Bringing something broken back the same day

thenightrider

Hi i bought a Nintendo DS today as a present i decided to charge it up so there would be power in it and they could use it as soon as i gave it to them

When i powered it on only one of the screens came on i have tried it a few times and all i get from the top screen is static

I will be bringing it back later on tomorrow latest i don't want an other one and just want my money back as if it can break in the box in the shop or in transport how long is one going to last when in everyday use

Will i be able to just get my money back as i no they are just going to try give me an other ds

foggy_lad

thenightrider wrote: »

Hi i bought a Nintendo DS today as a present i decided to charge it up so there would be power in it and they could use it as soon as i gave it to them

When i powered it on only one of the screens came on i have tried it a few times and all i get from the top screen is static

I will be bringing it back later on tomorrow latest i don't want an other one and just want my money back as if it can break in the box in the shop or in transport how long is one going to last when in everyday use

Will i be able to just get my money back as i no they are just going to try give me an other ds

you can ask if they will allow you have a refund but generally shops have to be allowed replace and repair before refunding. you should be given a replacement if they do not refund you.

jhegarty

It will be a replacement , repair or refund...

It's at the shops choice which one , but I wouldn't accept a repair on a doa item....

rubadub

This has come up a few times recently, and I am still pretty certain you can get/demand a full refund on goods broken from the start. Not sure how you would prove such a thing but I have often gotten full refunds without having to try hard (i.e. I do not kick up a fuss, it is offered). Maybe it is just shop policy, but I am almost certain I saw it brought into law maybe 5+ years ago.

if it can break in the box in the shop or in transport how long is one going to last when in everyday use

Don't know if DS's have a particularly bad rep of breakage.

jor el

Normally, if you bring it back on the same day, a replacement would be no problem. Some shops won't question a refund in that case either. However, if they do start to question the refund, there's not a lot you can do to force their hand, unfortunately.

You probably just got a one off dud, and the DS is generally very sturdy. I'd go with a replacement, unless you have ideas for an alternate present that you are set on now.

darc

rubadub wrote: »

and I am still pretty certain you can get/demand a full refund on goods broken from the start.

Complete and utter rubbish! - And its this type of mis guided comment that gets people all in a bother in a shop shouting they know their rights when in fact they have no clue.

It is at the shops discretion whether to offer a replacement or refund. If you approach it in the right way, the shop may give a refund, but legally the shop must either replace it, repair it to the original condition or make a refund.

eth0_

DS's are pretty sturdy, i've had mine 2 years and it works perfectly, have lots of friends with DS' too and they've had no issues.

I think it was just bad luck that the one the OP got was faulty!

rubadub

darc wrote: »

Complete and utter rubbish!

Well the way I wrote it was inviting it to be corrected. It is what I had heard somewhere, I remember wherever I heard it (think a TV program) some retailer saying what is to stop people rebuying already broken goods and claiming them to be broken on purchase. Thats why I asked "Not sure how you would prove such a thing".

I have always been offered a full refund without asking when returning goods broken on purchase, must be just those shops policy.

eth0_

A lot will replace or refund if it's a 'DOA' (dead on arrival) if you return it within a day or two. But it's at the store managers discretion.

projectmayhem

Within 28 days you'll probably get an exchange, especially after 1 day. No harm in asking for a refund but I imagine the store (whoever they may be) will have a policy against this.

Welease

darc wrote: »

Complete and utter rubbish! - And its this type of mis guided comment that gets people all in a bother in a shop shouting they know their rights when in fact they have no clue.

It is at the shops discretion whether to offer a replacement or refund. If you approach it in the right way, the shop may give a refund, but legally the shop must either replace it, repair it to the original condition or make a refund.

You are correct on the options available.. but it is not solely at the shops discretion (and I only found this out recently myself).. legislation does not dictate who decides which course of action to follow. If you don't agree with the shops proposed resolution, you can take it to court.

http://www.consumerconnect.ie/eng/Learning_Zone/FAQs/Faulty_goods/

Quote

Q1. What are my rights in respect of faulty goods?

