little faith and no game arrived (and has not arrived to this day). So I had a console for Xmas weekend but nothing to use it with... Fortunately my cousin bought along a game so I could test out the machine.



After the initial day on Xmas I haven't touched the console since and have come to the conclusion that I probably wont use it as much as I thought.

I have contacted GAME to return the bundle (minus the game that hasn't arrived) under the Consumer Contracts Regulations for a full refund and for them to supply an address for me to return the console too.

I have only emailed GAME tonight but have been reading their website where it mentions they will only accept returns if the package is still sealed... Surely if I have purchased from them online then the Consumer Contracts Regulations will apply?

It was delivered on Tuesday 22nd December and I served them notice earlier tonight of my intention to return, so well within the 14 days allowed?

Thanks for any advice, was just after some reassurance before they respond. Apologies for the lengthy story, just wanted to give as much info as possible.

Thanks

unholyangel

If the contract was concluded at a distance then yes you should still be able to cancel it.

Their T&C's state:

(ii) in the case of new hardware the items are as new, in a saleable condition, unused (except to the extent reasonably necessary to examine them), undamaged and contain every component part (cables, memory sticks etc.). If you are unable to comply with these requirements, you may still return the hardware item to us but We may make a deduction from your refund to take account of the reduction in value caused by any damage or missing components; and

I suppose you could try and argue that they didn't specifically state a deduction would be made if the value was diminished by handling (ie using) the product but not sure how successful you would be on that front.

neilmcl

You may well be able to return but I wouldn't expect a full refund. Under the CCRs the seller can deduct an amount to take into account any diminished value as a result of you handling the item more than as necessary to establish the nature, characteristics and functioning of the goods.

naedanger

freeze wrote: »

Hi

Just a quick check to see if I have the correct information.

BACKGROUND:
I purchased a PS4 bundle from GAME on Sunday the 20th December 2015. I had requested click and collect as I know how troublesome deliveries can be this time of year.

I received a text the next day stating that my order would be delivered on Tuesday and they would text me on the day to let me know what time. Seeing as I specifically selected 'Click and Collect' I assumed this was an admin error and ignored it.

Tuesday morning came and I received a text to say the package would be delivered that afternoon. Again I ignored this but the package was delivered and fortunately someone happened to be in to receive it.

The bundle arrived but with only a console and no game. I contacted GAME to complain and was assured that it should be with me before Xmas. I had little faith and no game arrived (and has not arrived to this day). So I had a console for Xmas weekend but nothing to use it with... Fortunately my cousin bought along a game so I could test out the machine.



After the initial day on Xmas I haven't touched the console since and have come to the conclusion that I probably wont use it as much as I thought.

I have contacted GAME to return the bundle (minus the game that hasn't arrived) under the Consumer Contracts Regulations for a full refund and for them to supply an address for me to return the console too.

I have only emailed GAME tonight but have been reading their website where it mentions they will only accept returns if the package is still sealed... Surely if I have purchased from them online then the Consumer Contracts Regulations will apply?

It was delivered on Tuesday 22nd December and I served them notice earlier tonight of my intention to return, so well within the 14 days allowed?

Thanks for any advice, was just after some reassurance before they respond. Apologies for the lengthy story, just wanted to give as much info as possible.

Thanks

So is the only item you opened the console?
And did you buy the item online (so not in store)?

If the answer to both questions is "yes" then, as the item was purchased at a distance, I don't think GAME can refuse to refund you. They are entitled to make a deduction if the value of the goods is diminished by any amount as a result of your handling of the goods beyond what was necessary to establish the nature, characteristics and functioning of the goods. The deduction being to recover the amount that the value of the goods was diminished.

Note that if your handling of the goods did not go beyond what was necessary to establish the nature, characteristics and functioning of the goods then GAME should not make any deduction (but you have to pay to return the item, and if you originally paid for more than basic delivery they only need to refund the basic delivery cost).

unholyangel

Although keep in mind:

(9) If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the consumer, up to the contract price.

(10) An amount that may be recovered under paragraph (9)—

(a)may be deducted from the amount to be reimbursed under paragraph (1);
(b)otherwise, must be paid by the consumer to the trader.

(11) Paragraph (9) does not apply if the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2.

daytona0

freeze wrote: »

After the initial day on Xmas I haven't touched the console since and have come to the conclusion that I probably wont use it as much as I thought.

Baffles me how, on the evidence of one 'test game', you have written off a console which has a wide and varied games library.

I not going to speculate on what that, or the fact that the console was purchased a few days before xmas, might mean....

NotRichAtAll

unused (except to the extent reasonably necessary to examine them)

op has said they played a game on it surely this would mean setting it up? machine has been used not just examined. just a thought not a dig at op's dilema

wealdroam

NotRichAtAll wrote: »

op has said they played a game on it surely this would mean setting it up? machine has been used not just examined. just a thought not a dig at op's dilema

Naedanger and Unholyangel have both quoted from Regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Naedanger quoted from paragraph (9) and Unholyangel highlighted paragraph (11).

Paragraph (12) of the same regulation explains what 'excessive handling' may be:

(12) For the purposes of paragraph (9) handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

Is setting up the machine and playing a game on it allowed in a shop?

Jim_Jupiter

wealdroam wrote: »

Is setting up the machine and playing a game on it allowed in a shop?

They normally have the newer consoles set up and available for use in store.