A game trading shop

cathy01

a shop that trades games accepted a console to trade in from a young adult age 15.
His mother had bought it for him for christmas and he decided totrade it in without her knowledge.
He got € 70 for something worth €190 new or there abouts.
When I looked on the shops web site it said terms and conditions, bring it in we will buy it and give you cash, thats it, no mention of age......
when I rang up aboput it I was told the customer service girl nevers talks to anyone over the phone, only in writeing..they where very cagey.
What do you think.
cathy

swingking

name and shame :rolleyes:

Mr. Presentable

OK. So what's it worth second hand? The shop is entitled to make a profit. What's the problem, the sellers age?

Mr. Presentable

cathy01 wrote: »

when I rang up aboput it ..they where very cagey.
What do you think.
cathy

It was none of your business, so they were being careful about disclosing information.

Gillo

The shop did nothing wrong in fairness.

As for the boy, ungrateful little f*&ker, he should only get a very small token present this year.

Gary ITR

Gillo wrote: »

The shop did nothing wrong in fairness.

As for the boy, ungrateful little f*&ker, he should only get a very small token present this year.

+1

The boy is the one at fault not the shop

cathy01

the problem is the age.Hes to young to make an agreement with the shop.Also, not that it should matter really , the boy has ADHD, and implusiveness.
The shop, refused to even acknowledge that they did something wrong.
cathy

Zonda999

I agree that it was the boy at fault.I did similiar things a few years ago when i was around that age.I did tell my parents about it though.There is no legislation sayin that this kinda thing is illegal so the shop were completely within thier rights

cathy01

is it not ture that an agreement , like that , or a contract, which is what it is, is illigeal if the person is a minor.
cathy

JohnC.

Are you saying it is illegal for someone under 18 to use a shop? Remember that contracts go both ways. Buying something from a shop is a contract too.

Gillo

cathy01 wrote: »

the problem is the age.Hes to young to make an agreement with the shop.Also, not that it should matter really , the boy has ADHD, and implusiveness.
The shop, refused to even acknowledge that they did something wrong.
cathy

The boy was only in the shop for at a guess five minutes for the trasnaction to take place, unless he has extremely bad ADHD (in which case why was he let out alone) it'd be hard for the shop to realise that he suffered from ADHD.

It's an unfortuante situation, but at the end of the day they shop did nothing wrong.

Incidently what did he spend the money on?

cathy01

no, point is , a legal agreement with a shop and a minor???
cathy

Zonda999

cathy01 wrote: »

is it not ture that an agreement , like that , or a contract, which is what it is, is illigeal if the person is a minor.
cathy

if it was like this, then a 17 year old goin into a shop for a bar of chocolate would also be illegal.I agree with another poster - contracts go both ways

razorblunt

cathy01 wrote: »

no, point is , a legal agreement with a shop and a minor???
cathy

In that case kids could never buy anything in a shop.

Gillo

razorblunt wrote: »

In that case kids could never buy anything in a shop.

Yes, but you are forgetting that contracts only matter when it suits people, if it doesn't suit them the contract can be forgotten about. It's the law you know, I heard it on the Joe Duffy show.

thefinalstage

razorblunt wrote: »

In that case kids could never buy anything in a shop.

The laws contract do not apply to essential items.

Potential-Monke

It happens thousands of times everyday when kids trade in their old games for new ones. Granted, it may not be right, but thats the way it seems to be... I'm sure if you fought it, then maybe you might get the console back. Maybe.

Taken from here, so i don't know if it's fact here.

Minors, which in most states refers to persons under the age of 18, may enter into contracts. However, anycontract involving a minor is voidable. When a contract involving a minor goes unfulfilled it may be affirmed or disaffirmed when the minor reaches maturity, or legally becomes an adult.

Also, might be interesting to look this possibility up...

Parties to a contract also must have the legal right to do what the contract promises; for example, one cannot sell whatone does not own.

You could argue that you bought it, so he didn't ahve the right to sell it...

Gillo

That's taken fom an American site so unless said kid also traded in WMD's it wouldn't be relevant here.

wyndham

No issue with his age and the price was fair.

If the console was €190 pre Christmas, chances are it has fallen in price so new price now may be €160-170, for arguments sake. Secondhand price would probably be in the region €100-€120 tops so €70 was a good price.

