A game trading shop

Toto Wolfcastle

Ian Beale wrote: »

Its the same buying or selling and if your so sure that the shop did something illegal would you please post a link to the article of the law that states a child can not sell something.

Exactly, and if the child was selling wouldn't it be up to the child to set out the terms or the contract? Like the shops would if they were selling to you? (I could be completely wrong here!)

jhegarty

cathy01 wrote: »

law=contract with minor.child is a child.
Terms and conditions where asked for , by me, with the head office as non where viewable on their web site.I was told to send in a request in writeing.I asked could I speck to the person in relation to this and was told, she talks to noone over the phone, honestly every question I asked had to be relayed to her.

The law says that a contract can't be enforced against a minor .... not that a minor can't make a contract....

If this got to a court case the shop would have to give the console back , and the child would have to give the €70 back... but no laws where broken here....

T&Cs are only there to protect the shop , not you... there is no legal requirement for shops to have them...

Absolam

A minor (person under 18) may enter into a contract (ie sell goods to anyone including a shop). However, except in certain circumstances, the contract is not binding on the minor.
http://www.lawyer.ie/10steps/contract10s.htm (nice simple reference)

So realistically Cathy both parties were entitled to freely engage in the transaction, and the shop was under no obligation to do anything other than what they did. The only thing is if the child/his parents/guardians decide to change their minds, the contract is voided, which would not happen for someone over 18.

cathy01

hi, thanks for the link.
Cathy

Hanley

Ignoring the legalities of all this, I think it's ridiculous that the shop is being blamed for this. I know the boy has ADHD, but presumably if it was severe he would be under constant watch by his parents and not allowed out on his own.

He's 15, how close to 16 is he? I'm just asking because you said 16 was ok, so presumably you can mature enough in 300 odd days to form a binding contract?

I'm guessing that he does not want the console since he sold it, as a result he should not have it. Going and getting it back and returning it to him will only re-enforce the litigious attitude that is becoming only too prevelant in Ireland. "I did something wrong?? Not my fault... and I'll find a legal loophole to prove it!!". Basically by doing this, your friend is teaching him he is not responsible for his own actions.

In my opinion, while he might not have got a "good" deal, it was fair.

tbh

Hanley wrote: »

He's 15, how close to 16 is he? I'm just asking because you said 16 was ok, so presumably you can mature enough in 300 odd days to form a binding contract?

All other points aside, this is a completely irrelevant argument. You can be too young to drink one day, and completely legal the next. You can be too young to drive one day, and completely legal the next. You can be too young to enter into a contract at 23:59 one day, and yet one minute later, it's completely legal.

Hagar

I think the question is did the shop take advantage of the child in any way?
Did they pay him the same price that they would have paid an adult?
If they did pay the adult price, I don't think the shop did anything wrong. However if they took advantage of the innocence of a child in money matters that is another matter entirely and should be followed up by the parents.

Garth

I've worked in shops where teenagers were the primary consumers... and I've seen parents try and work it both ways -- coming in saying, "You have to return this, you've no right to sell a €200 whatever to a child" (as far as I'm concerned, a kid has €200, then the parents are ok with him spending it) and if you refuse to serve a very young child, you get the parent coming in demanding to know why you wouldn't serve the child (this only ever happened when the child was so young it was hard to know what he/she was asking for).

In fairness, the console was given to the child as a gift, so it's his. Imagine if he'd walked in there with mum's permission and been refused until an adult was with him? There'd be murder.

And I am ADHD myself. It doesn't make me incompetent to make my own choices in life. It just makes it harder to remember what they were. ;-)

cathy01

like I said already the ADHD doest come into it from where I was thinking anyway.
So, just want to make that crystal clear.

I know it works both ways.
I am just so angry for the person and the child.
Children are that...children they do things and regret it a few minutes later and no come back at all.
What annoyed me most, was the attitude that terms and conditions will only be given if requested in writing.

Toto Wolfcastle

cathy01 wrote: »

like I said already the ADHD doest come into it from where I was thinking anyway.
So, just want to make that crystal clear.

Then why bring up the fact that he has ADHD?

If my younger brother had sold a console like that at the age and my parents found out they would have taken the money off him.

In fact he sold his old soccer boots to a friend last week for ten euro and they made him give the money back.

It's a parenting issue, not an issue with the shop.

Another thing: Have the parents gotten in touch with shop about it or is it just you that's dealing with it? It really is none of your business, it's up to the parents to sort it if they believe the shop is in the wrong.

tbh

ah here, this forum is specifically for discussing issues like these..I agree with you about the fact that it's a parenting issue, but it's unfair to question the op's motives for posting.


IMO of course

Toto Wolfcastle

tbh wrote: »

ah here, this forum is specifically for discussing issues like these..I agree with you about the fact that it's a parenting issue, but it's unfair to question the op's motives for posting.


IMO of course

Oh of course she should post here, I was merely wondering if she should leave the contacting of the shop bit to the parents.

cathy01

well janey babe, what I do and why I do it ,is none of your business.
This forum is to post things like this for discussion.

to quote what I said
quote.
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 impulsiveness.

it was brought up to show that a level of impulsiveness was involved.

Poster have indicated that the shop where not at wrong, which I accept.
While I understand young people will do this, I think there should be some safeguards in place to prevent things like, young people selling on the goods without consent of an adult. They are my feelings on it.Perhaps not shared by the board but last time I looked , it is ok to think differently than others?
thanks again for the replies.
cathy

thefinalstage

cathy01 wrote: »

well janey babe, what I do and why I do it ,is none of your business.
This forum is to post things like this for discussion.

to quote what I said
quote.
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 impulsiveness.

it was brought up to show that a level of impulsiveness was involved.

