The Big Consumer Rip-off!!

Ardent

(Mods, not sure if this is the right forum for this thread, please move if not)

Just back from Game on Henry St and I am so mad!! The girlfriend bought me an Xbox 9 days ago which I did not want whatsoever. I never took it out of the bag that it came in let alone the box itself and, when I went to return it today, they told me they wouldn't take it back, they have apparently changed their policy on console returns.

Now I have a receipt, on the back of which states:

"10 Day Returns. We want you to be happy with your purchase, if not we will offer a full refund or exchange*" (I do not see what the * indicates but it obviously refers to their hidden policy which is not on the receipt).

Am I being shafted here? Do I have any comeback? Any help appreciated!

Ardent

seamus

If it says it on the receipt, then that is what you're entitled to do. Ask for a Manager, utter the words "Small claims court" and they'll fold.

Although a sale constitutues a legal contract with or without a receipt, any guarantees or policies stated on that reciept become part of that legal contract. If they say "10-day, no quibble returns policy" then that's what you're entitled to.

midget lord

Thats bull ardent, you are entitled to your money back.

Ardent

I found this at http://www.consumerassociation.ie/rights_knowrights.html :

"The person who purchased the goods holds the rights under the Act. If you receive the goods as a gift, you have no contract with the retailer and don't have the same rights. In practice, most retailers will oblige the user of the goods but this is a gesture of goodwill, not a legal requirement."

So I am screwed? Maybe the 10 day return blurb is related to faulty goods?

Ardent

seamus wrote:

If it says it on the receipt, then that is what you're entitled to do. Ask for a Manager, utter the words "Small claims court" and they'll fold.

Although a sale constitutues a legal contract with or without a receipt, any guarantees or policies stated on that reciept become part of that legal contract. If they say "10-day, no quibble returns policy" then that's what you're entitled to.

Seamus, I was talking to the manager. She looked a little uncertain and went off out the back to consult wiith someone when she saw the face on me. No joy. I ended up storming out muttering "legal options"...

Nuttzz

get her to bring it back?

ferdi

Ardent wrote:

Am I being shafted here? Do I have any comeback?

yes and yes!

go back in there right now, guns blazing. tell them to go **** themselves and threaten legal action if they dont refund you that second, its a ****ing outrage - dont let them away with it.

check here for more info: http://www.boards.ie/vbulletin/forumdisplay.php?f=235

seamus

Sorry, forgot to mention that "We changed our policy" can only apply to new goods sold, and cannot be retrospective.

If a manufacturer gives a lifetime guarantee on a product, then later changes this to a 5-year guarantee, they are still obliged to provide that lifetime gaurantee on all products sold up to that point.

Go back into them today and get your refund/exchange.

I think the problem is that most sales staff aren't properly taught the basic legalities behind sales, and fob people off with what they think is right.

Gah, yes, and get your girlfriend to go in. She was the one with the contract, not you, you have no rights here.

skywalker

"The person who purchased the goods holds the rights under the Act. If you receive the goods as a gift, you have no contract with the retailer and don't have the same rights.

ok so send her back with the xbox, go along with her to make sure she gets it if you want. but make sure ya do it within the 10 days.

Ardent

skywalker wrote:

"The person who purchased the goods holds the rights under the Act. If you receive the goods as a gift, you have no contract with the retailer and don't have the same rights.

ok so send her back with the xbox, go along with her to make sure she gets it if you want. but make sure ya do it within the 10 days.

From the same website:

"You have no rights under the Sale of Goods Act if you simply change your mind about wanting the goods. You also have no rights if faults are due to misuse of the product after purchase, or if faults should have been obvious or were pointed out at the time of purchase. "

So she'd have no rights either.

seamus

Ardent wrote:

From the same website:

"You have no rights under the Sale of Goods Act if you simply change your mind about wanting the goods. You also have no rights if faults are due to misuse of the product after purchase, or if faults should have been obvious or were pointed out at the time of purchase. "

So she'd have no rights either.

No, she does have rights, because the receipt specifically says that she does. As I said, if the receipt makes a claim, then they are bound by that claim. But they are only bound if she is the one who requests that they fulfill their promise.

So get her to go in, say she bought it, and wants to return it.

Ardent

seamus wrote:

No, she does have rights, because the receipt specifically says that she does. As I said, if the receipt makes a claim, then they are bound by that claim. But they are only bound if she is the one who requests that they fulfill their promise.

