GAME.co.uk refusing a refund (14 day cooling off period)

MrH86

I bought a Switch Lite console and game from GAME.co.uk, but after 6 days I decided I would like a refund as the small screen was giving me migraines, I informed them via online ticket and sent the item back the next day. I thought nothing more of it until a week later when they returned the console and game back to me. I sent them a message asking why and I have just been emailed with this:

"Unfortunately your 14 day right to change your mind only applies to items that are unused. It is stated in the T&Cs as: sealed audio or sealed video recordings or sealed computer software, once these products and/or digital content are unsealed after you receive them (although hardware or accessories purchased online may be opened for the purpose of inspection (but not used);
Therefore, as the console had been used the warehouse has refused to accept this sorry."

So who's in the right here? Can they refuse the refund or are they trying to screw me over? I paid £250 total (plus the £9 postage to send it back) so I'm down a lot of money right now.

[Deleted User]

they are right, how can they sell that as new when its been opened? 

 You could ask for a part refund given they can only sell it as second hand 

powerful_Rogue

They are correct about the game, that's excluded from the 14 days return if you break the seal.

Can you not ask to return the hardware? They can however make a deduction for the use upto 100% of the value.

MrH86

_shel said:

they are right, how can they sell that as new when its been opened? 

 You could ask for a part refund given they can only sell it as second hand 

They wouldn't be able to sell it as new, but most of their business is buying/selling used games and consoles, so they would just sell it as used.

[Deleted User]

MrH86 said:

_shel said:

they are right, how can they sell that as new when its been opened? 

 You could ask for a part refund given they can only sell it as second hand 

They wouldn't be able to sell it as new, but most of their business is buying/selling used games and consoles, so they would just sell it as used.

 And they should take the loss on the chin? 

 Why should they refund 100% then sell it for less 

MrH86

powerful_Rogue said:

They are correct about the game, that's excluded from the 14 days return if you break the seal.

Can you not ask to return the hardware? They can however make a deduction for the use upto 100% of the value.

That's exactly what I've read too, the game would be except but not the hardware. I also just spoke to a family friend who's a lawyer, and he has advised me to contact them again as I am entitled to a refund, even if it has been used.

powerful_Rogue

You can certainly sell it back to them as a trade in for £126.40 just for the hardware.

MrH86

powerful_Rogue said:

You can certainly sell it back to them as a trade in for £126.40 just for the hardware.

I wouldn't do that as I could sell it for £175 on eBay right now. Even with the fees it would net me more of my money back. The game is Animal Crossing so I can sell that for £35+ easily, so that's not a problem.

Aylesbury_Duck

You're entitled to a refund for the console, but they can deduct something because it's reasonable to suggest that six days is much more than is necessary handling to determine suitability.  For example, if you were trying it out in a store, you'd probably spend less than an hour using it to test it out.

powerful_Rogue

MrH86 said:

powerful_Rogue said:

They are correct about the game, that's excluded from the 14 days return if you break the seal.

Can you not ask to return the hardware? They can however make a deduction for the use upto 100% of the value.

That's exactly what I've read too, the game would be except but not the hardware. I also just spoke to a family friend who's a lawyer, and he has advised me to contact them again as I am entitled to a refund, even if it has been used.

Hopefully the lawyer advised you like several of us have that they can reduce the amount of the refund (upto 100%) due to the excessive use.

the_lunatic_is_in_my_head

Aylesbury_Duck said:

You're entitled to a refund for the console, but they can deduct something because it's reasonable to suggest that six days is much more than is necessary handling to determine suitability.  For example, if you were trying it out in a store, you'd probably spend less than an hour using it to test it out.

Assuming the hardware isn't covered by the exclusion Game don't appear to have provided the required information and as such can't make a deduction.

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(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.

.....

(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.