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  • FIRST POST
    • dekaspace
    • By dekaspace 15th Aug 19, 6:04 PM
    • 5,100Posts
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    dekaspace
    Fake console from second hand store, rights?
    • #1
    • 15th Aug 19, 6:04 PM
    Fake console from second hand store, rights? 15th Aug 19 at 6:04 PM
    Earlier I saw a console from my childhood and thought I would treat myself even more so since it was a imported model style (which should of raised warning flags) I paid £39.99 for this, I did have another warning sign when I purchased it seemed to weight pretty much nothing.

    When I got it home I realised it was a fake, modern one with a sd card slot for adding more games.

    There is official clone hardware out there but that is easy to spot due to logos on them.

    I want to take it back but with it being a second hand store (Cash Convertors) do I have same rights as a regular store?

    I did some research and these clones can be bought from China for £20 delivered!
Page 1
    • KatrinaWaves
    • By KatrinaWaves 15th Aug 19, 6:14 PM
    • 916 Posts
    • 1,893 Thanks
    KatrinaWaves
    • #2
    • 15th Aug 19, 6:14 PM
    • #2
    • 15th Aug 19, 6:14 PM
    Sounds like itís not a fake but a reproduction?

    Anyway if bought in store it is sold as seen. Sounds like the signs were there for you to inspect.
    • the_lunatic_is_in_my_head
    • By the_lunatic_is_in_my_head 15th Aug 19, 6:29 PM
    • 2,557 Posts
    • 1,514 Thanks
    the_lunatic_is_in_my_head
    • #3
    • 15th Aug 19, 6:29 PM
    • #3
    • 15th Aug 19, 6:29 PM
    OP if the product bears any Trademarks (Nintendo, Sony, etc) and isn't legit just take it back and see what they say.

    Big chain or single store? Big chain is likely to be more helpful.
    • dekaspace
    • By dekaspace 15th Aug 19, 6:34 PM
    • 5,100 Posts
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    dekaspace
    • #4
    • 15th Aug 19, 6:34 PM
    • #4
    • 15th Aug 19, 6:34 PM
    Interesting, but I didn't get a chance to handle the machine until after payment, even then the official one had a part that slides off at side, this one didn't and had a card reader in its place. not visible unless you looked right at it very close up. not sure how you would word it but I say fake because the hardware inside is not the same as any official reproductions, and its not an official product, the power and video ports are identical to original.

    Even the store label has the real brand and model on it.


    OP if the product bears any Trademarks (Nintendo, Sony, etc) and isn't legit just take it back and see what they say.

    Big chain or single store? Big chain is likely to be more helpful.
    Originally posted by the_lunatic_is_in_my_head

    Cash Convetors, a franchise.


    And yes is indistingishable from real hardware apart from the sd card slot, and has all the logos, one on top, a "official" sticker on base, logos on controllers.
    • Colin_Maybe
    • By Colin_Maybe 15th Aug 19, 6:46 PM
    • 4,503 Posts
    • 2,619 Thanks
    Colin_Maybe
    • #5
    • 15th Aug 19, 6:46 PM
    • #5
    • 15th Aug 19, 6:46 PM
    Interesting, but I didn't get a chance to handle the machine until after payment, even then the official one had a part that slides off at side, this one didn't and had a card reader in its place. not visible unless you looked right at it very close up. not sure how you would word it but I say fake because the hardware inside is not the same as any official reproductions, and its not an official product, the power and video ports are identical to original.

    Even the store label has the real brand and model on it.





    Cash Convetors, a franchise.


    And yes is indistingishable from real hardware apart from the sd card slot, and has all the logos, one on top, a "official" sticker on base, logos on controllers.
    Originally posted by dekaspace
    Take it back and see what they say (don't get antsy with them, that never, ever helps), if no joy then start talking about trading standards getting involved.
    • CardinalWolsey
    • By CardinalWolsey 16th Aug 19, 8:37 AM
    • 531 Posts
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    CardinalWolsey
    • #6
    • 16th Aug 19, 8:37 AM
    • #6
    • 16th Aug 19, 8:37 AM
    What games machine is it? There are some official "repros" out there - for example Nintendo have the NES and Super NES as "Micro" versions. You can also get the official retro Sega Megadrive. So are you sure its "fake"?
    • DoaM
    • By DoaM 16th Aug 19, 11:36 AM
    • 7,778 Posts
    • 7,582 Thanks
    DoaM
    • #7
    • 16th Aug 19, 11:36 AM
    • #7
    • 16th Aug 19, 11:36 AM
    You can also get the official retro Sega Megadrive
    Originally posted by CardinalWolsey
    Official retro? I've still got an original. (And a Dragon 32 computer).

    /reminisces
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • bertiewhite
    • By bertiewhite 16th Aug 19, 12:09 PM
    • 1,657 Posts
    • 1,856 Thanks
    bertiewhite
    • #8
    • 16th Aug 19, 12:09 PM
    • #8
    • 16th Aug 19, 12:09 PM
    but I didn't get a chance to handle the machine until after payment, even then the official one had a part that slides off at side, this one didn't and had a card reader in its place.
    Originally posted by dekaspace
    So at what point did you notice this? It sounds like you noticed in the store?
    • CardinalWolsey
    • By CardinalWolsey 16th Aug 19, 1:20 PM
    • 531 Posts
    • 530 Thanks
    CardinalWolsey
    • #9
    • 16th Aug 19, 1:20 PM
    • #9
    • 16th Aug 19, 1:20 PM
    Official retro? I've still got an original. (And a Dragon 32 computer).

