Can I demand a refund or is store credit perfectly legal?

Stanlex

Hi,

Bought my brother a second hand XBOX 360 game today, only to find out that you need to have XBOX Live Gold to actually play. You can't play it offline at all. So I would like to return it and get my money back. However, the shop told me that they can only give me credit if I need to return it. Is this legal? Can I reject store credit and demand a refund?

I have been playing video games since I was young and have never come across a game where you need Online to play it. Even COD or Battlefield allow you to do single player missions.

Any help is welcome.

Thanks

shruikan2553

As it isn't broken or faulty store credit is legal. Technically they could give you nothing.

JonEBGud

Second hand means "Buyer be Aware".

Stanlex

shruikan2553 wrote: »

As it isn't broken or faulty store credit is legal. Technically they could give you nothing.

When I bought it, I asked if I could return it if its faulty and the store assistant said, they can only give credit.

Ruu

Moving from After Hours, please read the current forum charter.

sdanseo

Stanlex wrote: »

When I bought it, I asked if I could return it if its faulty and the store assistant said, they can only give credit.

If the item sold was not faulty, was as described, and was of merchantable quality and you've changed your mind, you are entitled to absolutely nothing from the retailer. And rightly so.

If it was faulty, not as described or not fit for the purpose for which it was intended by its manufacturer, the retailer should repair, replace or refund (usually at their discretion as to which of those remedies is used, the law is a bit ambiguous there but it's reasonable to suggest that retailers should be allowed try and fix something before having to pay for a replacement).

Stanlex

sdeire wrote: »

If the item sold was not faulty, was as described, and was of merchantable quality and you've changed your mind, you are entitled to absolutely nothing from the retailer. And rightly so.

If it was faulty, not as described or not fit for the purpose for which it was intended by its manufacturer, the retailer should repair, replace or refund (usually at their discretion as to which of those remedies is used, the law is a bit ambiguous there but it's reasonable to suggest that retailers should be allowed try and fix something before having to pay for a replacement).

So if I didn't know you need XBOX Live GOLD, it doesn't say it anywhere nor was I told that I need it. Not fit for purpose?

shruikan2553

Stanlex wrote: »

When I bought it, I asked if I could return it if its faulty and the store assistant said, they can only give credit.

In that case they would be wrong.

Stanlex wrote: »

So if I didn't know you need XBOX Live GOLD, it doesn't say it anywhere nor was I told that I need it. Not fit for purpose?

If it didnt say anything about needing to be online you may get somewhere but in my experience I have yet to see a game that doesnt mention it somewhere on the box.

Stanlex

shruikan2553 wrote: »

In that case they would be wrong.



If it didnt say anything about needing to be online you may get somewhere but in my experience I have yet to see a game that doesnt mention it somewhere on the box.

My apologies. Found it written in small print. No way would have I noticed that when buying the game. Thanks anyway.

ongarite

What game is it?

foggy_lad

Stanlex wrote: »

My apologies. Found it written in small print. No way would have I noticed that when buying the game. Thanks anyway.

For something like needing specific added extras to be able to use the item you have purchased it should be clearly marked on the item you bought not hidden away somewhere in the detailed small print on the back of the game.

Cabaal

Stanlex wrote: »

When I bought it, I asked if I could return it if its faulty and the store assistant said, they can only give credit.

But its not faulty,
They don't have to give you anything

maki

foggy_lad wrote: »

For something like needing specific added extras to be able to use the item you have purchased it should be clearly marked on the item you bought not hidden away somewhere in the detailed small print on the back of the game.

The gold requirement is always stated on the back quite clearly. Clearly might be relative of course, but it's been similar to this on PC games for as long as I can remember, and exactly like this since the Xbox 360 was launched.

Cabaal

foggy_lad wrote: »

For something like needing specific added extras to be able to use the item you have purchased it should be clearly marked on the item you bought not hidden away somewhere in the detailed small print on the back of the game.

Depends on your definition of small print,

Take a PC game, system requirements are generally listed in small print on the back of games.

If a customer buys the item and then finds their pc isn't upto spec then the game isn't faulty. The fault is the customer's for not checking the requirements.

This is no different,

Given the amount of games that need xbox live subs etc its wrong for a customer to simply assume they can play the game without xbox live.

dudara

Stanlex wrote: »

When I bought it, I asked if I could return it if its faulty and the store assistant said, they can only give credit.

If the game is faulty, even when second hand, then normal consumer rights still apply. Second hand goods sold as part of the regular business are treated the same way as new goods.

Now in your particular case, the game isn't actually faulty. It will work fine if you have Online.

You may have a case if you specifically asked if the game could be played offline. In that case you could claim you were missold the item.

rubadub

I would count myself lucky if they offered me store credit. Especially as its a computer game where people could abuse a stores policy to "rent" games, this is why argos exclude games from their money back policy. Also secondhand games would be even easier to return in this manner since even if it got a little scratch people could claim it didn't work.

pleasant Co.

Cabaal wrote: »

Given the amount of games that need xbox live subs etc its wrong for a customer to simply assume they can play the game without xbox live.

You're implying that many games require an xbox live gold sub just to work, that's simply not the case. Very few games have xbox live gold as a basic requirement for gameplay, there's one really hyped game that stands out but bar that there's basically no other games that require xbox live gold. It's still a fairly safe assumption to make that buying a game will mean you can play that game so long as you have a console to play it on.

However, it's wrong to assume and then not look at the back of the box to see what the actual requirements are.

Stanlex

Done. I improvised. If I kept the game, it would have no use because my brother doesn't have Xbox Live GOLD, nor do I plan on getting it for him (8 years old).

So I told my mam I bought him a new game and it didn't work. Since she doesn't know much about technology, I sent her on her way back to Gamestop to tell them that my brother can't play the game, and she doesn't know why (she actually didn't know why). They asked her if he had Live GOLD and she told the guy that she didn't know what that is and that my bro is only 8. The guy kindly told her that they don't give a refund unless the game is faulty, but that he would make an exception this time. So she got a full refund. Fair play to the guy! I didn't deserve a full refund but with a little improvisation and the tech ignorance on my mothers part, I got the money back.

I will be more aware in the future.

slimjimmc

JonEBGud wrote: »

Second hand means "Buyer be Aware".

No it doesn't. If you buy a second hand item from a business you have the same statutory rights as you would have if you bought a new item, same applies if you buy a item during a promotion (aka "Sale").