Refused refund from Xtravision

LFC Murphy

Hi,

Got a kids dvd yesterday, was scratched and could watch it, so the kid went back and was given a replacement. 10 minutes after starting to watch it I was called because it was skipping again. I took the disc out and it was badly scratched.

I went to the shop myself and asked for a refund but was told that they dont offer refunds , only store credit. I asked for the manager, not there at the time. I took the disc back as proof.

However my question is, I'm right to assume, under the terms of the "Sale of good, and supply of services Act" that I'm entitled to a replace, repair, refund.

I'm gonna go back tomorrow.

Thanks

efb

yes, not fit for purpose

Mr. Incognito

Sale of Goods and supply of services act 1982 as amended 1998:

Goods sold or rented must be:

Fit for the purposes intended
As described
Conform to sample and
of Merchantable quality

Learned that off years ago

Bring back the receipt. If it's a used CD and marked as such (i.e ex rental sales) you probably have no comeback though.

jor el

SetantaL wrote: »

If it's a used CD and marked as such (i.e ex rental sales) you probably have no comeback though.

Not so. If a business sells an item, it must be of merchantable quality and suitable for it's intended purpose. A scratched disc, that won't play, is neither of these things. Even if it's marked as ex-rental, doesn't mean you get nothing, it just means you're not entitled to a brand new one as replacement. If they have another ex-rental, that would do, otherwise a refund is in order.

LFC Murphy

Thought so......... thanks

omb0wyn5ehpij9

jor el wrote: »

Not so. If a business sells an item, it must be of merchantable quality and suitable for it's intended purpose. A scratched disc, that won't play, is neither of these things. Even if it's marked as ex-rental, doesn't mean you get nothing, it just means you're not entitled to a brand new one as replacement. If they have another ex-rental, that would do, otherwise a refund is in order.

+1, spot on

viv2

I dont think you get to choose which of the 3 r's (replace,refund,repair) you get.Its the store that choose and if they offered a replacement they have done all they have to do.

Kensington

Why not take the replacement and before you leave the store, check it is in perfect condition? It would be very odd that two (and most certainly three) of the same discs would be scratched (other than by a mechanical fault in your player).

Sam Vimes

it might end up with you compensating them for damaging their discs with your dodgy player

but as people have said, they're within their rights to offer a replacement in this case

afaik it's illegal to say they don't do refunds though. I don't mean you're entitled to one here, just saying i don't think they're allowed never give them

javaboy

viv2 wrote: »

I dont think you get to choose which of the 3 r's (replace,refund,repair) you get.Its the store that choose and if they offered a replacement they have done all they have to do.

Sam Vimes wrote: »

but as people have said, they're within their rights to offer a replacement in this case

But if you're renting a DVD, you presumably want to watch it that night right? And if it's a children's DVD, you don't want to have them up all night watching it. So if you have had to make two extra trips to Xtravision to return it, then you've lost a good chunk of valuable time.

The way I'd look at it is you paid to rent a movie from a certain time. They failed to provide that service. They then provided you with a replacement which is also not working. Essentially they can't provide you with what you originally paid for i.e. rental from time X until the designated return time because they've wasted your time so you should really get a refund.

I doubt much of my rambling would have any legal standing but it would be unwise for them not to refund you in this case imo.

viv2

javaboy wrote: »

But if you're renting a DVD, you presumably want to watch it that night right? And if it's a children's DVD, you don't want to have them up all night watching it. So if you have had to make two extra trips to Xtravision to return it, then you've lost a good chunk of valuable time.

I thought he bought a dvd?

Gillo

viv2 wrote: »

I thought he bought a dvd?

No the OP said that he got a DVD, I assumed he rented it, either way considering the replacement which he got was also faulty (assuming it's not his DVD player) I'd expect him to get a refund although unfortunately it's then choice of xtra-vision.

LFC Murphy

I rented the dvd.

the_syco

Kensington wrote: »

Why not take the replacement and before you leave the store, check it is in perfect condition? It would be very odd that two (and most certainly three) of the same discs would be scratched (other than by a mechanical fault in your player).

Agreed. Sounds like the OPs player may be at fault.

LFC Murphy

Our DVD players is not at fault............ The quality of the product/service provided by the company is the issue.

Gillo

So it will play all other DVD's perfectly?

Kensington

LFC Murphy wrote: »

I rented the dvd.

I assumed you bought the DVD, apologies. In this case, it's probably up to xtravision what form of recourse they give, as it's going to be your word against theirs as to how two of the same DVDs were rendered unplayable due to scratches - may well be easier to take a credit to your account and use it in the future.

FWIW, I always check rental discs before I even leave the counter of the store. That way, it removes any chance of blame being placed on yourself should you find the discs scratched when you go to play them...

javaboy

Kensington wrote: »

FWIW, I always check rental discs before I even leave the counter of the store. That way, it removes any chance of blame being placed on yourself should you find the discs scratched when you go to play them...

Funnily enough, I never used to do this. The other day I brought back Forgetting Sarah Marshall and rented two new DVDs. I don't know why because I never normally do it but I decided to check the discs and lo and behold there was Sarah Marshall where Vantage Point should have been.

I went back in and explained it so the guy says "oops. Sorry" and hands me back the Vantage Point box with a different copy of Forgetting Sarah Marshall in it. :rolleyes:

Now I check them every time.

axer

OP you have the right to ask for a refund. You were reasonable in that you gave the store a chance to rectify the problem but they did not do so properly. Of course the store can still say no at which point you would have to take it further i.e. small claims court in order to get your refund.

