Entitlements

mccartj5

Hi,

I received a Playstation 3 as a gift for Xmas. It now seems that the laser is gone and it needs to be replaced. I have been on to Sony and they said deal with the Gamestop where it was purchased as there is a 1 year warranty on it.

Thats fine and I have the receipt. What I was wondering before I go in is whether I can demand a new Playstation or will I have to settle for a repair or a second-hand one?

Has this happened to anybody with a Playstation from Gamestop?

Thanks in advance.

Nody

mccartj5 wrote: »

Thats fine and I have the receipt. What I was wondering before I go in is whether I can demand a new Playstation or will I have to settle for a repair or a second-hand one?

You can demand a new one but it is their choice on repair/replace/refund.

Sam Vimes

i think what nody means to say is that you can demand a new one in the same way you can demand they do hand stands for you. you can demand anything you want but they don't have to listen to you.

you are entitled to a refund, repair or replacement at the retailers discretion, ie they decide which one you get. they will most likely send it off for repair.

of course if you're unhappy with their remedy you can take them to the small claims court which costs €9. But if you take them to court without giving them a chance to repair it you will almost certainly lose

foggy_lad

also if you go to court you will have to perjure yourself by claiming you bought it as you do not have the normal cunsumer rights having recieved the item as a gift!

Cabaal

Its repair/replace/refund which is their choice not yours,

Sam Vimes

foggy_lad wrote: »

also if you go to court you will have to perjure yourself by claiming you bought it as you do not have the normal cunsumer rights having recieved the item as a gift!

this is really irrelevant but i don't think you take an oath in the small claims court so it's not actually perjury

eth0_

foggy_lad wrote: »

also if you go to court you will have to perjure yourself by claiming you bought it as you do not have the normal cunsumer rights having recieved the item as a gift!

I don't think that's true, he has a receipt for it.

Guy:Incognito

eth0_ wrote: »

I don't think that's true, he has a receipt for it.

Doesnt matter. The contract was between the shop and person who bought it, not the person who recieves it as a gift.

Sam Vimes

Stekelly wrote: »

Doesnt matter. The contract was between the shop and person who bought it, not the person who recieves it as a gift.

this is true

foggy_lad

http://www.consumerconnect.ie/eng/Get_Your_Rights/Shopping/Returning_Goods/What%20To%20Do.html

http://www.consumerconnect.ie/eng/Get_Your_Rights/Shopping/Electrical_Products/What%20To%20Do.html

you may be entitled to a repair replacement or refund from the manufacturer but the retailer is under no obligation to do anything as you did not buy from them!

Sam Vimes

foggy_lad wrote: »

http://www.consumerconnect.ie/eng/Get_Your_Rights/Shopping/Returning_Goods/What%20To%20Do.html

http://www.consumerconnect.ie/eng/Get_Your_Rights/Shopping/Electrical_Products/What%20To%20Do.html

you may be entitled to a repair replacement or refund from the manufacturer but the retailer is under no obligation to do anything as you did not buy from them!

officially he isn't entitled to anything because it was a gift but i really don't think that will matter in practice since he has the receipt

foggy_lad

the contract of sale is between the buyer and seller and does not cover items given as gifts! but if the op wants to say nothing about it being a gift then the seller will help out but they might also check back to credit card receipts etc to chech the op is the actual purchaser.

Sam Vimes

foggy_lad wrote: »

the contract of sale is between the buyer and seller and does not cover items given as gifts! but if the op wants to say nothing about it being a gift then the seller will help out but they might also check back to credit card receipts etc to chech the op is the actual purchaser.

yes that is possible but so incredibly unlikely that it's not really worth mentioning. And even if they did, it's even more unlikely again that they'd insist that the OP drag the original purchaser into the store. i really don't think it makes a difference to them whether peter or paul is holding the receipt when they take it back

of course i could be wrong and the OP could come across the person who holds the record for the world's saddest individual

Cabaal

foggy_lad wrote: »

the contract of sale is between the buyer and seller and does not cover items given as gifts! but if the op wants to say nothing about it being a gift then the seller will help out but they might also check back to credit card receipts etc to chech the op is the actual purchaser.

