Faulty product, what are my rights to a refund?

Tobes

Tobes

Tobes

Soldato
Joined
27 Mar 2004
Posts
6,698
Location
Devon
Hi there,

Bought a Xbox 360 Elite from a online store on the 7th April 2008. Found out yesterday that it is faulty.

Emailed the store asking for a refund but they say they won't refund only replace.

I really don't want another one and I'm pretty sure I am entitled to a refund but I wouldn't know the legal jargon or how I would go about emailing them back.

They have told me to ring Microsoft about the problem but I know it's a hardware fault and I don't intend to waste my time on the phone to them.

Can anyone help me out?

Thanks
 
shauncr91 said:
Dont quote me on that though ;)
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haha I won't but I obviously need something I can quote. I am fed up of companies giving out false info on their websites about refunds/replacements.

Luckily I bought it with my Mums credit card as well so I can get them to give me the money back if said company continues to act like this.
 
Quote the distance selling act, you have 7 working days from the reciept of the goods to return it for any reason for a refund

Failing that, the sales of goods act provides protection in the event of faulty goods, and you're well within what would normally be termed as a reasonable time to change your mind and get a refund (normally it's considered 14-28 days).
 
Dolph said:
Quote the distance selling act, you have 7 working days from the reciept of the goods to return it for any reason for a refund
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Well it has been over 7 days so I guess even though it was received faulty I cannot use that.

But if it's 14 days or 28 days I assume that no matter how long it takes to get a refund, because I have made contact with them within the date I am OK?

I will go off to have a google now and check the Sales of goods act.
 
Tombo said:
Tell them you're going to get your bank to do a charge back and they'll probably do it.
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That sounds a bit threatening. Should I not give them one last courteous letter ranting about the sales of good act and how I am entitled to a refund as the product has arrived with this fault and the length of time I have found this fault is reasonable?

I'm happy to send them a email guns a blazing but I don't want to come across as a **** and get them all angry.
 
Tobes said:
Should I not give them one last courteous letter ranting about the sales of good act and how I am entitled to a refund as the product has arrived with this fault and the length of time I have found this fault is reasonable?
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I'd do that first yes.
 
If your within the DSR time (7 working days starting the day after it was delivered) you could just write or email them to say you are cancelling your contract under the DSR. No reason needed.

Failing that you can certainly expect a refund because the fault was present when they supplied it - I don't think anyone could argue otherwise. They are entitled to confirm the fault though so if the DSR is out of the question a call to MS could help smooth the process for you.
 
OK so what about this:

"Under the Sales of Goods Act 1979 I am entitled to a full refund as the inherit fault has been discovered in a reasonable time being 7 days. (I received the product on the 9th April)."

then I can't think of what else to say. They asked me in the email if I have contacted MS. But I know if I contact MS they will register the console and try to offer a replacement.
 
Send it by recorded delivery, and state clearly that you reject the goods under the DSR and SoGA. You are better off using DSR first (but do mention both) as there's no "come back" for you that way. SoGA you can be required to establish the presence of the fault etc. You are well within the appropriate time-frame for rejecting the goods on both counts so don't worry.

Tell them you are formally giving notice that X goods, invoice number Y are being rejected under DSR and further as is your right under SoGA. You look forward to hearing from them by return as to how they wish to receive the product back. Tell them how you want refunding too. Just make sure it's recorded (so you can establish the timeframe of the return later should you need to).

They should roll pretty easily once they have it in writing; shops often try it on but at the end of the day they know what the law says. Just keep the letter short and to the point. No waffling, no explanations. Just "I received this, invoice number blah, and reject the goods as per DSR and SoGA. Please advise on how you wish me to return the product so that I can be issued with a full refund".
 
deleted said:
Whats the fault out of curiosity? RROD?
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Nope (for once lol). The 360 pics of microphone static even when the mic is muted and mic audio is low. Different mics and controllers have been tested. Did a search on the net and found other people with the problem and no solution. Can find more details in the console section.
 
"As the problem was reported within 7 days or receiving the item I and rejecting the goods under the Distance Selling Regulations as it is my right under the Sales of Goods Act.

I look forward to hearing from you on how you would like the good returned.

Toby *******"

Sound good?
 
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