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

MrH86

powerful_Rogue said:

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 refund amount can be reduced due to damage or missing parts (for example the charger), but I used it a few times over a 6 day period so it looks brand new and is complete with box.

In hindsight, I should have ordered from Amazon, they'll give you a refund even if you submerge the item in acid for a month lol.

the_lunatic_is_in_my_head

MrH86 said:

powerful_Rogue said:

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 refund amount can be reduced due to damage or missing parts (for example the charger), but I used it a few times over a 6 day period so it looks brand new and is complete with box.

In hindsight, I should have ordered from Amazon, they'll give you a refund even if you submerge the item in acid for a month lol.

The regs simply state diminished value, I think it would generally be considered fair to state a opened and used console has had it's value diminished regardless of it's condition. 

However as above the wording of their terms implies you don't have the right to cancel a used console which doesn't read as correct to me as it's hardware rather than software. 

powerful_Rogue

the_lunatic_is_in_my_head said:

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.

They have all the required information on their website , including

Deductions from refunds. If you are exercising your right to change your mind:

• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.

So would presume a company such as GAME would also send those details via email as well with the confirmation.

neilmcl

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.

Well you're lawyer friend is somewhat mistaken. Whilst hey can't refuse the return of the hardware you will not be entitled to a full refund as they can deduct an amount, up to the full selling price, because you've handled the item more than was necessary.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

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.

They have all the required information on their website , including

Deductions from refunds. If you are exercising your right to change your mind:

• We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop.

So would presume a company such as GAME would also send those details via email as well with the confirmation.

 (although hardware or accessories purchased online may be opened for the purpose of inspection (but not used);

Would seem to be their issue. 

Carrot007

MrH86 said:

In hindsight, I should have ordered from Amazon, they'll give you a refund even if you submerge the item in acid for a month lol.

Simply not true. Though yes 90% of returns are not properly checked and only get picked up when then sold on from warehouse and returned. However should they decide it makes more money to check they would.

And of course return too much any they will ban you for life.

MrH86

Carrot007 said:

MrH86 said:

In hindsight, I should have ordered from Amazon, they'll give you a refund even if you submerge the item in acid for a month lol.

Simply not true. Though yes 90% of returns are not properly checked and only get picked up when then sold on from warehouse and returned. However should they decide it makes more money to check they would.

And of course return too much any they will ban you for life.

I thought the "lol" would indicate I wasn't being 100% serious. That being said Amazon have never declined me a refund for any reason, they're fantastic and it's why I order 99% of my stuff from them. Obviously if you send back a brick instead of the item you'll get in terrible, but otherwise they'll just sell it as used on the warehouse. 

Carrot007

MrH86 said:

I thought the "lol" would indicate I wasn't being 100% serious. That being said Amazon have never declined me a refund for any reason, they're fantastic and it's why I order 99% of my stuff from them. Obviously if you send back a brick instead of the item you'll get in terrible, but otherwise they'll just sell it as used on the warehouse. 

I know ;-) Just wanted a moan about a few items I have bought from warehouse not being as described. For instance a phone being the previous model. So yeah shows how much attention they pay.

And yes they are great. Even do a good job at dealing with the markeplace sellers who ignore everything. Not that I often use them.

Sandtree

When you say you bought a console and a game was that two independent items or did you buy a console that came with a game as a single thing? Was the game inside the console's packaging or independent?

custardy

MrH86 said:

powerful_Rogue said:

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 refund amount can be reduced due to damage or missing parts (for example the charger), but I used it a few times over a 6 day period so it looks brand new and is complete with box.

In hindsight, I should have ordered from Amazon, they'll give you a refund even if you submerge the item in acid for a month lol.

My sons 2 year old switch looks brand new and we still have the box. I doubt you would deem it worth retail value