Smyths won't refund faulty game..

thomasjad

I bought a pre-owned copy of grand theft auto for ps3 last week for 20euro in smyths blanchardstown..I got home and put it in my month old playstation 3 slim and it didnt start straight away...I brought it back today and was frankly told in quite a rude way that I couldnt get a refund and that my playstation scratched and broke the disc..I have the receipt and all...what can I do here?:mad:

sdanseo

Tell them in no uncertain terms that under the Sale of Goods and Supply of Services Act, 1980 you are entitled by law to a refund, repair or replacement.

If they don't provide you with one on the spot, threaten them and then follow up with an action through the small claims court and please, please follow it through. It can all be done online and costs €15.

thomasjad

Ohh ok well I entend to..they basically accused me infront of a whole shop of breaking the game and trying to give it back saying it was broken..it won't make a difference that it was pre-owned or anything? Am I entitled to just a repair or replacement or a refund?

shanehillview

Just passing through and i saw this thread, below is the link for the small claims court.

http://www.courts.ie/Courts.ie/Library3.nsf/0/50A0FEDF19079201802574050061745F?OpenDocument

sdanseo

thomasjad wrote: »

Ohh ok well I entend to..they basically accused me infront of a whole shop of breaking the game and trying to give it back saying it was broken..it won't make a difference that it was pre-owned or anything? Am I entitled to just a repair or replacement or a refund?

Add slander into the equation when you're explaining your plans of court action to them so.

The first step is to demand to see a manager, not angrily though. If they've any sense they'll give you your 20 quid back tbh.

You are ENTITLED to a refund repair or replacement at their discretion. It doesn't make a blind bit of difference that it was preowned; they sold you something and it didn't work. End of story.

thomasjad

Hmm yeah,only thinking though that he said the games are all tested when taken in so if it came down to it wouldn't it just be my word against his? Anyway I'll let you's know how I get on..thanks

jor el

Tested? Yeah, right. I've seen the testing that's done when people bring stuff in. They check one, randomly, and just see that it starts loading. They don't do a full check, or anything near it.

Bring it back once more, ask for a manager, and ask them to replace it or give you a refund.

jill_valentine

Question - did your playstation scratch the disc...?

thomasjad

No of course not,I put the game in and it was broken already,I have other games and they work fine and don't get scratched..as I said the playstation is on a month old

calex71

Be sure to tell the manager about how the other staff member treated you.

It's a ridiculous way to have been treated, 99% of people working with used games would have have said "Oh it's pre-owned, hang on i'll get you another one" with no further questions asked.

Cabaal

I've heard this excuse before "your game console scratched the DVD", I don't think I've ever seen a CD player, dvd player etc scratch any disc unless the player was really fecked and you could easily tell from the noise coming from it

Its a bull**** excuse

OP is there scratches on the disc?

Lollipops23

Cabaal wrote: »

I've heard this excuse before "your game console scratched the DVD", I don't think I've ever seen a CD player, dvd player etc scratch any disc unless the player was really fecked and you could easily tell from the noise coming from it

Me neither.

OP go back and ask for a manager. Politely inform them that you have begun legal proceedings. It should scare the crap out if them enough to give you the damn refund!

Cabaal

Of course if your mentioning legal proceedings don't say through your solicitors or some ****e like that, just say you'll be paying the small claims court fee and going down to small claims court if he cann't resolve your complaint

awful way to treat a customer :mad:

Zapp Brannigan

Cabaal wrote: »

I've heard this excuse before "your game console scratched the DVD", I don't think I've ever seen a CD player, dvd player etc scratch any disc unless the player was really fecked and you could easily tell from the noise coming from it

Its a bull**** excuse

OP is there scratches on the disc?

The 360 does it all the time if the console even slightly shifts.

