No Return On DVD or Media Goods

excal2

Hi,

I tried to return a Nintendo DS Game to World of Wonder toystore today , as it wasnt the one I wanted.

I had asked for Brain Training and instead got some crappy imiatation (as I learned later) called Brain Trainer.

I tried returing the game , but the store said they had a strict no exchange/refund on DVD's or media (games etc...)

I understand that I should have known what I was buying but I'm wondering if its legal to state that you will not accept returns on DVD or any computer games?

jahalpin

excal2 wrote: »

Hi,

I tried to return a Nintendo DS Game to World of Wonder toystore today , as it wasnt the one I wanted.

I had asked for Brain Training and instead got some crappy imiatation (as I learned later) called Brain Trainer.

I tried returing the game , but the store said they had a strict no exchange/refund on DVD's or media (games etc...)

I understand that I should have known what I was buying but I'm wondering if its legal to state that you will not accept returns on DVD or any computer games?

The shop is under no legal obligation to accept a return because you changed your mind.

The shop is only required to accept returns if the good is faulty as a result of a manufacturing defect and on items such as games\dvd will normally only exchange for the same product due to the high risk of duplication by the customer.

excal2

I completly understand that I cant exchange because I changed my mind.

My question is, are they allowed to have a no return policy on media.

Lets say its damaged or faulty, the assistant said they cant replace or refund on any media goods.... thats my beef....

I really dont care about the game... im just wondering if its legal to have a no return policy

Doctor DooM

No it isnt but I seriously doubt thats what they meant.

If you could prove the goods were not fit for purpose I am sure they would echange.

GBX

If it is faulty, you should be entitled to a replacement.

excal2

Its actually printed on the back of the receipt, "No return/exchange on DVD or media products"..

Doctor DooM

excal2 wrote: »

Its actually printed on the back of the receipt, "No return/exchange on DVD or media products"..

I would bet it say "your statuatory rights are not affected" somewhere.

ztoical

SDooM wrote: »

I would bet it say "your statuatory rights are not affected" somewhere.

dang beat me to it

excal2

Right below it in fact.... I presume this negates the no return policy......

Doctor DooM

ztoical wrote: »

dang beat me to it

No prob you can have the next one

excal2 wrote: »

Right below it in fact.... I presume this negates the no return policy......

It means that they respect your rights in the case that you may recieve a repair, exchange or refund if the good are not as described, not fit for purpose or broken. Basically they do the legal minimum they have to, I'm afraid.

excal2

thanks for the info!

A Dub in Glasgo

Do I understand this correctly... You bought the wrong game and are peeved that the shop/store will not refund for your mistake?

Doctor DooM

A Dub in Glasgo wrote: »

Do I understand this correctly... You bought the wrong game and are peeved that the shop/store will not refund for your mistake?

No the OP was asking is it legal for them to state they wouldn't return in any given circumstance (which it isn't, but as I pointed out, technically they didn't say.)

JohnC.

A Dub in Glasgo wrote: »

Do I understand this correctly... You bought the wrong game and are peeved that the shop/store will not refund for your mistake?

If I understand it correctly, he did in fact ask for the correct item, but was given the wrong item, which was similar.

matrim

If it's faulty or scratched most places will replace it, however if it's just the wrong game they won't. Expecially for PC games, The reason for this is because most (PC Games) have key and are also easily copied.

Cabaal

You purchased the wrong item, if its not faulty they don't have to take it back, oh well

mcaul

Actually the OP has a case for exchange but not refund.

The games are held behind a counter, so an error was made by the shop assistant rather than the OP. Therefore it is covered under the sale of goods act as it was not as described.

If the OP went into see a manager and explained that he was given the incorrect item by a staff member and is looking for the item he originally asked for (rather than something completely different) then you'll probably find that it will be dealt with properly.

It is for Byrnes / other stores to keep an eye out for titles that are similar and to ensure that the correct title is given to the customer.

gerryo

mcaul wrote: »

Actually the OP has a case for exchange but not refund.

Agreed, OP asked for "Brain Training" & got "Brain Trainer"

Shop made a mistake, they have to legally exchange it, as it is not what was asked for. It's not the OP's fault they handed out the wring item, the shop is supposed to know what they are selling.

Maybe a small problem with language, "training"/"trainer" is similar.

However, I forsee problems if the OP opened the package as this usually signify acceptance. If it is returned unopened, then they have to exchange.

Guy:Incognito

Thats all down to his word against thiers tho. Whos to say the OP didnt ask for brain trainer, get it home and think "this is balls, i want brain training".

I seriously doubt the person in the shop will remember sellign it or the conversation.

gerryo wrote: »

If it is returned unopened, then they have to exchange.

No they dont. Unless as above he can prove he did actually ask for a different game.

He should really have looked before leaving

gerryo

Stekelly wrote: »

No they dont. Unless as above he can prove he did actually ask for a different game.

He should really have looked before leaving

Yeah, proof is the important bit, but the law is clear, if you ask for something & get something else, they have to exchange. Even if you leave the shop with it.

Problem is going to be getting them to agree that he asked for Brain Training.

I never heard of "Brain Trainer" for the DS, where as there was extensive TV advertising for "Brain Training" before xmas. If he asked for Dr Kawashima's Brain Training, then he is definitley got the wrong item.

A Dub in Glasgo

Really should be checking what you bought

http://www.amazon.co.uk/Professor%252019s-Brain-Trainer-Logic-Nintendo/dp/B000LIQYTW

the_syco

OP: did you open the packaging?

axer

The OP has absolutely no come back. As said earlier, it was the OP's responsibility to check what he/she was given at the time of purchase.

As said earlier there is nothing illegal about the sign as they are talking about non-statutory refunds/exchanges.