Xtravision Problem, anyone offer a bit of advice??

Kimbot

Right heres the story,

I was in an Xtravision store on Sunday, saw a second hand Nintendo DS for sale for €39.99. So I got it and got a game aswell.
The DS has a fault in it so on Monday I bring it back to the store and was told by the chap behind the couter (himself and another girl was on) that he couldn't do anything about it as only a manager could so I had to comeback to the store the next day. So Tuesday came and I rang the store at about 11am and explained the story to the assistant manager, she agreed it was faulty and told me to drop into them before 8pm and they would sort it out for me. So to make sure I was there before 8 I had to leave work early and head out. I get to the Store at about 7.15 - 7.30 and tell the chap behind the counter the story and he just looks at me and says sorry but we have no second hand units in stock(But the have 2 boxes on the shelf marked pre-owned €39.99) but we will give you the money off a new DS Lite, the value added to your account of vouchers!! I told him that I just want it replaced so he tells me he will leave a note for the manager and get him to ring me first thing this morning!! I just rang the manager and he told me he has to wait for a second hand unit to arrive in but couldn't tell me how long I would be waiting!!!

Now I have a faulty unit and I went a spend a good bit more money on games etc that I can't use and now I have to wait for god knows how long with no sort of compensation after making a few trips to the store, having to leave work early, ring them off my mobile during the day and everything!!

What can I do now???

monkeyfudge

You should get your money back and try in another branch of Xtravision, perhaps?

Kimbot

THey won't give aa cash refund is what I was told last night!! They rang all other branch in the district to try get a DS in but none have them so I have to waait until they do!! Like in games etc that I bought I am a good bit out of pocket now and won't have anything to play them on until they get a second hand unit in!!

Cabaal

imho your wasting your time looking for compensation for mobile calls, time of work etc...they didn't ask you to call from a mobile or take time off work so its not their job to cover such costs.

In relation to the actual complaint, its a 2nd hand item so I can understand why they don't know when they'll get one, personally I'd look for all my money back and just leave it at that.

They've agreed the item is at fault so getting a refund should be no problem, I certainly wouldn't accept store credit.

Cabaal

jonny24ie wrote:

THey won't give aa cash refund is what I was told last night!!

- Repair
- Replace
- Refund

Since they can't give you a date for when they'll replace the item and since they can't repair it, that only leaves refund.

Store credit is not a acceptable resolution, whats their excuse for saying that they can only give you store credit?

Kimbot

They just said to me the only thing I can do for you is give you money on your account (the account was not mine BTW) of give you vouchers!! Me and my other half think its a scam to get me to buy a DS lite tho cos he kept pushing the DS lite idea onto me!!

Plus i bought a few games in another store and can't really return them as there is no fault with them so I loose money on that!!

Hitchhiker's Guide to...

they have to give you your money back - legally the product is not "fit for purpose" - don't take any b.s. from them about this. this applies to secondhand goods as much as new goods.

abetarrush

Ill grab a couple o crowbars and stall it down with ye

Morlar

monkeyfudge wrote:

You should get your money back and try in another branch of Xtravision, perhaps?

Reckon this reply hit the nail on the head - they are taking the piss. You should have just brought it back to the store and not left without either your money or a replacement one. You bought it - its broke - unless you broke it, or, unless knew it was part broken in advance then they are at fault.

If you didnt break it and didnt know in advance then they have to refund your cash - the goods are faulty.

Kimbot

I knew they had to refund the cash but I keep getting the same B.S. answers from them that a manager has to take care of the problem but the manager works mornings so I rang yesterday and he just said he would ring me when he got one into the store for me!!! I am contemplating ringing the headoffice today because I want to get it sorted and I want to get the new mario tomorrow etc for it!!

miju

while it's true that they're legally obliged to give you a refund if they can't replace or repair the DS

they're not legally obliged to offer you a cash refund (despite what everyone thinks) see ODCA site here

be very firm and insistent and don't blow your top and try to get cash refund but bear in mind this from the ODCA website

www.odca.ie - ODCA Website wrote:

No. The Act makes no distinction as to how a refund should be made. It could be made by cheque or refund to credit card account or credit note (if acceptable to the consumer) etc.

deadl0ck

they're not legally obliged to offer you a cash refund

Phew - frightened me there for a sec.

They are obiliged to give a refund though - just not necessarily in Notes and Coins is what you're saying

miju

yep , but sure push for the cash one last time and good luck

Kimbot

Well I got it all sorted, manager in the sotre never rang around like he said he did and another store had them in stock so I exchanged it there last night no problems at all!!

MOH

miju wrote:

while it's true that they're legally obliged to give you a refund if they can't replace or repair the DS

they're not legally obliged to offer you a cash refund (despite what everyone thinks) see ODCA site here

be very firm and insistent and don't blow your top and try to get cash refund but bear in mind this from the ODCA website

But just below that, on the same page:

"If goods prove to be faulty, do I have to accept a credit note from the Seller?

No. Where goods are faulty, a consumer may refuse to accept a credit note and has the right to seek a replacement or refund."

So you should definitely look for your cash back.