TerrorFirmer

Went into Xtra Vision in Oranmore once and they refused to give me either a refund or even another movie when the one I rented was scratched so badly it wouldn't play - total ****. OK store in general but an ape from the jungle would be a better worker then some of their staff. One in particular.

Kensington

axer wrote: »

at which point you would have to take it further i.e. small claims court in order to get your refund.

€15 to the SCC for a ~€5 refund? Right...

axer

Kensington wrote: »

€15 to the SCC for a ~€5 refund? Right...

Exactly my point i.e. just because the OP have the right to a refund doesnt mean that the store cannot say no after that the only option for the OP is the small claims court to enforce those rights which will work out more expensive.

Gillo

Kensington wrote: »

€15 to the SCC for a ~€5 refund? Right...

Ah but it's the principle of it don't you listen to Joe Duffy.

SoupyNorman

I believe the main reason for the mass frustration that XV causes customers over issues that can be very easily resolved is the fact that managers in 90% of stores dont work past 6pm or weekends.

Staff are instructed that they cant...(among other things)

Refund Cash
Accept ANY issue related to phones
Deal with Console exchanges/repairs

...without a manager/ senior sales rep present.

This more or less gives staff leave to basically shrug their shoulders when fairly calm customers enter and leave with steam geyser-ing from their ears.

However, there is many an employee in XV (and other establishments) who just want to be horses asses for no other reason that they are just jerks (*stop that Mr Simpson*). In all my 3years in XV I dont think I ever had a customer returning a damaged rental and not accepting a replacement or a rental credited to their account.


My view on the matter, which I conveyed to customers was that we've 3000+ DVD's for rental and it's an impossible task to ensure they were fault free. There is a pretty basic system where a disc has a two complaints and its out rule but it involves paperwork and most employees dont do it. Also DVD's by design are not suited to the rental market in terms of durability and ESPECIALLY the kids DVD's, the state of some DVD's that came back was hilarious, covered in Jam, Muck, and one that came back covered in Cement!


Hopefully I've conveyed empathy here and defended XV a little as the thread has Given XV a little bit of a raw deal (especially over the confusion over whether it was a rental or Retail)


All I can say to the OP is take your rental credit, its perfectly fair (if you dont think so ask for 2 credits for the inconvenience), or save yourself the stress and just dont use the service.

PeteK*

Sam Vimes wrote: »

afaik it's illegal to say they don't do refunds though. I don't mean you're entitled to one here, just saying i don't think they're allowed never give them

Is that the case with items on Sale?

''No Refund On Sale Items'' ( Or returns or something )

I remember reading on our Business Studies book at school that they can not say that.

oleras

bravestarr082 wrote: »

........ and ESPECIALLY the kids DVD's, the state of some DVD's that came back was hilarious, covered in Jam, Muck, and one that came back covered in Cement!

Was it "Bob the Builder" by any chance.........? :pac:

Oh , almost forgot.....look to speak to a manager the next time OP.

Kensington

Chatmaster wrote: »

Is that the case with items on Sale?

''No Refund On Sale Items'' ( Or returns or something )

I remember reading on our Business Studies book at school that they can not say that.

ANY sign stating "No Refunds" is illegal unless it also has "This does not affect your statuatory rights" included somewhere on that sign.

PeteK*

Kensington wrote: »

ANY sign stating "No Refunds" is illegal unless it also has "This does not affect your statuatory rights" included somewhere on that sign.

What exactly does that mean?

It doesn't affect those rights?

Doctor DooM

Chatmaster wrote: »

What exactly does that mean?

It doesn't affect those rights?

Your stuatory rights on an item sold at retail include the right to request a remedy (return, refund or exchange) on an item which is not of merchantable quality or as described within a reasonable period of time.

If you think some of those terms are rather nebulous, yes they are.

Kensington

Chatmaster wrote: »

What exactly does that mean?

It doesn't affect those rights?

It means your rights to a refund, when you are entitled to one, aren't affected under the Sale Of Goods and Supply Of Services Act 1980. A shop can't say No Refunds - end of, because a customer may be entitled, by Law, to a Refund due to a faulty product. A lot of shops do place up "No Refund" signs though because what many people don't seem to realise is that if you've simply changed your mind about a product, or you went out and bought the wrong thing, you don't have any rights whatsoever under the SOG&SOS act for a refund (or anything, for that matter). Likewise, if you buy Ex-Display items or B Grade stock and any defects, damage etc. has been pointed out to you at time of sale, you're not entitled to a refund either.

PeteK*

SDooM wrote: »

Your stuatory rights on an item sold at retail include the right to request a remedy (return, refund or exchange) on an item which is not of merchantable quality or as described within a reasonable period of time.

If you think some of those terms are rather nebulous, yes they are.

Lol so the sign says: No returns and under it says: This does not affect your statuatory rights


And for people who understand it, it reads:

No Returns
Ignore the above :pac:

Kensington wrote: »

Likewise, if you buy Ex-Display items or B Grade stock and any defects, damage etc. has been pointed out to you at time of sale, you're not entitled to a refund either.

But obviously you have to be told it's Ex-Display or B Grade? I only ever saw B-Grade on Maplins website.