But OP that was disgraceful the way you were treated, you should've been offered at least a replacement game. Maybe because you wanted a refund the staff member thought you simply didn't like the game and just wanted to get your money back.

thomasjad

I didn't go in demanding a refund though, he said I broke it before I had the chance, I was only going to ask for a different one

jill_valentine

Cabaal wrote: »

I've heard this excuse before "your game console scratched the DVD", I don't think I've ever seen a CD player, dvd player etc scratch any disc unless the player was really fecked and you could easily tell from the noise coming from it

Its a bull**** excuse

OP is there scratches on the disc?

The Xbox is the worst culprit, but it's not unknown in other consoles or players. If the machine is shifted or the disc tray is manky, it can indeed mill the disc to hell and make it unplayable. The latter is commonly the case with older Playstation 2s, because they're more likely to have bits of crud in the disc tray that eat a lump out of the disc. Alternatively, people give little Jimmy the disc to play with and let him leave it face down on a lump of sandpaper or something, scratching the thing to bits.

I've worked in enough game and DVD outlets to know for a fact that customers do this all the time to their own discs and then bring them back to eat the head off the staff.

As Zapp also pointed out, people also commonly buy preowned games and then attempt to return them for the full value once they've finished them.

This is probably not what happened in the OPs case, but it's worth being aware that these staff have to listen to this a billion times a day and tend to lose the more uh, open-minded elements of their nature. The softly-softly approach is a million times more successful than stamping your feet and trying to get your way - OP, contact the manager and layout your problem politely. Explain that you have no other discs presenting this problem and that your disc tray was clean - assuming it was. Go on to explain what you want instead - refund or return.

The disc should have been checked for visible scratching before it was handed out. Disc tray scratching leaves a distinctive circular pattern. If it hasn't got any, it probably wasn't the console that did it. Say that too.

Try that before you bring in the big guns. You should be sorted fairly lively. If not, let it be known that you're going to take it further, but not before.

Best of luck.

valueireland

To the OP, just in case Smyths come back to you saying something like "what do you expect, it's second-hand (pre-owned)", you can refer them to the fact that since they're selling second hand goods as part of their own business, you're entitled to the same rights as if the product was new.

Therefore, the product must be fit for purpose. Therefore, you can get your repair, replacement or refund.

I'd beware of making statements including the terms "legal proceedings" as mentioned by others here - if you don't get satisfaction from store manager, then go the route of the Small Claims Court.

If you need it, from the National Consumer Agency website:

When you buy a second-hand item from someone who is selling it as part of their trade, you are entitled to the same rights as if it is new.
It must be fit for the purpose for which it is sold, as described and be durable as can be expected given the price paid for it and any other relevant factors.
On the other hand, you cannot expect second-hand goods to be of the same standard as new ones and you need to examine the goods more carefully and ask relevant questions about them.

Unfortuantely though, Smyths Toys aren't known for their customer service.

jor el

jill_valentine wrote: »

As Zapp also pointed out, people also commonly buy preowned games and then attempt to return them for the full value once they've finished them.

If bringing it back within a day or two of buying it, as proven by the receipt, this would hardly be the case.

jill_valentine

jor el wrote: »

If bringing it back within a day or two of buying it, as proven by the receipt, this would hardly be the case.

It happens. Usually over a weekend, but it does happen.

lucylu

Do Smyths by back games like some of the Gaming Shops do? If so sell it back/trade it in against a new one. I doubt it they will check the game there and then Result

Zapp Brannigan

lucylu wrote: »

Do Smyths by back games like some of the Gaming Shops do? If so sell it back/trade it in against a new one. I doubt it they will check the game there and then Result

OP would lose out on money and simply be placing his problem on to another unsuspecting person.

jor el

lucylu wrote: »

Do Smyths by back games like some of the Gaming Shops do? If so sell it back/trade it in against a new one. I doubt it they will check the game there and then Result

He might get 5 euro, at most, and it wouldn't be much of a result to pass on the broken game to some other poor unfortunate that once again gets screwed by Smyths.

thomasjad

Went up today and saw a different girl working so thought I'd just try go to her first for the sake of it, she gave me a refund straight away so all worked out ok

PeteK*

Why would you buy a second hand game? Just curious. Especially since Grand Theft Auto new is more or less the same cost.