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  • 20-09-2011 9:18am
    #1
    Closed Accounts Posts: 5,678 ✭✭✭


    Hi there guys just wondering can you help me on this

    Last night I picked up the gears of war 3 epic edu there at 12 o clock and after 2 mins I whent back and said can I return and get the cheaper one I was told to come back 1st thing in the morring

    Ok I whent back to gamestop Waterford at 8.30 am to return the game to get the cheaper copy and the extra money back also I might add that the box was open already

    Ok anyway the guy told me that I opened the guy and used everything in side of it (everything still has it platic on it) bar one box

    He basically told me it was my fult for buying the game and you can deal with it and we near open a game to sell to you after the same guy told me you can
    return it

    Where do I stand as I made a mistake in little over 2 mins they Sad bring it the morring


Comments

  • Registered Users Posts: 4,487 ✭✭✭Mountjoy Mugger


    They are under no obligation to refund. Sorry.


  • Closed Accounts Posts: 5,678 ✭✭✭TrustedApple


    Even do the say to me they will got proof form the 2 guys I was with last night


  • Registered Users Posts: 715 ✭✭✭littlejp


    Why did you open it if you were going to return it?


  • Closed Accounts Posts: 5,678 ✭✭✭TrustedApple


    I never opened it is was already

    So to this I am in the wrong for something they did


  • Banned (with Prison Access) Posts: 10,259 ✭✭✭✭Melion


    Why buy it and then want to change it 2 minutes later?


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  • Closed Accounts Posts: 5,678 ✭✭✭TrustedApple


    Melion wrote: »
    Why buy it and then want to change it 2 minutes later?

    Because I am a fool what else can it be ?


  • Registered Users Posts: 4,879 ✭✭✭Coriolanus


    I never opened it is was already

    So to this I am in the wrong for something they did
    they don't have an obligation to exchange something that isn't damaged or faulty.


  • Closed Accounts Posts: 1,645 ✭✭✭Melendez


    This post has been deleted.


  • Registered Users Posts: 6,995 ✭✭✭Sofiztikated


    No reason for them to refund you.

    You bought the epic edition, and as far as I know, they were pre order.

    It sounds (to me) like you got the epic edition, saw what was inside, realised it wasn't worth the extra, and fancied the standard edition instead.

    Your mistake, not theirs.


  • Registered Users Posts: 8,438 ✭✭✭RedXIV


    I never opened it is was already

    So to this I am in the wrong for something they did

    The thing is, you are entitled to a refund for something that doesn't work or is faulty. You are NOT entitled to one because you changed your mind. This means from a legal perspective there is nothing you can do, and you are dependent on their good faith to do so. You could trade it in against the cheaper one, probably won't get the same value financially but its an option?


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  • Registered Users Posts: 677 ✭✭✭Tordelback


    All good observations so far, but it seems to me that the one possible issue for complaint is that the package wasn't factory sealed when it was purchased. If the guy that sold it to you agrees that was the case, then you should be entitled to some leeway in returning it - a sealed product that was opened by the shop might count as something not fit for purpose (if you were a collector, or wanted it to give it as a present, I suppose...). Other than that slim chance, you're probably out of luck.

    If it's any consolation I'm sure we've all regretted buying 'deluxe' editions, and discovering that the extra tenner amounted to a few postcards and a lot of cardboard.


  • Registered Users Posts: 2,570 ✭✭✭Elmidena


    I never opened it is was already

    So to this I am in the wrong for something they did
    Why was it open on launch night, and why would you buy it if you received it in such a state :confused:


  • Closed Accounts Posts: 5,678 ✭✭✭TrustedApple


    I was on the phone to head office about it and the guy on the phone said i find it very hard to believe that it was opened it store the reason i did not cheek it was open because it was handed to me in black plastic bag


  • Registered Users Posts: 8,438 ✭✭✭RedXIV


    I was on the phone to head office about it and the guy on the phone said i find it very hard to believe that it was opened it store the reason i did not cheek it was open because it was handed to me in black plastic bag

    And while this is not doubt very annoying for you, it ultimately is your own responsibility to check this. Once you leave the counter, the staff are not responsible for the condition of the product. It's up to you to ensure you have everything in order, and still this will come back down as having something something and simply wanting to change your mind as the game you bought is not faulty (I assume)


  • Registered Users Posts: 3,834 ✭✭✭Welease


    As per all the other responses, as the product is not faulty you have no rights to a refund.. anything they offer is goodwill..

    The fact that the product may have been opened to me is somewhat of a smokes screen.. If the shop were going to replace the items based on that, they would be quiet within their rights to replace with the exact same Epic version and not the lower cost standard version.. If you don't want a pristine condition epic version, then does it really matter that the box had been opened?

    The only way you will be getting the standard version is if the shop decide to offer a goodwill gesture..


  • Closed Accounts Posts: 217 ✭✭Cameron Poe


    Tordelback wrote: »
    If the guy that sold it to you agrees that was the case, then you should be entitled to some leeway in returning it - a sealed product that was opened by the shop might count as something not fit for purpose

    Head office probably won't care what the original salesperson said as he's got no input in the returns policy. The product being opened has no bearing on it being fit for purpose.

    I worked for a games retailer years ago when the GAA game came out on the playstation and we were told that we could not give refunds or do exchanges under any circumstances as they were expecting so many. Normally exchanges were not a problem. Could be a similar situation here.


  • Registered Users Posts: 4,065 ✭✭✭Miaireland


    Item is not faulty, you changed your mind, you have no right to refund.


  • Registered Users Posts: 1,705 ✭✭✭Mr Trade In


    You wont get a cash refund, you may get credit back,short of that stick it up on Adverts for €10 less than it cost.


  • Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Tordelback wrote: »
    - a sealed product that was opened by the shop might count as something not fit for purpose (if you were a collector, or wanted it to give it as a present, I suppose...). .

    The person being a collector or givign it as a present is of no concern to the shop or the manufacturer. It wouldnt be part of the fit for purpose conditions. The game works and everything thats meant to be in it is. Its fit for purpose.


  • Registered Users Posts: 26,418 ✭✭✭✭noodler


    Tordelback wrote: »
    All good observations so far, but it seems to me that the one possible issue for complaint is that the package wasn't factory sealed when it was purchased. If the guy that sold it to you agrees that was the case, then you should be entitled to some leeway in returning it - a sealed product that was opened by the shop might count as something not fit for purpose (if you were a collector, or wanted it to give it as a present, I suppose...). Other than that slim chance, you're probably out of luck.

    If it's any consolation I'm sure we've all regretted buying 'deluxe' editions, and discovering that the extra tenner amounted to a few postcards and a lot of cardboard.

    Well if that was the case then half the games sold in bricks and mortar stores in this country would be eligable for return on this basis.


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