CEX - Their word vs mine on warranty

SELDNCraig

Hi all,

A few months ago I purchased a Playstation 3 from CEX. Its primary function was a platform for watching Netflix and Sky Go (as I can't get a dish)

The PS3 had a small chip in the corner and not being overly bothered, after an assurance it would function as it should, I made the purchase.

It functioned fine for a 3.5 months then developed a problem so I took it back to the store. They took one look at it and said as it had a chip, it voided the warranty and they wouldn't deal with it.

When I said it was sold like that, they flat out refused to believe me, told me I was lying and told me they'd not do anything. I argued that I had statutory rights and they still said they wouldn't do anything.

The thing is how do I prove that it was purchased with a chip? I wasn't told when I bought it that it would void any warranty otherwise I'd have taken a different console or declined to purchase. I have suggested to them that they send me the 'test report' when they were deciding whether it was fit for sale, or CCTV footage of the time it was purchased if they still have it.

As it happens, the chip is totally cosmetic and I've actually since managed to sort the problem myself. The fault was with a cable that charged the controller, nothing to do with the console. The console actually functions however now because of this chip, I am without protection. For me it's also the principle.

What rights do I have in this situation?

Thanks,

Craig

stuartJo1989

SELDNCraig wrote: »

As it happens, the chip is totally cosmetic and I've actually since managed to sort the problem myself. The fault was with a cable that charged the controller, nothing to do with the console. The console actually functions however now because of this chip, I am without protection. For me it's also the principle.

What rights do I have in this situation?

Thanks,

Craig

You know what, but I'm going to jump straight to this part.

You have no rights*. The issue has been resolved and the cosmetic damage isn't covered under the warranty (https://uk.webuy.com/terms/)

Also, you allege that the chip was present when sold to you.... So you were happy about the chip at the time of purchase. Unless you've caused more damage to the chip (your fault),you can't really argue lack of protection due to the chip.

Let it go and move on with your life.

*That being said but if the cable is inherently faulty then you are entitled to a remedy there! The company who sold you the cable (probably CEX as part of the bundle?) can choose to either refund, repair or replace the item under your statutory consumer rights (if inherently faulty). They will undoubdetly choose to replace the cable instead of refund you the whole cost of the PS3 (when you return it all back to them).

That being said, I think they treated you slightly unprofessionally.

SELDNCraig

Thanks for the reply.

In terms of the chip I was happy to take it on the basis that the chip did not affect the functionality of the console. Had I got home, plugged it in and it hadn't worked, or if the salesperson had hinted that it may do in future, or had told me that I was taking it on the basis the chip voided the warranty, I would have taken it straight back/not purchased it. As it happens the chip is 100% cosmetic and I have no interest or complaints in how the thing looks. When I took it back today I had no issues with the aesthetics. The console itself is actually working as we speak.

It is interesting what you say about the company being obliged to change, repair or refund the cable. As far as CEX were concerned today, the chip voided the warranty on ALL aspects of the console including the controller and cable (even though the chip didn't affect the cable in any way shape or form). They offered no form of remedy and refused to acknowledge that I had statutory rights.

What bothers me so much is that staff don't appear to respect my rights and that this is a case of my word vs theirs. Additionally I need to know what protections I have should it become faulty later on.

[Deleted User]

SELDNCraig wrote: »

Additionally I need to know what protections I have should it become faulty later on.

I'd stop shopping second hand goods if you want comprehensive warranties etc.

stuartJo1989

SELDNCraig wrote: »

Thanks for the reply.

In terms of the chip I was happy to take it on the basis that the chip did not affect the functionality of the console. Had I got home, plugged it in and it hadn't worked, or if the salesperson had hinted that it may do in future, or had told me that I was taking it on the basis the chip voided the warranty, I would have taken it straight back/not purchased it. As it happens the chip is 100% cosmetic and I have no interest or complaints in how the thing looks. When I took it back today I had no issues with the aesthetics. The console itself is actually working as we speak.

It is interesting what you say about the company being obliged to change, repair or refund the cable. As far as CEX were concerned today, the chip voided the warranty on ALL aspects of the console including the controller and cable (even though the chip didn't affect the cable in any way shape or form). They offered no form of remedy and refused to acknowledge that I had statutory rights.

What bothers me so much is that staff don't appear to respect my rights and that this is a case of my word vs theirs. Additionally I need to know what protections I have should it become faulty later on.

Yea but the problem is that your beef seems to resolve more around how you were treated, rather than actual legal rights!

I appreciate that you've probably had a bad experience here, but you don't need legal advice because your PS3 is working absolutely fine.

If you want to "protect" yourself in the future then I'd say:

1. Speak to the company again. They hire many different people and you may have just ran into a clueless jobsworth on this occsion

2. Read up on this forum about your Consumer Rights

3. Quote said Consumer Rights to company if they refuse to resolve the issue with inherent faults.

4. Take CEX to court as a last resort

(and post on here for advice if you are in dispute with them)

pmduk

As this item is now working, just avoid buying from Cex in future.

SELDNCraig

There is an element of truth in that my beef is in the way I was treated... to have 3 staff stand there and accuse you of lying when you're not is very annoying.

That said, perhaps I should rephrase the nature of the query in that the dispute revolves around the fact that I purchased something with a very minor cosmetic defect, and they're saying that I did not and are refusing to assist in any way.

In this instance, who is the burden of proof on?

NotRichAtAll

My opinion
Cex have and always will work like this, my advice if you want some form of protection/warranty on your purchase is to buy new. If your going to buy 2nd / 3rd / 4th hand try private rather than cex, all cex are interested in is robbing you.

hollydays

SELDNCraig wrote: »

There is an element of truth in that my beef is in the way I was treated... to have 3 staff stand there and accuse you of lying when you're not is very annoying.

That said, perhaps I should rephrase the nature of the query in that the dispute revolves around the fact that I purchased something with a very minor cosmetic defect, and they're saying that I did not and are refusing to assist in any way.

In this instance, who is the burden of proof on?

This wouldn’t surprise me with cex.
I once witnessed some inappropriate behaviour in there.
They like to think they are all young and funky but there is training and professionalism lacking there at times.