The Sale of Goods and Supply of Services Act, 1980 gives legal rights to consumers in their dealings with retailers and service suppliers. The Act empowers consumers to take action for themselves. Most issues under the Act are civil legal matters to be dealt with between the parties to the contract.
Under the Act, goods should be:

• Of merchantable quality - the goods are of an acceptable standard
• As described - false or exaggerated claims must not be made by the seller
• Fit for intended purpose - be fit for the purpose they were bought for
• Correspond to the sample

Where goods do not conform to the above criteria, you are entitled under the Act to seek a repair, replacement or a refund.
The legislation does not specify whether it is the retailer/supplier or the customer who chooses the form of redress to be offered.
However, if a repair is offered and accepted, then it should be permanent. If not, and the same fault occurs again, then the buyer is entitled to seek another form of redress from the list.
You can also reject the retailer/supplier's offer if you wish to seek another form of redress. If you do, you may have to take the matter to the courts to have it resolved.



Hope this helps .... Rgds Welease.

Kintarō Hattori

thenightrider wrote: »

...Will i be able to just get my money back as i no they are just going to try give me an other ds

You went in there to buy a DS so why wouldn't you accept another?

tallaghtoutlaws

thenightrider wrote: »

Hi i bought a Nintendo DS today as a present i decided to charge it up so there would be power in it and they could use it as soon as i gave it to them

When i powered it on only one of the screens came on i have tried it a few times and all i get from the top screen is static

I will be bringing it back later on tomorrow latest i don't want an other one and just want my money back as if it can break in the box in the shop or in transport how long is one going to last when in everyday use

Will i be able to just get my money back as i no they are just going to try give me an other ds

We have one in the house and the godson has one and my other cousin has in fact there are alot of them in the family owned by all the younger generation and not one of them is broken. I think you are being a tad silly, What makes you think it broke in transport? It probably didn't work as soon as it came off the assembly line. These things happen on mass produced items. Always the odd few faulty ones. Take the replacement and show a little faith I bet the person you bought it for will be delighted with it.

darc

rubadub wrote: »

Well the way I wrote it was inviting it to be corrected. It is what I had heard somewhere, I remember wherever I heard it (think a TV program) some retailer saying what is to stop people rebuying already broken goods and claiming them to be broken on purchase. Thats why I asked "Not sure how you would prove such a thing".

I have always been offered a full refund without asking when returning goods broken on purchase, must be just those shops policy.

Probably because you went in with the right attitude.

The problem with telling someone they have a right to a refund is that some people then have a case of over righteousness and demand all sorts in a provocative manner. (I've even seen people say that "by law they are entitled to compensation for having to travel back to the shop")

The retailer never wants to see this person again and therefore will not want to give a refund.

If someone approaches in a friendly way and explains in a normal level of voice their problem, then it is very likely that the retailer will do everything over and above what is said in law. Becasue this is the customer the retailer wants to see back the following week.

e.g. Rant & rave & the retailer will do feck all. Respect the retailer in the same way you want to be respected and you'll find it works to your advantage everytime.


- Unfortunately there is the odd retailer who doesn't give a s&%t same way as there is always the odd assh*le customer.

Gillo

darc wrote: »

If someone approaches in a friendly way and explains in a normal level of voice their problem, then it is very likely that the retailer will do everything over and above what is said in law. Becasue this is the customer the retailer wants to see back the following week.

e.g. Rant & rave & the retailer will do feck all. Respect the retailer in the same way you want to be respected and you'll find it works to your advantage everytime.

Very true, I've also found the same approach works with nearly bouncer I've met over the years.

back to the DS, as with the other guys my seven year old has knocked her's all over the place, the casing is a bit shabby bit still works perfectly get it exchanged OP, maybe even ask them to check it in the store if you are still worried.

dudara

In my experience, DS are pretty sturdy, it just appears that you got unlucky. I wouldn't hold it against Nintendo.

You are entitled to repair, replace or refund, at the shops discretion.