I highly doubt they'll bother doing this if the op has the receipt the vast majority of retailers wouldn't look for anyone else, just don't mention it was a pr5esent I guess

Gillo

Sunny day, sitting out in my back garden tanning up and drinking coffee, oh I love it when we got bogged down in consumer law.:rolleyes:

Chances are considering the age, it'll be repaired. It's possible Sony swap them our for reconditioned ones, which in my opinion is just as good if not better than getting yours repaired as it's faster.

Do let us know how you get on.

ruprect

Sam Vimes wrote: »

officially he isn't entitled to anything because it was a gift but i really don't think that will matter in practice since he has the receipt

That is a bizarre law, is there any reason behind it?

A dodgy car dealer could sell me a dud car for €50,000 then invest €10,000 for a hitman to take me out on the way home and my family have no comeback!

alexmcred

Back to the Ops original question. If the item failed in the first thirty days they would replace it with a new one. Given the age of your one they will give you a factory refurbished one. Which is as good as new.

Sam Vimes

ruprect wrote: »

That is a bizarre law, is there any reason behind it?

A dodgy car dealer could sell me a dud car for €50,000 then invest €10,000 for a hitman to take me out on the way home and my family have no comeback!

it's not really a bizarre law tbh. when you buy something you and the seller have a contract. if you then give the item to someone else (or sell it to them), you now have a contract with the person you gave (or sold) it to.

the shop hasn't entered into any contract with the person you gave the item to so they officially don't have to do anything for them. it would be very rare for shops to enforce the law though and you'll find that a lot of shops do gift receipts which don't have the price on them specifically so people who get items as gifts can get the same entitlements as the purchaser

also, i don't think they were considering hitmen when they thought of the law

mccartj5

Thanks for the replies, some interesting posts indeed.

I will expect a refurb eventually so, I won't mention it was a gift and the transaction was cash so they won't be able to check credit card records.

I will keep you all posted on the outcome if I ever get up there.

ruprect

Sam Vimes wrote: »

it's not really a bizarre law tbh. when you buy something you and the seller have a contract. if you then give the item to someone else (or sell it to them), you now have a contract with the person you gave (or sold) it to

I have never been asked for any identification when buying stuff, that is why I thought it strange, they will have no real proof who a buyer is who pays in cash. I would have thought the law would have referred to "the receipt holder", or something.

you'll find that a lot of shops do gift receipts which don't have the price on them specifically so people who get items as gifts can get the same entitlements as the purchaser

I would have thought the intention is not to show how much the item cost, like people removing pricetags from gifts. Is there some legal info on these gift receipts that gives them full entitlements?

i don't think they were considering hitmen when they thought of the law

maybe not but they should have taken into consideration people giving presents with receipts. I imagine baby clothes shops could make a killing if they were to do this, but obviously would get a bad rep!

Sam Vimes

ruprect wrote: »

I have never been asked for any identification when buying stuff, that is why I thought it strange, they will have no real proof who a buyer is who pays in cash. I would have thought the law would have referred to "the receipt holder", or something.

like i was saying, it's officially the law but i've never seen it enforced.

ruprect wrote: »

I would have thought the intention is not to show how much the item cost, like people removing pricetags from gifts. Is there some legal info on these gift receipts that gives them full entitlements?

no, it's not a legal thing. my point was that they give a special kind of receipt just for gifts, so they're explicitly allowing gift receivers to have the same rights as a purchaser even though they don't have to

ruprect wrote: »

maybe not but they should have taken into consideration people giving presents with receipts. I imagine baby clothes shops could make a killing if they were to do this, but obviously would get a bad rep!

well they do. when a relative dies you inherit their debts, for example if repayments were owed on a car when the purchaser died, the company would pursue the relatives so it's logical to assume that the relatives would get the warranty entitlements too

mccartj5

Ok just to keep people up to date.

Went into Gamestop yesterday evening and told them the problem, the guy set it up on their telly to check, once that was done I was expecting him to take it off me and tell me it would be sent back to sony, but no. He went in the back brought out a brand new one and gave me the console out of that, happy days.

So that couldn't have gone any better, pleasure dealing with them.