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GAME.co.uk _ HELP please... What do I do next?

I purchased 2 Barstools from GAME.co.uk online, they arrived and both stool tops have slash marks over the design tops. (Ordered July 19th - Delivered 23rd)

There was no damage to the packaging so can only assume this damage was done in the manufacturing process or factory?

Contacted GAME.co.uk and arranged the return of the items and requested a refund they apologised and arranged for collection. (Email trail on 26th July)

Package was collected from arranged courier (28th July)

Items returned to me with no notice or communication (10th August) - Exactly the same damaged products that I had to return due to not being fit for purpose.

Contacted GAME.co.uk webchat and was told they will not refund or exchange as I deliberately damaged the goods as there is no evidence of damage on the packaging!

I explained I received the items in this condition and was passed onto someone more senior who again told me I had done the damage myself ! And his senior manager said the matter is finished, there is nothing more they can do. I asked about further complaints and was informed the matter is closed with them and maybe go and talk to my bank.I asked for the details of the ombudsman and they said the ombudsman does not apply to GAME.co.uk. 

What do I do next? Obviously I have not damaged the goods they arrived like it and now they refusing to give me a refund or exchange items so they have taken £129 from me and sent me inadequate products... Surely this is not ethical or correct?

Really don't know what to do next so any help and advice would be greatly appreciated.

Thanks in advance



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Comments

  • Olinda99
    Olinda99 Posts: 2,042 Forumite
    1,000 Posts Third Anniversary Name Dropper
    The first question is - how did you pay?
  • Debit Card from my bank account
  • Alderbank
    Alderbank Posts: 3,979 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Welcome to the Forum, OG!
    The law is very clear. You can reject the goods for a full refund.
    A technicality - your reason for rejection is because they are of unsatisfactory quality. 'Not fit for purpose' would apply if they were uncomfortable or unsafe to sit on.

    The law assumes, unless there is evidence to the contrary, that faulty goods less than 6 months old were faulty when they were supplied. I assume that when you received them the stools were packed in boxes from the factory? If you took it to court Game would have to produce pretty good evidence that on balance of probability the stools had been in perfect condition when the boxes left the factory in the far east and remained so until you took possession of them.

    I see you paid by debit card:
    Games's barstools are either £59.99 or £99.99 each so S75 would not have applied. Because of the strength of your legal case (in my opinion) you should consider a chargeback if Game are not more helpful.
  • Ergates
    Ergates Posts: 3,065 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 11 August 2022 at 11:30AM
    I think Game should be answering the question:  Given that you can reject goods ordered online within 14 days of delivery for any reason (or no reason) - what possible motive would you have to deliberately damage the stools? 

    Civil cases are decided on balance of probability rather than "Beyond all reasonable doubts" - goods damaged in manufacturing process vs customer randomly vandalising goods before returning them.
  • born_again
    born_again Posts: 20,711 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    While there is a chargeback Faulty goods. Given Games previous response. They will simply reject it on the basis it is customer damage.

    OP. How did you open the boxes they were in?
    Life in the slow lane
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,394 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 11 August 2022 at 1:06PM
    Alderbank said:
    Welcome to the Forum, OG!
    The law is very clear. You can reject the goods for a full refund.
    A technicality - your reason for rejection is because they are of unsatisfactory quality. 'Not fit for purpose' would apply if they were uncomfortable or unsafe to sit on.

    The law assumes, unless there is evidence to the contrary, that faulty goods less than 6 months old were faulty when they were supplied. I assume that when you received them the stools were packed in boxes from the factory? If you took it to court Game would have to produce pretty good evidence that on balance of probability the stools had been in perfect condition when the boxes left the factory in the far east and remained so until you took possession of them.

    I see you paid by debit card:
    Games's barstools are either £59.99 or £99.99 each so S75 would not have applied. Because of the strength of your legal case (in my opinion) you should consider a chargeback if Game are not more helpful.
     @Alderbank

    The consumer can reject the goods within 30 days (short term right to reject) but the assumption that the goods did not conform doesn't apply to that right so burden of proof is placed upon the consumer. 

    You'll note that 3(a) is not mentioned in paragraph 14 :) 

    https://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

    (3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

    (a)the short-term right to reject (sections 20 and 22);

    (b)the right to repair or replacement (section 23); and

    (c)the right to a price reduction or the final right to reject (sections 20 and 24).

    (4)If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer’s rights (and the provisions about them and when they are available) are—

    (a)the right to repair or replacement (section 23); and

    (b)the right to a price reduction or the final right to reject (sections 20 and 24).


    (14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

    Ergates said:
    I think Game should be answering the question:  Given that you can reject goods ordered online within 14 days of delivery for any reason (or no reason) - what possible motive would you have to deliberately damage the stools? 

    Civil cases are decided on balance of probability rather than "Beyond all reasonable doubts" - goods damaged in manufacturing process vs customer randomly vandalising goods before returning them.
    If you mean the cancellation regs the consumer would be cancelling or withdrawing from the contract rather than rejecting the goods :) 

    With no reflection on the OP, you'd be amazed what people are willing to do to save a couple of pounds returning something small.... 

    Game are very close with their terms but let themselves down with

    https://helps.game.co.uk/en/support/solutions/articles/80000620479-14-day-right-to-change-your-mind

    When you don't have the right to change your mind. You do not have a right to change your mind in respect of:

    Products which are incomplete and no longer contain all component parts as purchased (e.g. cables, memory sticks, controllers, etc.). Items purchased as part of a combined product (for example a combined hardware, games and accessories bundle) can only be returned if all items in the combined product are returned together;

    They do later say

    We may reduce your refund of the price (excluding delivery costs) where you fail to return each component part (cables, memory sticks, etc.) and to take account of the reduction in value caused by any damage or missing components.

    Which is correct but stating the consumer can not change their mind could be viewed as not suppling the required information thus meaning they can't make a deduction.

    I assume barstools can't be returned via normal post, if that's correct they'd need to supply the estimated cost of return/collection, if they expect the consumer to cover this cost, which isn't detailed at the link.

    Of course it all depends upon what the OP received via a durable medium. 
    In the game of chess you can never let your adversary see your pieces
  • Alderbank
    Alderbank Posts: 3,979 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Alderbank said:
    The law assumes, unless there is evidence to the contrary, that faulty goods less than 6 months old were faulty when they were supplied.


    the_lunatic_is_in_my_head said:
    The consumer can reject the goods within 30 days (short term right to reject) but the assumption that the goods did not conform doesn't apply to that right so burden of proof is placed upon the consumer. 

    Thanks for correcting my post. Every day's a schoolday  :)
  • superbigal
    superbigal Posts: 622 Forumite
    Part of the Furniture 500 Posts
    1 Slash mark okay.   2 slash marks mmmm.  I have certainly caused damage when opening packaging with a Stanley knife.
    Is this what Game are suggesting ?

  • Ergates
    Ergates Posts: 3,065 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    1 Slash mark okay.   2 slash marks mmmm.  I have certainly caused damage when opening packaging with a Stanley knife.
    Is this what Game are suggesting ?

    Given that the reason Game are refusing the refund is that the packaging wasn't damaged, then probably not.
  • Bradden
    Bradden Posts: 1,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Ergates said:
    1 Slash mark okay.   2 slash marks mmmm.  I have certainly caused damage when opening packaging with a Stanley knife.
    Is this what Game are suggesting ?

    Given that the reason Game are refusing the refund is that the packaging wasn't damaged, then probably not.
    I think that coulkd be exactly what Game suspect.. I know I've made that mistake when cutting open boxes. Might  be easily disproved though as those type of cuts would be fairly distinct.
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