Musha

We have had 4 DS in two year, first one took a nose dive of the couch and the hinge broke it worked for a few more months but then had to be replaced
First one number two (bought two for christmas presents) one of the buttons stopped working brought it back to Gamestop (wonderful staff in Parkway in Limerick) replaced it straight away no questions or receipt but the manager knew I had bought it there the previous christmas along with a fistful of games.
The replacements are still going great and are in daily use. 2 years later.

thenightrider

Ok i went in to xtra-vision last night said ill just get a new one prob just bad luck with the one i got

last night in the shop for about 30 min the guy was ringing people checking the ds etc he then told me to come in today when there was a manager in

Today i go in same deal then i was put on the phone to the district manager he said he was refusing to exchange it as there was marks on it and the shoulder button was sticking and he was told it looked more then a day old he said he did not believe it was the same machine i had bought the day before when i asked for his name he would not give it to me he just told me his first name

I told him that it marks very easy as i could see the thing getting covered in finger prints as the staff has handling it i told him that in was the machine he said i had no way to prove it and it looked used to them.

I then asked if they could check the serial number he then tried to say there was no serial number on a Nintendo ds i sayed there is one on the back of it and if they checked there stock that it should match up with what ever ones they have eg if my serial is 12345 they should have 123457 or 12344 something very close he just point blank refused to check it

I then went down to gamestop and they had a look at it and said they dont see why it should not be taken back and before i said it he said about the serail numbers that they should be able to check it that way so they gave me a number to call for the consumer afairs but all they said was id have to take it to the small claims but they were just reading from a computer screen what your rights are etc


IM SO MAD :mad:
What would should i do next i just fell like breaking something :mad:

Musha

:eek: So what if it has been used the product was not fit for purpose and you have a receipt, I would check with Nintendo on the date of manufacture this should clarify if it is still in warranty and they will have no option to replace it. Get a email or fax copy or take it to Blockbuster head office.

thenightrider

Musha wrote: »

:eek: So what if it has been used the product was not fit for purpose and you have a receipt, I would check with Nintendo on the date of manufacture this should clarify if it is still in warranty and they will have no option to replace it. Get a email or fax copy or take it to Blockbuster head office.

Was on to Nintendo very nice people told me that my console was only manufactured in the last few weeks tried getting in touch with xtra-vision head office was told that customer support were still there but it just keeps ringing out when im transferred to customer support

Id arrive up at there head office if i tought it could do any good

foggy_lad

go for it and bring a placard with you and protest outside! xtravision are the pits when trying to get items repaired or replaced and they do not give refunds. they have your money and are not interested in your statutory rights at all once the till closes!

wmpdd3

Strange that Nintendo didn't get you to send it in to them for a replacement. Might seem like hassel but its a replacement.

thenightrider

Nintendo said i can send it to them but that i should try the shop again as for the frist 28 days the shop has to give me a refund or replacement they jsut said it would be quicker with the shop but if i get no joy from them they will sort me out but it takes a while posting etc

mickoneill30

The National Consumer Agency has a form on their page to make a complaint about a retailer. I'd give that a try.

http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

Even if you get it resolved with Xtravision or Nintendo you should fill that in now. If it's resolved and they contact you, you can let them know. If it's not maybe they can be doing something to help you. You should not have to send a day old product back to Nintendo to get it fixed. Your contract is between you and Xtravision. Fair enough Nintendo might fix it but are you guaranteed to have it back before Christmas and who has to pay for the postage?

Thanks for posting this experience here. I was about to head down to my local Xtravision during the weekend for a 360. I think I'll go to Game instead. What a crappy service.

sharkDawg

I dont know something smells a bit fishy about this whole thing.

1. I dont think i've ever heard of a DS not working or even breaking where it wasnt the persons own fault (cracked hinges, broken screens was dropped etc)

2. The OP buys and sells faulty consoles (Heres a wanted ad on adverts here and a link for him selling one). I'd imagine there is very few people who buy faulty consoles in Ireland, what are the odds of one of them getting a faulty DS brand new.

3. The shop said the console doesnt look new, this may or may not be true, if it is true it seems strange that the op would let something that he only took out to charge before giving as a present get it poor condition after only a few hours

4. In the first post the OP says

Will i be able to just get my money back as i no they are just going to try give me an other ds

As Kintarō Hattori pointed out , that sounds strange to me?

