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Bringing something broken back the same day

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  • Registered Users Posts: 454 ✭✭mixer101


    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

    Well, poor you!
    Did you know that there's another guy on here using the same name as yourself, believe it or not, and guess what, he's selling a DS with a broken screen also! (Wonder did he 'buy' his in Xtravision...). He's selling his for €50, here's his advert:
    http://www.adverts.ie/showproduct.php?product=81751&cat=500
    and he can also point you to where you can buy a replacement screen.

    As one of the staff in the Xtravision shop you're trying this scam on with is a friend of mine, I've emailed him the link for this thread. I'm sure they'll look forward to your return visit and hard-luck story....

    You should be banned from selling on boards, people like you make me sick. If it was genuine hard luck story you'd get sympathy and help from most people, but you are wasting people's time and willingness to help you when you know it's a pack of bullsh1t that you've written.:mad:

    By the way, you might want to try a few capital letters and simple punctuation, your posts are crying out for it....

    Well done sharkDawg for smelling the rat fish.


  • Registered Users Posts: 5,517 ✭✭✭axer


    mixer101 wrote: »
    Well, poor you!
    Did you know that there's another guy on here using the same name as yourself, believe it or not, and guess what, he's selling a DS with a broken screen also! (Wonder did he 'buy' his in Xtravision...). He's selling his for €50, here's his advert:
    http://www.adverts.ie/showproduct.php?product=81751&cat=500
    and he can also point you to where you can buy a replacement screen.

    As one of the staff in the Xtravision shop you're trying this scam on with is a friend of mine, I've emailed him the link for this thread. I'm sure they'll look forward to your return visit and hard-luck story....

    You should be banned from selling on boards, people like you make me sick. If it was genuine hard luck story you'd get sympathy and help from most people, but you are wasting people's time and willingness to help you when you know it's a pack of bullsh1t that you've written.:mad:

    By the way, you might want to try a few capital letters and simple punctuation, your posts are crying out for it....

    Well done sharkDawg for smelling the rat fish.
    small world it tis.


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    axer wrote: »
    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 the law it self, I'd say as per below (and if you pull up citizeninformation.ie as your counter source I'll haunt you with a wet trout! :p).
    Where—

    ( a ) the buyer deals as consumer and there is a breach of a condition by the seller which, but for this subsection, the buyer would be compelled to treat as a breach of warranty, and

    ( b ) the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,

    then, if the seller refuses to comply with the request or fails to do so within a reasonable time, the buyer is entitled:

    then, if the seller refuses to comply with the request or fails to do so within a reasonable time, the buyer is entitled:

    (i) to reject the goods and repudiate the contract, or

    (ii) to have the defect constituting the breach remedied elsewhere and to maintain an action against the seller for the cost thereby incurred by him.
    Sales of Goods act


  • Registered Users Posts: 5,517 ✭✭✭axer


    Nody wrote: »
    In the law it self, I'd say as per below (and if you pull up citizeninformation.ie as your counter source I'll haunt you with a wet trout! :p).

    Sales of Goods act
    makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,
    Makes a request to the seller to remedy the breach or makes a request to the seller that he replace the goods. It doesn't say at the seller's discretion. Repair is not the only remedy for breach of warranty - don't worry I won't be pulling anything from citizensinformation.ie


  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    axer wrote: »
    Makes a request to the seller to remedy the breach or makes a request to the seller that he replace the goods. It doesn't say at the seller's discretion. Repair is not the only remedy for breach of warranty - don't worry I won't be pulling anything from citizensinformation.ie

    Are you saying that someone can legally refuse to accept a repair without involving the small claims court etc? As in if a retailer insists on a repair and the customer insists on a replacement, the retailer is breaking the law?

    That's contrary to everything i've ever seen on the matter


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  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    axer wrote: »
    Makes a request to the seller to remedy the breach or makes a request to the seller that he replace the goods. It doesn't say at the seller's discretion. Repair is not the only remedy for breach of warranty - don't worry I won't be pulling anything from citizensinformation.ie
    Depends on what you read the request to be (i.e. a request is sent to the seller to fix it, replace or repair at seller discreetion or if the buyer has the choice to say if they want a repair or a fix). Funny part is though that it also states that the option of refund don't come until both those have failed but that is a discussion for another day.


  • Registered Users Posts: 5,517 ✭✭✭axer


    Sam Vimes wrote: »
    Are you saying that someone can legally refuse to accept a repair without involving the small claims court etc?
    They can refuse anything they want - doesnt mean they will get it. Then it goes to court.
    Sam Vimes wrote: »
    As in if a retailer insists on a repair and the customer insists on a replacement, the retailer is breaking the law?
    It depends on the circumstances thus if there is a dispute - it goes to court.


  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    axer wrote: »
    They can refuse anything they want - doesnt mean they will get it. Then it goes to court.

    It depends on the circumstances thus if there is a dispute - it goes to court.

    right, so that's exactly as i thought. the customer can only refuse a repair if he has reasonable grounds to.