Poster have indicated that the shop where not at wrong, which I accept.
While I understand young people will do this, I think there should be some safeguards in place to prevent things like, young people selling on the goods without consent of an adult. They are my feelings on it.Perhaps not shared by the board but last time I looked , it is ok to think differently than others?
thanks again for the replies.
cathy

Wow. Snippy aren't we? The console was the childs property. He sold it. The shop is now done with the issue and the parents should teach him what a gift means. He is obviously spoiled...

dudara

Behave everyone. dudara

Toto Wolfcastle

cathy01 wrote: »

well janey babe, what I do and why I do it ,is none of your business.
This forum is to post things like this for discussion.

to quote what I said
quote.
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 impulsiveness.

it was brought up to show that a level of impulsiveness was involved.

Poster have indicated that the shop where not at wrong, which I accept.
While I understand young people will do this, I think there should be some safeguards in place to prevent things like, young people selling on the goods without consent of an adult. They are my feelings on it.Perhaps not shared by the board but last time I looked , it is ok to think differently than others?
thanks again for the replies.
cathy

Of course you are entitled to your opinion, as am I. I was merely adding to the discussion on this discussionboard. That's the last I have to say on the matter as you have received your answer in previous posts.

BobTheBeat

Just to explore the point regarding the child possibly being paid below the going rate for the trade in, why not get an adult to ring the shop and ask them what they pay for a second hand version of the console? Its a longshot and chances are there was nothing underhand about the transaction. Moreover because the sale would have registered and moeny taken from the till to pay for the goods.

punchdrunk

hi guys,
I used to work for electronics boutique back before they became game
just to clear up a few things
we always had the customer sign a list of everything they traded in,to say it was their property,maybe this procedure has slipped?
anyway so much was traded in during the day that it would be impossible to check each one out (i.e to photo I.D the seller or,ring the folks to check it's ok with them etc)
we only ever questioned age when it came to selling games to kids,
i.e something violent like grand theft auto would require I.D
we were never told to check the age of kids trading in stuff,AFAIK we weren't required to by any law at the time either
every month we were sent a "trade in list" which was a fixed list of what something was worth and regardless of who the customer was,that was the deal they got

also keep in mind that when i worked in EB i was just gone 18, 15 year olds didn't seem like "kids" to me then,I had loads of friends a couple of years younger than me so the mental image that seems to have formed here of an adult exploiting a child could be very wide of the mark,the majority of our customers were lads from 15-20ish

ztoical

punchdrunk wrote: »

also keep in mind that when i worked in EB i was just gone 18, 15 year olds didn't seem like "kids" to me then,I had loads of friends a couple of years younger than me so the mental image that seems to have formed here of an adult exploiting a child could be very wide of the mark,the majority of our customers were lads from 15-20ish

+ 1 I know the Game near me most of the staff look very young. There's not as huge a gap between a 15 year old and an 17/18 year old.

Its a catch 22 here cus for every parent that screams at people for allowing their child to sell a game you'll have another parent yelling at you if you refuse. I never worked in Game but I worked in Easons and had parents yell at me for selling magazines to their kids [the one I remember was the 15 year old who got cosmo and her mum dragging her back in and giving out stink to me for selling an "adult" magazine to her child] and had parents yell at me for not selling magazines [we were told not to sell some of the car mags to kids if they didn't have their parents with them and I had one mother go mad that she had to be dragged out of boots to come in and stand there while I rang the magazine up] Honestly you can't win.

B00MSTICK

Ths thread is a joke. The shop in no way (to our knowledge anyway) took advantage of the "child". The console was his property. He can do whatever he likes with it. He obvously didnt want it and thought 70 was a good deal. His parents don't like it, too bad, nothing to do with the shop

When I was his age I was buying/selling/trading using the buy and sell, what stops him/scumbag who stole a truck full of DSes putting it for sale there? The trade in value is crap anyway so if he put it up there for 70 im sure itd get snapped up in a second. I've never been asked for a receipt or proof of purchase unless it still had warranty.

He's a teenager by the way, a young adult if you will, Junior cert in school maybe? Hes not a kid, or stupid. Hes probably saving for a PS3 or 360 I'd imagine.

Zapp Brannigan

I work in a game shop and everytime someone wants to trade in items for cash we have to have photo ID presented so that a) we know the person is over 18 yrs of age, and b) if the items are stolen we have that person's details and they can be given to the Gardai.
I don't think the shop is at fault here, but there trade in policy is a bit dodgy to give cash out to anyone.

At least the OP's friend will have learned a lesson from this and won't see it happen again.

roadruner

As others have said here, shops want a profit, mostly they don't care if you have ADHD, two heads or whatever they'll buy the items for a low price.
A 15 yro kid could've stole it that's up to the shop to decide whether they want to risk it or not, chances are the item was sold fairly fast anyway so they took a gamble and took the item.

Granted he is a young lad and an ungrateful little git, but thats just the way things are, you could try naming and shaming the shop but it will probably happen somewhere else.

I.D should be asked for just as a guarantee if nothing else
IMO

foggy_lad

does it not boil down to knowing where your children are and what they are getting up to?

parents are often surprised to find their chiildren have done things which appear to be totally out of character and try to blame others as they have been too busy to notice their son/daughter getting caught up in trouble or hangin around with the wrong peer group etc