So get her to go in, say she bought it, and wants to return it.

Seamus, she's not going to be able to go in because she works in Ballyfermot. I've just informed her of the news and she's livid - she's going to give them a ring shortly. Don't know how far she'll be able to get with them though. Chancers.

Kêrmêttê

Sounds to me like you are faced with a staff who haven't a clue what they're doing.
It clearly states on their receipt that they will accept back any goods within 10 days... so therefore they HAVE TO ACCEPT THE GOODS BACK!
If it's written on the receipt that there are exceptions well and good... but if consoles are not stated on YOUR receipt they haven't got a leg to stand on.
Also, it does not state on the receipt who bought the console... unless it's a receipt from a credit card or laser transaction. So, you can go in and demand the refund yourself. Who's there to prove that you didn't purchase it yourself?
Just go into the shop and demand that they re-imburse you. There is no reason why they can't. They have made a public declaration ie. the notice on the receipt, that they will give refunds on all returns before 10 days.
The goods may not be faulty, but neither have they been taken out of their packaging nor damaged in any way by your good self.
They can easily take the console from you, put it back on the shelf and sell it on again so someone who actually wants the thing. The shop will not loose out.

My advice is to stand your ground and be stubborn. Don't loose your temper or raise your voice. Always be polite and reasonable... but still be assertive and remind them that you're looking for a refund.
Hang around and demand to speak to the manager... if the manager doesn't give you any joy demand to see the area manager. Don't leave the shop unless you are statisfied... stay there for hours if needed. Make them give you the refund to get rid of you!!

Don't let this go into the 10th day because they definately won't entertain you then.

I'm well practiced at this... I always get refunded... you just need to be assertive, stubborn, polite and not afraid to hang around for a few hours.

Ardent

Kermette

Thanks for the advice. Sounds like a lot of work just to get what it says I am entitled to on the receipt! I'm not the type to cause a scene....! I'd prefer to take legal action.

I rang the Dept for Consumer Affairs. The lady I was talking to said I have no rights if I change my minds on the goods. The fact that it said "10 day full refund" on the receipt didn't seem to enter the equation for her - I need to "discuss with the store the nature of their policy"!!

Then I rang the Consumer Association of Ireland and the lady there reckons I could bring them to small claims court based on what it says on the receipt. However I need to get written proof that they will not offer me a refund. Anyone have any ideas on how I could get this?

Kêrmêttê

Go back to the shop. Tell them that you reckon that you are entitled to a refund because of what is printed on their receipt and that you intend to seek legal advice.
Inform them that if they point blankly refuse to re-imburse you, you want this stated in writing. I would imagine that for this to have any weight in a claims court, it must be on headed paper, have today's date on it and be signed (actually signed by hand), by the manager.
Again, if they refuse to give you this written refusal of refund, I reckon it would be advisable to have a witness with you to confirm that you tried and failed.
Take a note of the time of day and the names of the people that you are talking to and also a rough summary of the conversations (it's amazing what you forget after a few minutes especially in times of stress). Take out a paper and pen in front of them if needs be... don't be nervous... make them see you actually do mean business!

Good-luck with this. It really makes me mad when retaillers start to play God!
We, the consumers, are the ones who pay their wages after all...
Whatever happend to customer service and customer satisfaction??

Ardent

Kêrmêtt&#234 wrote:

Go back to the shop. Tell them that you reckon that you are entitled to a refund because of what is printed on their receipt and that you intend to seek legal advice.
Inform them that if they point blankly refuse to re-imburse you, you want this stated in writing. I would imagine that for this to have any weight in a claims court, it must be on headed paper, have today's date on it and be signed (actually signed by hand), by the manager.
Again, if they refuse to give you this written refusal of refund, I reckon it would be advisable to have a witness with you to confirm that you tried and failed.
Take a note of the time of day and the names of the people that you are talking to and also a rough summary of the conversations (it's amazing what you forget after a few minutes especially in times of stress). Take out a paper and pen in front of them if needs be... don't be nervous... make them see you actually do mean business!

Good-luck with this. It really makes me mad when retaillers start to play God!
We, the consumers, are the ones who pay their wages after all...
Whatever happend to customer service and customer satisfaction??