Try the parenting forum.

cathy01

no need for the parenting forum, its the consumer issue I felt was wrong.
I understand that that law , about minors is valid in Ireland.I also thought that terms and conditions should be shown to a person before they go into a contact such as selling the console.
Like I said they have no terms and conditions on their web site and nearly went through me when I questioned it.
cathy

Doctor DooM

cathy01 wrote: »

no need for the parenting forum, its the consumer issue I felt was wrong.
I understand that that law , about minors is valid in Ireland.I also thought that terms and conditions should be shown to a person before they go into a contact such as selling the console.
Like I said they have no terms and conditions on their web site and nearly went through me when I questioned it.
cathy

By this logic, you should also be shown terms and conditions before you buy a bar of chocolate.

Its the purchasers responsibility to know their rights, not the seller.

tbh

if the child can't be trusted not to flog the console first chance he's got, he shouldn't be left alone for long enough to do it. I know that's a perfect answer for a perfect world, but it serves to illustrate that it's not the shops fault. Saying that however, I'm put in mind of the time when an eight-year old tbh wanted spikes in his hair and the hairdresser wouldn't do it without a note from mammy.

So, should the shop have checked with the parents? Probably, although there is no obligation on them to do so.

dudara

Sorry to say this, but you need to talk to your son, and not try to apportion the blame onto the shop.

tvnutz

tbh wrote: »

if the child can't be trusted not to flog the console first chance he's got, he shouldn't be left alone for long enough to do it. I know that's a perfect answer for a perfect world, but it serves to illustrate that it's not the shops fault. Saying that however, I'm put in mind of the time when an eight-year old tbh wanted spikes in his hair and the hairdresser wouldn't do it without a note from mammy.

So, should the shop have checked with the parents? Probably, although there is no obligation on them to do so.

Bit of a difference between an 8 year old and 15 year old. Hairdressers would do what a 15 year old wanted and I would imagine a game trading shop would not take a console from an 8 year old without a parent. A teenager who is 15 and could possibly look at least 16 or 17,well then I see no reason why they wouldn't.

cathy01

emmm, just to say it was my friends son, not mine.
I think its the age thing.The legalits behind it.
Agreement with a minor.
Not displaying terms and conditions.

cathy

mickoneill30

What terms and conditions are you expecting? The kid was the seller. Is it not him that creates the T&C?
In any transaction I've ever been in the terms have been provided by the seller. The only condition the buyer normally has is to hand over the money.

If it was my kid he'd be getting the €120 value taken from his pocket money in installments so he could figure out the value of what he sold. Blaming the shop is not doing him any favours.

Actually what else I'd do is.

1: Go down to the shop with the kid and €70 and explain to them the situation. They don't owe you anything so don't mention T&Cs or get annoyed or threaten legal action (I used to work in a shop years ago and doing any of the above means that you'll get what the law says you're entitled to, which is usually less than you think). Most people are actually decent and will sell it back to you.
2: If they give it back to you, sell it on adverts.ie. Give the kid his €70.
3: Next time buy him a present that he can't sell. Like clothes. Kids love clothes

TheDriver

I agree with majority of posters here, the shop provided a service and the teen took the service and I am sure its one of their main sales.
I work with teens with ADHD etc and to be honest, it doesn't make them incompetent or incapable of dealing with shops etc so its got little bearing here, the boy is ungrateful about his Christmas Present and now his mother wants to backtrack. Approach the shop nicely but in reality, tough! Shop did nothing wrong and in fact, they must make sure the margin is enough to ensure repairs/warranties are covered if machine is out of warranty.

cathy01

Thanks all for the replies,
cathy

Musha

What if the Console had been stolen? Surely the Game Shop has some check to say that the property belonged to the Boy via receipt etc

Leaves themselves open to handeling stolen gear

Hitchhiker's Guide to...

Musha wrote: »

What if the Console had been stolen? Surely the Game Shop has some check to say that the property belonged to the Boy via receipt etc

Leaves themselves open to handeling stolen gear

i would have thought that this could be an opening issue you could use to try and reverse the deal. The kid surely wouldn't have had a receipt, so you could get them on that, maybe?

Also like the idea of going to the shop and saying that the kid has ADHD and asking them if they will reverse the transaction. This approach would involve being excessively nice to them.

cathy01

really the adhd shouldnt come into it.My point was more, taking candy from a baby type of thing.
wrong.
cathy