  • Registered Users Posts: 1,647 ✭✭✭thenightrider


    sharkDawg and others that might think its a scam im ofended

    Yes i had an add for faulty consoles reason being i was hoping to get something that would be easy to fix and cheap when i did get a console turns out you need special screw drivers etc just to look at it so i said id just get rid of it to much hassle and if i was to use the new console to fix an other console why would i be selling the console broken

    I have sent the ds to head office and they are going to get some people to look at it

    Now they are saying they have not got it yet even though it was sent by courier on friday morning


  • Closed Accounts Posts: 2,706 ✭✭✭craichoe


    sharkDawg and others that might think its a scam im ofended

    Yes i had an add for faulty consoles reason being i was hoping to get something that would be easy to fix and cheap when i did get a console turns out you need special screw drivers etc just to look at it so i said id just get rid of it to much hassle and if i was to use the new console to fix an other console why would i be selling the console broken

    I have sent the ds to head office and they are going to get some people to look at it

    Now they are saying they have not got it yet even though it was sent by courier on friday morning

    Sounds like you bought a new one and tried to return the old broken one that was out of warranty claiming it was the one you just bought.


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  • Posts: 0 [Deleted User]


    craichoe wrote: »
    Sounds like you bought a new one and tried to return the old broken one that was out of warranty claiming it was the one you just bought.

    .


  • Registered Users Posts: 454 ✭✭mixer101


    sharkDawg and others that might think its a scam im ofended

    Yes i had an add for faulty consoles reason being i was hoping to get something that would be easy to fix and cheap when i did get a console turns out you need special screw drivers etc just to look at it so i said id just get rid of it to much hassle and if i was to use the new console to fix an other console why would i be selling the console broken

    I have sent the ds to head office and they are going to get some people to look at it

    Now they are saying they have not got it yet even though it was sent by courier on friday morning

    :eek: Are you seriously expecting us to believe that you, as a regular trader on boards.ie who buys and sells broken and cheap consoles ( http://www.adverts.ie/showproduct.php?product=78226&cat=all ) went into an Xtravision shop on 25/11/2008 and spent somewhere between €170 and €200 on a new DS Lite and got home to discover it had a faulty top-lid screen also had a DS Lite, with a broken top-lid screen, for sale on boards.ie on the same day, 25/11/2008 ( http://www.adverts.ie/showproduct.php?product=81751&cat=all ) ......??
    Do you not think this is a remarkable coincidence?:confused:
    I do.
    As regards the Xtravision head office not receiving the broken DS - have you not checked with the 'courier' that you used on Friday to see where it could have gone astray to....?:confused:

    Of course, maybe it's all just a simple misunderstanding or a little silly mistake on your part, that you are confusing the brand new shiny DS Lite (with a broken screen that you bought on 25/11/2008) with the old, scratched second-hand DS Lite (with a broken screen that you had for sale on 25/11/2008).....?
    Perhaps the manager in the Xtravision shop noticed that you had inadvertantly brought the old one back in error?:confused:
    (Quite possible, really, considering the amount of electronic goodies you've been trading in lately - mobile phones, gps receiver, cheap laptops, cheap home PC, motherboards, flat screen monitors, dvd burner, tv, mini-motorbikes, hard disk drives, computer power supplies... http://www.adverts.ie/showcat.php?cat=all&page=1&what=allfields&name=thenightrider&name=thenightrider )

    Do let us know how you get on with the 'faulty' unit from Xtravision and your courier please?
    In the meantime good luck with your endeavours to sell your 'other' DS Lite on boards.ie!!:rolleyes:


  • Posts: 0 [Deleted User]


    Looked at some of his other posts just there. This guy should be IP banned and have his real name/details blacklisted in a sticky.

    People like this guy are the main reason why people can have a hard time with regards returning stuff.


    Not to mention that this is all quite illegal.


  • Registered Users Posts: 578 ✭✭✭boopolo


    sharkDawg and others that might think its a scam im ofended

    Yes i had an add for faulty consoles reason being i was hoping to get something that would be easy to fix and cheap when i did get a console turns out you need special screw drivers etc just to look at it so i said id just get rid of it to much hassle and if i was to use the new console to fix an other console why would i be selling the console broken

    I have sent the ds to head office and they are going to get some people to look at it

    Now they are saying they have not got it yet even though it was sent by courier on friday morning
    Will give you the benifit of the doubt. If you did change the serial # you could be charged with fraud. Pretty sure they will be able to check this. They can compare inbuilt data like the mac address.

    Boo


  • Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Very fishy,

    If this is a scam, (and I think it probably is) it is part of the reason why consoles and games are so expensive.

    I would imagine that as soon as Ninty get hold of this "New" Ds and have a look at it they will be able to tell if serial number have been switched etc.

    If that is what you have tried Night, I wouldn't hold your breath for a new DS coming through the Letter box, Solicitors letter more like.


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