How do I approach this...

LordSplodge said:
What a surprise. The "Purple Shirts" try to wheedle their way out of anything.
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Their T&Cs have legal grounding though.

LordSplodge said:
T&C's don't mean ****.
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Edit that sweary MR!! :mad::mad:

LordSplodge said:
My brother actually got in a fight with the manager at No Competitors! because he wanted to return a DVD Recorder as it wouldn't record from his cable tv. Manager said "Can't return it for that..." he said "Not fit for purpose" and an argument ensued and the result was my brother threw to box at his head and he got banned from the shop!
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Lesson 101 of how not to do it?

Burnsy
 
TheDean said:
I have spoke to Trading Standars today, and they confirm that the warrenty lies with the retailer NOT the manufacturer.

Has anyone got any tips/experience of this? How should I approach it?
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Stand your ground in store, don't let them bully you, ask to speak to the manager, the last thing they want is you creating a scene in full public view.
 
TheMagicPirate said:
Sorry to hint at a competitor but if its a 'local' newcastle based store just send it off to MS now. They are right swines.

If its one of the bigger chains however then as already said, a recipt and pleasant explanation will be enough for an exchange.
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No, no...not them. Its a nationwide chain :)
 
LordSplodge said:
What a surprise. The "Purple Shirts" try to wheedle their way out of anything.

T&C's don't mean dick. The law is the law, but most companies assume (sometimes rightly) that the customer is stupid and weak. Stand up for your rights and make a stink if they try to fob you off.

My brother actually got in a fight with the manager at No Competitors because he wanted to return a DVD Recorder as it wouldn't record from his cable tv. Manager said "Can't return it for that..." he said "Not fit for purpose" and an argument ensued and the result was my brother threw to box at his head and he got banned from the shop!
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In purchasing the product from the company, you accept their T&Cs and so their T&Cs have legal standing, and they do not have to offer something that their T&Cs do not stipulate. Directgov even says on their website to watch out for T&Cs.

I'm in no way defending any company, as I fully agree that T&Cs can be rubbish but I'm highlighting the fact that you can't always just walk in and get a replacement.
 
They don't have to give you a new one, they are fully within their rights to send it off for repair, deal with Microsoft, its faster.

Trading stands would say that if they though that store was refusing to deal with the issue, its not an inherit fault, so they are allowed a reasonable time to repair it (send it off to MS) - and the MS service is totally free so thats also above board.
 
I also used a national retailer in Newcastle, mainly because I wanted somewhere I could physically take it myself if there was an issue. When my 360 failed they were top notch. Warned me that if the machine worked when it came in then they would chase me off, but it was well and truly knackered so they replaced it on the spot and gave me a new receipt, valid for a further year.

Stick to your guns and you should be fine.
 
[DW]Muffin;10544944 said:
Its 7 months old, its not an inherent fault.
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Not as clear cut as that:

DTI said:
Q1. What is an inherent fault?
A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.
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I would say that where it's such a common occurrance it's likely to be an inherant fault and would show up sooner or later.

Burnsy
 
Burnsy2023 said:
I would say that where it's such a common occurrance it's likely to be an inherant fault and would show up sooner or later.
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Millions are sold, not all break down, its been used for a period of time. Its used more for products that are still 'new' that break down.
 
At our store, we only send back to the supplier (not MS) to get a new replacement IF its the red ring of death, and its within 1 year of purchasing it from our supplier (invoice). Any other fault gets sent to MS no matter what the time period is unless its D.O.A.

edit: its usually the customers being damn lazy, and not wanting to phone MS themselves so we have to deal with it. i dont mind dealing with them when they are RRoD though.
 
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[DW]Muffin;10545004 said:
Millions are sold, not all break down, its been used for a period of time. Its used more for products that are still 'new' that break down.
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I couldn't disagree more. Not all break down, but a significant minority do, which indicates a manufacturing or design fault of some kind.

Burnsy
 
If you do go the MS route, it only took me 2 weeks to get mine back. And they don't do replacements now, they fix your console and send it back.

I have the exact same one.
 
When does the eyes of the law see a significant minority become an inherit fault, 40-50%?

Microsoft have put in place a system for fixing machines, above and beyond what they are expected to do, not so much admitting guilt to a shoddy product but ensuring the customer is not inconvenienced. If he was still refused at that store and did take them to court (for not giving him a new xbox [not not repairing it]), he would not win, and would also not win on the grounds its a faulty product as again millions have been sold.
 
helmet said:
Something like this:

"Hi, I've spoken to Trading Standards and they say the law is on my side. Please replace this or give me your head office phone number and address along with your name please".
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How about you just walk in with your receipt, be polite, explain the problem, and ask for a replacement? They are unlikely to be bothered and will probably swap it right away.

Whereas if you run in and demand a replacement and start quoting trading standards it hardly gets things off to a good start. Of course legally they are able to attempt repair of the console as its 7 months old, which means they can if they wish send it away to MS on your behalf..

Try being polite.
 
[DW]Muffin;10545073 said:
When does the eyes of the law see a significant minority become an inherit fault, 40-50%?

Microsoft have put in place a system for fixing machines, above and beyond what they are expected to do, not so much admitting guilt to a shoddy product but ensuring the customer is not inconvenienced. If he was still refused at that store and did take them to court (for not giving him a new xbox [not not repairing it]), he would not win, and would also not win on the grounds its a faulty product as again millions have been sold.
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I'm sorry, but it is an inherant fault (I'm trying to find a decent sauce) and even if it's not, a electronic product that lasts 7 months is NOT of satisfactory quality and is therefore breach of contract.

Burnsy
 
Burnsy I'm not exactly sure what point you are arguing here. Nobody is saying he isn't entitled to have his console repaired by the retailer (or an agent acting on behalf of the retailer).
 
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