    /reminisces
    Originally posted by DoaM
    Whilst the reimagined hardware comes with lots of built in games, unfortunately that does not include Goldeneye

    My wife keeps trying to insist I clear my archive collection of "tech". 20+ years of mobile phones, consoles, laptops and so on. Plus my beloved collection of Crash magazines (in which I once had a letter published #geek).
    • AndyPix
    • By AndyPix 16th Aug 19, 3:09 PM
    • 4,427 Posts
    • 3,978 Thanks
    AndyPix
    unfortunately that does not include Goldeneye .
    Originally posted by CardinalWolsey

    #cough - snes emulator #cough
    Running with scissors since 1978
    • preable
    • By preable 16th Aug 19, 7:43 PM
    • 2,023 Posts
    • 1,318 Thanks
    preable
    If my local cash converters is anything to go by they will wriggle out of a refund any way possible
    • Retrogamer
    • By Retrogamer 17th Aug 19, 9:14 AM
    • 4,004 Posts
    • 3,951 Thanks
    Retrogamer
    #cough - snes emulator #cough
    Originally posted by AndyPix
    Wasn't that on the N64?
    • Paul_DNAP
    • By Paul_DNAP 19th Aug 19, 7:51 AM
    • 656 Posts
    • 808 Thanks
    Paul_DNAP
    Wasn't that on the N64?
    Originally posted by Retrogamer

    Yes, it was indeed.




    OP - it may well be a "proper" console that has had a modification to use hooky games off SD cards. In which case you're on to an absolute winner there. Which console is it ?
    (Although I could be wrong, I often am.)
    • ThumbRemote
    • By ThumbRemote 19th Aug 19, 12:22 PM
    • 4,029 Posts
    • 5,125 Thanks
    ThumbRemote
    Sounds like itís not a fake but a reproduction?

    Anyway if bought in store it is sold as seen. Sounds like the signs were there for you to inspect.
    Originally posted by KatrinaWaves
    This is absolutely, completely wrong. There is no such thing as 'sold as seen' in UK consumer law.
    • AndyPix
    • By AndyPix 19th Aug 19, 2:19 PM
    • 4,427 Posts
    • 3,978 Thanks
    AndyPix
    Wasn't that on the N64?
    Originally posted by Retrogamer

    D'oh yes of course it was .. what was I thinking


    It used to get so much hammering that the controllers would hardly move left or right in the end - just used to flap about in the socket !!


    Anyway, same principal applies , N64 emulators are easy to find on tinternet - so is goldeneye
    Running with scissors since 1978
    • KatrinaWaves
    • By KatrinaWaves 20th Aug 19, 8:30 AM
    • 916 Posts
    • 1,893 Thanks
    KatrinaWaves
    This is absolutely, completely wrong. There is no such thing as 'sold as seen' in UK consumer law.
    Originally posted by ThumbRemote
    Okay, ignoring the wording 'sold as seen' the item is not faulty, nor is it an out and out fake (or that hasnt been established). he had opportunity to inspect, he has no automatic right to return it.

    Better?
    • George Michael
    • By George Michael 20th Aug 19, 9:42 AM
    • 3,423 Posts
    • 4,606 Thanks
    George Michael
    Okay, ignoring the wording 'sold as seen' the item is not faulty, nor is it an out and out fake (or that hasnt been established). he had opportunity to inspect, he has no automatic right to return it.

    Better?
    Originally posted by KatrinaWaves
    Not really.
    If it was an "out and out fake" then it was illegal to sell it so there is a right of return.

    If it was an authorised reproduction then this is legal to sell but it still has to be made clear what is being sold and as it was labelled up as a genuine item:

    Even the store label has the real brand and model on it.
    Originally posted by dekaspace
    then it was misadvertised and as such, there is still a right of return and being given the opportunity to inspect prior to purchase doesn't negate the fact that anything sold must be as advertised.
    • powerful_Rogue
    • By powerful_Rogue 20th Aug 19, 9:59 AM
    • 3,884 Posts
    • 5,861 Thanks
    powerful_Rogue
    Not really.
    then it was misadvertised and as such, there is still a right of return and being given the opportunity to inspect prior to purchase doesn't negate the fact that anything sold must be as advertised.
    Originally posted by George Michael

    I disagree. Both of these could be advertised as a Sony Playstaion and would be correct.



    • George Michael
    • By George Michael 20th Aug 19, 10:23 AM
    • 3,423 Posts
    • 4,606 Thanks
    George Michael
    I disagree. Both of these could be advertised as a Sony Playstaion and would be correct.



    Originally posted by powerful_Rogue
    Sony themselves differentiate between the two models and when advertising the newer model they make it perfectly clear that it is:

    Get your hands on a compact recreation of a gaming icon.
    So unlike the console that the OP bought, what is being shown above is clearly stated as being a "recreation".
    • shaun from Africa
    • By shaun from Africa 20th Aug 19, 11:06 AM
    • 11,128 Posts
    • 12,691 Thanks
    shaun from Africa
    he had opportunity to inspect, he has no automatic right to return it.
    Originally posted by KatrinaWaves
    Being able to inspect something doesn't normally diminish the traders obligations to ensure that something is as described.

    As to regarding something be a reproduction/recreation. Provided that it's an authorised copy then selling it isn't illegal but there is still an obligation under the "Consumer Protection from Unfair Trading Regulations 2008" to ensure that enough information is given to consumers to enable them to made an informed decision about goods they are considering buying.
    These regulations mean that that:

    It is a breach of the CPRs to fail to give consumers the information they need to make an informed choice in relation to a product if this would cause, or be likely to cause, the average consumer to take a different transactional decision - for example, in order to make an informed decision about whether to buy or how much to pay
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