Xbox 360 not working straight out of the box

clearingout

Just posted in on the Techie forum but perhaps better placed here.

I bought an Xbox360 in September for my son's birthday (which was yesterday). We have therefore just opened it, plugged it in and we have a system error which is showing on the microsoft website as needing repair.

I bought it online with Argos. What are my rights now?

marliepanda

As its within 6 months Argos can repair, replace or refund unless they can prove you caused the fault (such as a huge dent or it being full of water etc)

Chances are they will opt for a repair and send it off
To Microsoft but they could choose any of the three.

clearingout

it is literally out of the box....repair? how can that be acceptable?

mattyprice4004

Because you bought it months ago. You wouldn't be the first person to walk in and claim it hadn't been used despite being over 3 months old.

You've been told your rights, if you disagree what's the point of asking?

clearingout

yes, I understand that. But it is just out of the box - I have the box, all the packaging, the accessories with it are still in their packets...there is no dust, scratches etc. It is clearly not a used item. I also have a birth certificate proving the birthday of my child, for what it's worth!

How frustrating. I shouldn't have to accept a repair on a new item because I bought it when I could afford it, and not the same day I needed it.

BykerSands

clearingout wrote: »

yes, I understand that. But it is just out of the box - I have the box, all the packaging, the accessories with it are still in their packets...there is no dust, scratches etc. It is clearly not a used item. I also have a birth certificate proving the birthday of my child, for what it's worth!

How frustrating. I shouldn't have to accept a repair on a new item because I bought it when I could afford it, and not the same day I needed it.

Well that's how the laws written.

Argos have been open for a couple of hours now. If I were you I would have been there first thing, they may have just exchanged and your son could be playing on it now.

But your choice is to argue online while he's got nothing to play on.

marliepanda

clearingout wrote: »

yes, I understand that. But it is just out of the box - I have the box, all the packaging, the accessories with it are still in their packets...there is no dust, scratches etc. It is clearly not a used item. I also have a birth certificate proving the birthday of my child, for what it's worth!

How frustrating. I shouldn't have to accept a repair on a new item because I bought it when I could afford it, and not the same day I needed it.

Then in hindsight you need to test everything you get within 30 days, after that your right to a rejection refund is gone.

Sadly now it's at least three months old, possibly closer to four depending when in September you bought it. It's not 'brand new' to the store.

clearingout

BykerSands wrote: »

Well that's how the laws written.

Argos have been open for a couple of hours now. If I were you I would have been there first thing, they may have just exchanged and your son could be playing on it now.

But your choice is to argue online while he's got nothing to play on.

It was opened half an hour ago....I didn't know I needed to take it back first thing so how would that have worked?

I'm not arguing. I am shocked that I may have to accept a repair on a new item because I was organised and bought ahead of time. Obviously that's a lesson learnt!

BykerSands

clearingout wrote: »

It was opened half an hour ago....I didn't know I needed to take it back first thing so how would that have worked?

I'm not arguing. I am shocked that I may have to accept a repair on a new item because I was organised and bought ahead of time. Obviously that's a lesson learnt!

It's a repair on something you bought in September. Look at it from the retailers point of view.

shaun_from_Africa

One thing that may help the OP with getting a refund is that the 30 day rejection limit doesn't apply in this case.
This is because when the unit was purchased in September, it was the SOGA that applied and not the Consumer contract regulations.


The SOGA didn't stipulate a fixed time for rejection, simply a "reasonable time".
I remember reading a Trading Standards web page that stated this reasonable time could be many months depending on the type of item and what it was purchased for, and they gave an example of someone who bought a set of skis is the summer but didn't get to use them until the winter then found that they were faulty and they stated that in this sort of scenario, a refund might well be appropriate.


I realise that trying this probably won't work but there is certainly no harm in giving it a go.

unholyangel

clearingout wrote: »

It was opened half an hour ago....I didn't know I needed to take it back first thing so how would that have worked?

I'm not arguing. I am shocked that I may have to accept a repair on a new item because I was organised and bought ahead of time. Obviously that's a lesson learnt!

Doesn't help you this time OP but usually I check things work okay when buying in advance for the kids. And if any set up is required, I do that too so that when the little ones open their gifts, they can pretty much play them straight away with no waiting required.

As shaun says, try arguing that acceptance hasnt occurred yet or even just explain to argos and they may offer a replacement instead. The minimum required to comply with law would be a repair - that doesn't mean its their only option though.

You can request a repair, replacement or refund, but argos can refuse if your chosen remedy is disproportionately costly in comparison to another remedy.

However, any repair they carry out should be within a reasonable time and without causing significant inconvenience. A gaming console isn't likely to cause significant inconvenience so you'd be reliant on the reasonable time element.