I spoke to my solicitor and he has informed me as to what I need to do. It involves taking the necessary steps to initiate bringing them to small claims court. As for written proof, he reckons it's not necessary - if I really need it for peace of mind, I can just buy some other goods in the store and that will be proof that I was there.

Thanks for all the replies - I'll keep you all updated as to how this turns out.

Ardent

Kêrmêttê

I'll keep my fingers and eyes crossed for ya!
Good luck!!

axer

m8, what u need to do is send them a letter that is registered. They MUST respond in writing to that letter. It will be useful in the small claims court as it is the ONLY proof that you have even contacted them in relation to this matter. They could even turn around and say that they were not talking to you within the 10 days (if it has already passed) as it would be their word against yours because you have no proof of this.
btw - i will buy the xbox off of you for 70 euro cash if u get nowhere.

Ardent

axer wrote:

m8, what u need to do is send them a letter that is registered. They MUST respond in writing to that letter. It will be useful in the small claims court as it is the ONLY proof that you have even contacted them in relation to this matter. They could even turn around and say that they were not talking to you within the 10 days (if it has already passed) as it would be their word against yours because you have no proof of this.
btw - i will buy the xbox off of you for 70 euro cash if u get nowhere.

LOL! 140 and you can have it unopened with a copy of Hulk DVD and some game called XIII or something. It'll cost me 9 euros to bring them to small claims court so 140 would make it even.

Ardent

axer wrote:

m8, what u need to do is send them a letter that is registered. They MUST respond in writing to that letter. It will be useful in the small claims court as it is the ONLY proof that you have even contacted them in relation to this matter. They could even turn around and say that they were not talking to you within the 10 days (if it has already passed) as it would be their word against yours because you have no proof of this.
btw - i will buy the xbox off of you for 70 euro cash if u get nowhere.

I took your advice and wrote them a letter and sent this off via register post along with a filled out smalls claim application form. I stated in the letter that I hoped we could settle this amicably but if I didn't hear from them within 7 days I'd be sending a copy of the small claims form to Dublin District Court and initiating legal proceddings. The ball's in their court now.

jor el

Good man, stick it to them. I've never noticed that on the back of the receipts in Game, not that I buy much there though. I'm tempted to go in now and buy something just to bring it back and see what their response is (something cheep though in case it doesn't work)
Do let us know how you get on with this though, whenever it's resolved. I would think the threat of court action would be enough to make them fold, since they are in the wrong and they know it, so you should expect a refund quite soon.

gandalf

The simplest way to deal with these is to go into the store. Ask to talk to the manager but stay near the cash desk, do not go into an office etc.

Then start to talk to them. If they spout the usual "Its company policy blah blah blah"

Then calmly but with a slightly raised voice say to them "If you aren't prepared to honour agreements that are clearly printed on your receipts what guarantees do I actually have in purchasing anything from Game".

Make sure people who are in the queue to pay can hear you, this method is ideal when there is a decent sized queue in the store. Keep harping on in this vein and he/she should crumble as the fear is they could lose a sale from others hearing your discussion with the manager

Good luck and sock it to them !!!

CyberGhost

gandalf wrote:

The simplest way to deal with these is to go into the store. Ask to talk to the manager but stay near the cash desk, do not go into an office etc.

Then start to talk to them. If they spout the usual "Its company policy blah blah blah"

Then calmly but with a slightly raised voice say to them "If you aren't prepared to honour agreements that are clearly printed on your receipts what guarantees do I actually have in purchasing anything from Game".

Make sure people who are in the queue to pay can hear you, this method is ideal when there is a decent sized queue in the store. Keep harping on in this vein and he/she should crumble as the fear is they could lose a sale from others hearing your discussion with the manager

Good luck and sock it to them !!!

this is a very good advice!

once peats wouldn't take my disks back! that long haired beard guy, wouldn't so I got really pissed and told him to go back and get the manager, then I explained things to the manager, when he looked at me he understood that I wouldn't leave until they would take it back! so he took it back no problems!

Naos

You could also walking into the shop with a dictophone. Calmly ask for the manager and when he comes to the desk, explain that you have a dictophone, put it on the desk and say your are here AGAIN about your xbox. Then say your going to record the conversation *click* que conversation. Another handy thing for the aul SCC. He'll more than likely ask u to stop the tape and refuse to speak, and then give the aul 'Lets make a deal' crap..

brian