Consumer rights question.

56cheffy

Sorry if this is in the wrong place, but I couldn't see where else to post it!

My son bought an Xbox 360 on 07/09/2006...it broke down on 06/12/2006 and was replaced with a new one.

It has now stopped working again and an error message of 0021 is given (DVD Firmware Failure.)

I mailed Game Online 3 days ago, no reply...so I just called them and was told that it was only a one year guarantee. She said she would give me Microsofts number.

I told her that as the seller my agreement was with them....I explained that having paid over £300 for a product irrespective of just a one year guarantee I expected it to last more than 18 months, we argued the toss and then she HUNG UP on me!

What are my consumer rights?

Is my argument with Game or Microsoft?

Idiophreak

56cheffy wrote: »

I told her that as the seller my agreement was with them....I explained that having paid over £300 for a product irrespective of just a one year guarantee I expected it to last more than 18 months

You were bang on the money to do so. Sale Of Goods covers your product for a reasonable lifetime which may be up to six years (iirc).

Might be worth having a read through that (if you search on here you'll find loads of info) then calling them back and making it quite clear that *they* are responsible for repairing or replacing the console.

If not, sure someone will come along with ideas of how to take the matter further..

macchicken

your contract is with the retailer, Game should replace it and then take it up with microsoft.

moonrakerz

I think you will struggle to get much out of anyone over this. From the response you have got already their "customer service" is obviously of very high quality.
Any warranty you have is generally accepted to be from the date of the first purchase, so their first response will be that it is two years old.
I'm afraid the "six year" thing is a bit like the Loch Ness Monster, everyone knows someone who knows someone who has seen it, but there is no concrete evidence that it has ever existed !
Your best chance might be if it was purchased on a credit card, to try and get something through the card company.

geordie_joe

moonrakerz wrote: »

I'm afraid the "six year" thing is a bit like the Loch Ness Monster, everyone knows someone who knows someone who has seen it, but there is no concrete evidence that it has ever existed !

http://www.berr.gov.uk/consumers/fact-sheets/page38311.html

Key Fact 6

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

geordie_joe

Been doing more digging and I think the 6 year thing may refer to the amount of time you have to complain about a defective product, not the time a product should last.

i.e. if you buy something and it breaks down after 6 months you can wait another 5.5 years before complaining about it.

You might not be able to complain if the product breaks down 5.8 years after you buy it.

moonrakerz

The point I was trying to make, perhaps not too well, was that the law may say/imply 6 years, but I honestly cannot recollect ever seeing a case where someone has successfully managed to claim over that period of time.

This clause:
"In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years)."
is really a "get out of jail free card" for the supplier.

For example could the OP prove in Court that his/her son had operated the Xbox strictly in accordance with Microsoft's instructions; had never knocked it off the table, had never just pulled the plug out instead of following the correct shut down procedure, had never attempted to play "unauthorised" software on it, etc, etc ??
The average purchaser would struggle to get his case across if it came to Court against a battery of lawyers hired by a large store/supplier.

Of course a full 6 year warranty would be wonderful - but what would it do the purchase price of each article ? And what boy would want a "new" 6 year old Xbox anyway ?

Pound

moonrakerz wrote: »

The average purchaser would struggle to get his case across if it came to Court against a battery of lawyers hired by a large store/supplier.

I'd be surprised if a store would hire lots of high priced lawyers charging maybe £100 hour each in order to defend against a £150 claim.

Pound

Six years is the limit for which claims can be brought to a county court. This doesn't mean that everything you buy should last six years.

The Sale of Goods Act requires the supplier to prove that there isn't a manufacturing fault if an item is faulty in the first 6 months. After then, it is up to the customer to prove there is a manufacturing fault.

I'm not sure how other companies work with this but where I work we would ask the customer to send a letter written by someone who's qualified to make a judgment stating that there's a manufacturing fault. I'm not sure whether this was sufficient if it was taken to court.