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Am I entitled to a refund?

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  • 18-11-2008 11:31pm
    #1
    Registered Users Posts: 634 ✭✭✭


    Given that the game as it is doesn't actually work, I'm considering bringing it back. Ive had it 5 days now, and am gone crazy refreshing the SI forum for mac users waiting for their patch(which is up as far as 100,000 views already). Does it qualify for a refund, I remember something about 'fit for the purpose'.


Comments

  • Closed Accounts Posts: 8,983 ✭✭✭leninbenjamin


    it depends. if the game wouldn't let you register, it means the product you bought wasn't fit for purpose and you are entitled to a full refund or replacement. if it's just a case of not having the patch then I don't think so.

    http://www.consumerassociation.ie/rights_knowrights.html


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    I'm running it on a mac and it works fine, don't see the problem

    Though I haven't been trying to download any patches, is there a need?


  • Registered Users Posts: 2,567 ✭✭✭daveharnett


    pierrot wrote: »
    Does it qualify for a refund, I remember something about 'fit for the purpose'.
    Not too sure. Standard EULAs will say that the software is not guaranteed to be fit for any purpose. Irish consumer law might or might not override that, depending on the wording.

    That said, the retailer will probably take it back if they think you are prepared to make an issue of it.


  • Closed Accounts Posts: 8,983 ✭✭✭leninbenjamin


    Not too sure. Standard EULAs will say that the software is not guaranteed to be fit for any purpose. Irish consumer law might or might not override that, depending on the wording.

    if the goods sold fall under the remit of the Sale of Goods and Supply of Services Act 1980, then it doesn't matter what get out clauses the retailers may try to include, they are overridden by the act. The key thing about it though, is that it's up to the retailer, not the manufacturer, to bear responsibility to the consumer if the goods are faulty etc. so SI can write whatever sh*t they want as the EULA, but HMV/Game or whoever would have to take up the slack if there's a fault I believe. That's every single interpretation of the act that i've ever seen (but i'm not a student of law or anything so the chances I'm wrong are probably fairly high :D).

    one of the things I've forgotten though is that the retailer has the right to decide whether to repair, replace or refund. dunno how this applies to say design faults as appears to be the cause of the problem for some with FM09.


  • Registered Users Posts: 634 ✭✭✭pierrot


    tbh, i just want it sorted one way or another, people are up in arms over on the sports interactive forum


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  • Closed Accounts Posts: 2,457 ✭✭✭Cactus Col


    If your computer meets the specs, and the game doesn't work, and there's no sign of a patch coming to sort things out any time soon, I'd bring it back and pretty much demand a refund.

    Obviously the shop can't repair the product, and there's no point in replacing it with another copy of the game, so refund is the only way to go.

    Wait til SI have the problems sorted, then buy it.

    I know some of the stores try to cover themselves by telling people they won't take a pc game back (not sure what story is with macs), but if the games isn't working, then they have to.

    After trying for hours to get the game going on friday night I was almost resigned to going in on the saturday and fighting for my money back.


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