5. Op goes on about the serial number of the console, which would seem like a decent argument against all of my above points seeing as it has to be the same console he bought right? Well not really, the serial number is on a sticker on the back of the DS, im sure that its possible to remove the sticker from one and put it on the other. A more plausable explenation is that a there could be two DS. A broken one and a new one, both the same colour. The back panal of the new one could be removed (6 screw, 2 minute job) and put on the broken one. The broken one would now have the serial number of the new one.

Correct me if im wrong but it sounds like a scam to me

Sam Vimes

thenightrider wrote: »

Today i go in same deal then i was put on the phone to the district manager he said he was refusing to exchange it as there was marks on it and the shoulder button was sticking and he was told it looked more then a day old he said he did not believe it was the same machine i had bought the day before when i asked for his name he would not give it to me he just told me his first name

it's not up to him to believe you or not. if it is the same console.

i wouldn't deal with that..... guy anymore. what you should do now is make a formal complaint to their head office at Greenhills Road, Tallaght, Dublin 24. mention his name in the complaint and don't worry about not having his surname. there'd be only one district manager. and of course again request a replacement in the complain

if that gets you no satisfaction, start small claims court proceedings. it'll cost you €15 unfortunately but it'll get you your replacement

that's f*cking unbelievable btw. never seen anything like it


edit:all of the above assumes the complaint is genuine of course

aidan_walsh

I dont think i've ever heard of a DS not working or even breaking where it wasnt the persons own fault (cracked hinges, broken screens was dropped etc)

Working in tech support, DOAs are a fact of life.

boopolo

Could I be right in saying that each DS may have a seriel number built in to the firmware. Have they not got a mac number?

Boo

wmpdd3

DOA s are a fact of life. Retailers don't refuse replacements on faulty items for the thrill of it.
If it's faulty their supplier will give them credit.
What could it be about this unit that xtravision feels they will not get a credit????

_Whimsical_

wmpdd3 wrote: »

DOA s are a fact of life. Retailers don't refuse replacements on faulty items for the thrill of it.
If it's faulty their supplier will give them credit.
What could it be about this unit that xtravision feels they will not get a credit????

I have bought faulty goods from Xtravision on two occasions now.Both were clear cut out of the box problems and on both occasions Xtravision were extremely difficult to deal with.The last thing I bought there was with a product which there was a known issue with and other retailers were offering a refund on immediately.Xtravision created a big fuss and insisted I had to contact the manufacturer to address the problem just one day after I purchased it.After 4 trips to the shop to meet managers who were never there, they said head office would ring me.They too insisted it was the manufacturers problem and in the end I had to have someone from Philips ring Xtravision on my behalf to explain the finer points of contract law to them.I got my refund around 6 weeks later.

The first product I bought from them cost over E200 and I had exactly the same rigmarole with it.At the time I was ill and in hospital for an extended time so I let it go.As a result I have E200 of dvd player that functions well as a giant paper weight and nothing else. In my experience their reluctance to deal with issues surrounding faulty products is nothing to do with the buyer and everything to do with the hope that if they bully you enough you'll go away.

axer

darc wrote: »

Complete and utter rubbish! - And its this type of mis guided comment that gets people all in a bother in a shop shouting they know their rights when in fact they have no clue.

It is at the shops discretion whether to offer a replacement or refund. If you approach it in the right way, the shop may give a refund, but legally the shop must either replace it, repair it to the original condition or make a refund.

Not true. No where in consumer legislation does it say that the remedy the consumer is entitled to is at the discretion of the seller. Where did you see that?

In this case, if it were not a con, the OP would be entitled to a refund (or replacement or repair) since he/she was not able to inspect that the goods were in conformity until he/she could power it up.

Having said all of that the shop can point blankly refuse at which point it has to go to court (small claims court). I would think the court would side with OP (if it were not a con) for the aforementioned reason.

sharkDawg wrote: »

Correct me if im wrong but it sounds like a scam to me

Well spotted. I hate scamming a$$holes like that that abuse the strong rights afforded to the consumer making sellers very suspicious.