Very - item not received but no refund

TheHolly

I am at the end of my tether with Very and would appreciate some advice.

Just before Christmas I ordered a Nintendo Switch console bundle that included a game. The delivery arrived and to my dismay it contained just the game and no console. I spent hours (no exaggeration) on live chat and telephone customer services but they were very unhelpful, passing me through to Nintendo themselves who said it wasn't their problem, telling me to wait in case the console was delivered separately and generally being no real help at all. I contacted them over and over again with no resolution and no real apology.

As a result I only had the game to give my 8 year old on Christmas day which was disappointing but at least she had something to open and she played it on a relatives console until I could buy one after Christmas.

I expected Very to agree that I could just pay for the game and receive a credit to my account for the console that was never received which I hoped would be a straightforward end to the situation, obviously I would never shop with them again after the debacle. Unfortunately they are refusing to credit the account unless I return the game to them - I have explained over and over again that this was all I ended up being able to give to my daughter for Christmas but they are point blank refusing to back down and have said that I now owe them £300 for an Animal Crossing game. 

They have caused so much stress over Christmas and I am so fed up with this awful company, can anyone advise me on how to finally get this resolved?

powerful_Rogue

TheHolly said:

I am at the end of my tether with Very and would appreciate some advice.

Just before Christmas I ordered a Nintendo Switch console bundle that included a game. The delivery arrived and to my dismay it contained just the game and no console. I spent hours (no exaggeration) on live chat and telephone customer services but they were very unhelpful, passing me through to Nintendo themselves who said it wasn't their problem, telling me to wait in case the console was delivered separately and generally being no real help at all. I contacted them over and over again with no resolution and no real apology.

As a result I only had the game to give my 8 year old on Christmas day which was disappointing but at least she had something to open and she played it on a relatives console until I could buy one after Christmas.

I expected Very to agree that I could just pay for the game and receive a credit to my account for the console that was never received which I hoped would be a straightforward end to the situation, obviously I would never shop with them again after the debacle. Unfortunately they are refusing to credit the account unless I return the game to them - I have explained over and over again that this was all I ended up being able to give to my daughter for Christmas but they are point blank refusing to back down and have said that I now owe them £300 for an Animal Crossing game. 

They have caused so much stress over Christmas and I am so fed up with this awful company, can anyone advise me on how to finally get this resolved?

What makes it difficult is that you ordered a bundle, not just a console and a game.

If I was you, I would be dancing to Verys tune. We often hear about people that have high value items go missing and it often takes court action to get a result.

In this regard, Very seem to have handled the situation well, don't forget it takes time for them to investigate things. If I was you, I would look online for a new cheap sealed version of Animal Crossing and then return it to Very to get the refund.

the_lunatic_is_in_my_head

If the goods do not conform to the contract then the consumer has the right to a repair or replacement.

If they are refusing to repair or replace (covered by 5(c)) then you have the choice of a full refund with the return of the goods you have or a price reduction. The price reduction in this case would be the value of the console. 

Have they acknowledged the console was not delivered?
 

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

powerful_Rogue

the_lunatic_is_in_my_head said:

If the goods do not conform to the contract then the consumer has the right to a repair or replacement.

If they are refusing to repair or replace (covered by 5(c)) then you have the choice of a full refund with the return of the goods you have or a price reduction. The price reduction in this case would be the value of the console. 

Have they acknowledged the console was not delivered?
 

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

That's all well and good if you want to take court action, however I gave you the easiest option above.

y3sitsm3

powerful_Rogue said:

the_lunatic_is_in_my_head said:

If the goods do not conform to the contract then the consumer has the right to a repair or replacement.

If they are refusing to repair or replace (covered by 5(c)) then you have the choice of a full refund with the return of the goods you have or a price reduction. The price reduction in this case would be the value of the console. 

Have they acknowledged the console was not delivered?
 

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

That's all well and good if you want to take court action, however I gave you the easiest option above.

Exactly.  OP should just return the game, get a refund and shop elsewhere.

What on earth is the point of overcomplicating this with legal waffle?