Fake console from second hand store, rights?

Retrogamer

AndyPix wrote: »

#cough - snes emulator #cough

Wasn't that on the N64?

Paul_DNAP

Retrogamer wrote: »

Wasn't that on the N64?

Yes, it was indeed.




OP - it may well be a "proper" console that has had a modification to use hooky games off SD cards. In which case you're on to an absolute winner there. Which console is it ?

ThumbRemote

KatrinaWaves wrote: »

Sounds like it’s not a fake but a reproduction?

Anyway if bought in store it is sold as seen. Sounds like the signs were there for you to inspect.

This is absolutely, completely wrong. There is no such thing as 'sold as seen' in UK consumer law.

AndyPix

Retrogamer wrote: »

Wasn't that on the N64?

D'oh yes of course it was .. what was I thinking :rotfl:


It used to get so much hammering that the controllers would hardly move left or right in the end - just used to flap about in the socket !!


Anyway, same principal applies , N64 emulators are easy to find on tinternet - so is goldeneye

KatrinaWaves

ThumbRemote wrote: »

This is absolutely, completely wrong. There is no such thing as 'sold as seen' in UK consumer law.

Okay, ignoring the wording 'sold as seen' the item is not faulty, nor is it an out and out fake (or that hasnt been established). he had opportunity to inspect, he has no automatic right to return it.

Better?

George_Michael

KatrinaWaves wrote: »

Okay, ignoring the wording 'sold as seen' the item is not faulty, nor is it an out and out fake (or that hasnt been established). he had opportunity to inspect, he has no automatic right to return it.

Better?

Not really.
If it was an "out and out fake" then it was illegal to sell it so there is a right of return.

If it was an authorised reproduction then this is legal to sell but it still has to be made clear what is being sold and as it was labelled up as a genuine item:

dekaspace wrote: »

Even the store label has the real brand and model on it.

then it was misadvertised and as such, there is still a right of return and being given the opportunity to inspect prior to purchase doesn't negate the fact that anything sold must be as advertised.

powerful_Rogue

George_Michael wrote: »

Not really.
then it was misadvertised and as such, there is still a right of return and being given the opportunity to inspect prior to purchase doesn't negate the fact that anything sold must be as advertised.

I disagree. Both of these could be advertised as a Sony Playstaion and would be correct.

George_Michael

powerful_Rogue wrote: »

I disagree. Both of these could be advertised as a Sony Playstaion and would be correct.

Sony themselves differentiate between the two models and when advertising the newer model they make it perfectly clear that it is:

Get your hands on a compact recreation of a gaming icon.

So unlike the console that the OP bought, what is being shown above is clearly stated as being a "recreation".

shaun_from_Africa

KatrinaWaves wrote: »

he had opportunity to inspect, he has no automatic right to return it.

Being able to inspect something doesn't normally diminish the traders obligations to ensure that something is as described.

As to regarding something be a reproduction/recreation. Provided that it's an authorised copy then selling it isn't illegal but there is still an obligation under the "Consumer Protection from Unfair Trading Regulations 2008" to ensure that enough information is given to consumers to enable them to made an informed decision about goods they are considering buying.
These regulations mean that that:

It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision - for example, in order to make an informed decision about whether to buy or how much to pay

KatrinaWaves

shaun_from_Africa wrote: »

Being able to inspect something doesn't normally diminish the traders obligations to ensure that something is as described.

As to regarding something be a reproduction/recreation. Provided that it's an authorised copy then selling it isn't illegal but there is still an obligation under the "Consumer Protection from Unfair Trading Regulations 2008" to ensure that enough information is given to consumers to enable them to made an informed decision about goods they are considering buying.
These regulations mean that that:

I did say if it is fake, then they obviously can. I do not however think we have enough info to decide it is indeed fake. We also don't know how it has been described, except for the price being a 'bargain'...