Faulty Goods Question

Former Member

Ok I'm just posting this to double check my position as a consumer here.

I've got an Xbox 360 game. It's the second copy I've had to buy this year as both copies have developed a crack from inside the disc working its way outwards.

Now from what I've read so far under the Sales of Goods act 1979 and further amendments as I have the receipt and I did not damage the product myself I am within my right to ask for a replacement. Is this correct ?

I query this because it is one of those things that would be basically impossible to prove either way whether or not the consumer broke the product or now. Now I know I didn't break it but if the shop disputes this and tries to put the blame on myself as to how it broke, how am I protected, or, how do I deal with the issue then ? How do i enforce the consumer right because I know I didn't break it.

It is 6 months since buying this second copy and from what I read if the goods are within 6 months of purchase the retailer must accept they were broken at point of sale and work accordingly. But what if they do not stay within this law ?

I just want to be sure I know my rights in full in case they become arsey about anything.

Thanks

Former Member

I'd imagine that if it's an issue with that game, then the shop will know and understand you.

The same happened with Championship Manager back in 2003/4. We had loads of customers calling in with regards to that game disc.

Former Member

It's upto the manufacturer to prove the disc isn't faulty. Take it back.

Pearly

Hi, we've just updated this article specifically on the faulty goods angle, and so it may help you with your query.

Consumer rights

For more specific advice, take a look at this advice sheet from CAB.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm#your_rights_when_things_go_wrong

Hope that helps

Former Member

Thanks for the replies so far folks.

I'm about to read your updated article again Pearly but before i do i need to vent my anger.

I'm just back from there store. I explained my situation they had a look at it, and blamed me. Said because it was 5 months old and it was in my possession I must have broken it, didn't say it outright but in other words they said that.

They also said it wasn't a manufacturers faulty BUT IT IS Arrghh ! It broke inside the console and through no fault of my own nor me doing something to it, how can that not be a manufacturers fault. I explained i read up my rights and quoted them but they just disagreed.

They also phoned their customer services who did some amazing trick over the phone, saw my disc and agreed with there staff and said it's my fault too !

So here I am, very angry that whilst the law seems to side with me there is nothing I can do and they are blaming me.

I don't want to leave it at this though. I want to take this further because, I feel, if it happens now it can happen at other times and even if discs kept breaking through not fault or the users own the shops are going to keep blaming the person with the product.

ETA : I also wanted to point out that the guy I was talking to had the cheek to say that after 5 months it's down to wear and Tear ! Products should last upto 5 years in Scotland. It's hardly fine that a product breaks after 5 months and " Oh tough shit its wear and tear after 5 months ".

Can I just ask something. I paid for this game on my visa debit card. I don't suppose that has any protection for me does it ? Stupid to ask I know but got to chase down every avenue

Bunnie

its not Call of Duty is it? i know a lot of the early pressings suffered from this, as did a lot of other early 360 games, its down to the cases not the disks.

i'm sure if you contacted the publishers they would swap it, even some swap scratched disks for a small fee.

this is koe btw, just noticed im logged in as bunnie

Former Member

Bunnie wrote: »

this is koe btw, just noticed im logged in as bunnie

I did find it slightly strange that Bunnie was talking about X-box games.

To the OP was it a crack or a scratch on the disk? Because thats happened to me before. I didn't take it back because I couldn't remember if it was bought like that or I did it.

Former Member

Bunnie wrote: »

its not Call of Duty is it? i know a lot of the early pressings suffered from this, as did a lot of other early 360 games, its down to the cases not the disks.

i'm sure if you contacted the publishers they would swap it, even some swap scratched disks for a small fee.

this is koe btw, just noticed im logged in as bunnie

Your alright lol. Erm it's Rainbow 6 Vegas, twice, 3 if you count my mates copy having done had the same thing happen to his copy.

It's what I would call a hairline fracture within the disc itself, on both copys of it. You can see it's cracked from the inner circle making its way outwards though you can't really tell from the disc itself outwardly that it's cracked inside the disc until you hold it upto the light it hold it in a certain way so light gives you a better view of it.

I've got the phone number for the local trading standards office so i'm going to give them a try tomorrow but also I'm thinking of contacting Ubisoft as well because there is obviously something not right with that game as it's the only one it's happen to me with, my mate and i don't know of anyone else who has suffered a cracked game in this way..

I've actually checked on the trading standards website, got a section saved so if need be i can print it off and take it to the shop to prove that I am definitely right and they are wrong.

I also think its bang out of order that they basialy accused me of breaking it. They did nothing to prove I could have broken it when they should have. All the did do was to look at the crack and blame the consumer, me in this case.

Former Member

the problem i was referring to involved cracks starting from the centre holding disk thing, so sounds like the same thing, the cases were a bit funky or something and when they are in the machine with all the spinny stuff it forces the disk to stretch and then crack.

i think you're in the right to get a replacement.

i'd seriously consider calling ubisoft tho, like i say they will usually swap them for you if you have no joy.

Former Member

Hm, it does sound the same.

Would that be considered a manufacturers fault though ?

ETA: why, I wonder, does it only happen to this one game as well...

Koe do you have any links you can provide me regarding the issue of the cases causing cracks in games ?

Former Member

faulty batch?

Former Member

i was just searching from where i seen it, i think it was on another forum i go on thedvdforums.com have a look over there.

just came across your thread on digitalspy to

Former Member

So I rang my local council consumer services number who put me through to a very nice lady at Consumer Direct. I explained the situation to her, she read back the consumer law to me and explained the next step is to write a letter to them, short & to the point, recorded delivery.

If they don't respond call CD bac up, they've given me a ref number and have all my details, and they will pass it onto trading standards.

I have to go to work right now so I can't do the letter now. Wont get a chance until tomorrow now at the earliest but at least it's on record with Consumer Direct I've been in touch taken advice.

I know, feel then, writing to the company won't do a thing but it's the next step so I'll folllow the rule book all the way.

Former Member

koe_182 wrote: »

i was just searching from where i seen it, i think it was on another forum i go on thedvdforums.com have a look over there.

just came across your thread on digitalspy to

Ahh another DS reader