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

mattyprice4004

You're returning a used item, so they're allowed to reduce the refund to allow for that. You couldn't sit in Currys for 6 days playing it in store, and likewise you can't expect a full refund after using it for this time. 

They are legally allowed to reduce the refund for the loss in value, so I suggest you make it clear to them you're happy to take a reasonable reduction but also mention the resale prices and try to barter with them based on that. 

They shouldn't have to take the hit for something you just don't get on with - it's not their problem. 

the_lunatic_is_in_my_head

mattyprice4004 said:

You're returning a used item, so they're allowed to reduce the refund to allow for that. You couldn't sit in Currys for 6 days playing it in store, and likewise you can't expect a full refund after using it for this time. 

They are legally allowed to reduce the refund for the loss in value, so I suggest you make it clear to them you're happy to take a reasonable reduction but also mention the resale prices and try to barter with them based on that. 

They shouldn't have to take the hit for something you just don't get on with - it's not their problem. 

It is their problem if they don't provide the required information. As above they state hardware and accessories should not be used which I don't see as correct.

If the exclusion for sealed product does apply why would Game allow customers to open a high value, very low margin product? 

If the exclusion doesn't apply then the customer can use the product and the retailer can reduce the refund.

By stating the customer can not use the product they don't appear to be providing the correct information. 

Perhaps @unholyangel could clarify? 

unholyangel

Contract is for goods - not software (sealed or otherwise). The argument that it contains software might sound like a good one, until you realise that pretty much everything electrical has software installed on it now - tv, fridges, hard drives etc. Plus as I said, the contract isn't for software. It's for goods. The fact there's software in those goods is incidental. 

So it wouldn't exempt them from the right to cancel. Which then means that using them would not remove your right to cancel. However, if the retailer complies with their obligations (giving you certain information, such as your right to cancel - the time limit, procedure & also when that right to cancel will be lost) and does so in a durable medium, they can reduce the refund (up to 100%) if your handling goes beyond what is necessary to establish the characteristics (not function) of the goods and that handling diminishes the value. Since game buy secondhand consoles, you've got a nice handy way of checking how much they value them at. 

ETA: As for wrong info - if they haven't provided the information required by the act then they haven't provided it. Plus any term that attempts to remove or restrict a statutory right would be highly likely to be found unfair and therefore void/unenforceable (as if it doesn't exist).