Consumer rights question

Gilli01

Active Member
What are your consumer rights when it comes to games?

Bought a game last week for the kinect and its rubbish. Gave it a few goes, very unresponsive; doesnt flow or have the same reactions like the other games so I want to return it. Can I walk back into the store and return it based on the fact that its no good?

Cheers
 

mattclarkie

Novice Member
You could argue it isn't fit for purpose, but that is very unlikely to wash if the game works. The distance selling regulations would allow you to return it for a restocking fee, but I don't think that applies to a highstreet store even though you are unable to inspect the product prior to purchase.

The only way to get the money back is trading it in, a Kinect game probably gets back most of it's price at the moment.
 

Munkey Boy

Distinguished Member
I believe games are exempt from the distance selling regulations actually. I think unless the game is broken or doesn't work then you're not legally entitled to a refund/exchange.

Interestingly though, I've read about people making the case that if certain aspects of a game can be shown to be broken (such as online not working for example), then you could argue it's not fit for purpose if that is a reason you bought it for and so you would be entitled to a refund.
 

DJSigma

Banned
Section 13(1)(d) is the relevant part of the Distance Selling Regulations: -

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

(b)for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c) for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(e) for the supply of newspapers, periodicals or magazines; or

(f) for gaming, betting or lottery services.
A brick and mortar store is under no legal obligation to take a game back either, whether it's been opened or not, although some will if the game is unopened.

If the game is that bad that you'll never play it (Game Party In Motion, by any chance? :D) then I'd stick it on eBay or sell it on here, so you can at least get some of your money back.
 
Some stores are better than others at letting you return games. Game applies the following rule to the letter. "All products must be returned with the original packaging." Since you would have broke the game seal then they class that as opened.

You could go with the all time classic your child got 2 of then as a birthday gift. Maybe you could borrow a random kid from a family member to play along with you. Just go for the weak staff member. Also kick the kid in the shin just before you go into the store that will help with the tears ;)

Asda are excellent with returning unwanted stuff.
 
Diffulcult to take back now, as almost gamers are seen as pirates. Although try and plead your case or try to exchange for another!! or pre owned game exchange if not auction it.
 
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Goooner

Distinguished Member
Some stores are better than others at letting you return games. Game applies the following rule to the letter. "All products must be returned with the original packaging." Since you would have broke the game seal then they class that as opened.
Wasn't it great back in the day when Game were one of the best reatailers out there, they'd let you return a game for any reason whatsoever (opened or not) within 10 days. I'm sure it must have been horrendously abused though, which is probably why they stopped doing it.
 

redboy1

Well-known Member
Wasn't it great back in the day when Game were one of the best reatailers out there, they'd let you return a game for any reason whatsoever (opened or not) within 10 days. I'm sure it must have been horrendously abused though, which is probably why they stopped doing it.
:clap:WooooooooW , i was about to post the same thing, It used to be GREAT!
Must admit on a couple of occasions i Bought a game :thumbsdow Crap, Take that back:thumbsup: Tried a different one :thumbsdow Crap, Took that back:thumbsup:
Never went past three times though :)
 

AdsterUK

Active Member
The distance selling regulations would allow you to return it for a restocking fee
Its illegal to charge a restocking fee when something is returned under DSR.

Sorry, I had to comment on this independently of whether games are covered by the DSR. Winds me up no end when websites try to insist on restocking fees. I'll get back off my horse now :D
 

mattclarkie

Novice Member
Its illegal to charge a restocking fee when something is returned under DSR.

Sorry, I had to comment on this independently of whether games are covered by the DSR. Winds me up no end when websites try to insist on restocking fees. I'll get back off my horse now :D

Reading the DSR it seems that it is completely illegal, seems a bit harsh on the retailer to accept opened goods with no fee just because you don't like it.


[-]I believe that if the item is opened (under the DSR you can return open products) they can charge a reasonable restocking fee of a few £, say £5-10 to restock a TV. In the case of an unopened item then it is not permitted to charge a restocking fee.

If you can provide me with the article stating that any restocking fee is illegal I will gladly retract my statement. Like you I get annoyed when companies charge £50 to restock an item, which is ludicrous.[/-]
 
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Earlyflash

Novice Member
I believe games are exempt from the distance selling regulations actually. I think unless the game is broken or doesn't work then you're not legally entitled to a refund/exchange.
I thought that this was only true if the media had been opened. Not sure where I got that opinion from though.
 

mattclarkie

Novice Member
I thought that this was only true if the media had been opened. Not sure where I got that opinion from though.
Argos excluding it from their 16 day money back guarantee. I've always been sceptical on how legal that is if you wanted to return it unopened within 5 minutes of buying it.
 

Earlyflash

Novice Member
Argos excluding it from their 16 day money back guarantee. I've always been sceptical on how legal that is if you wanted to return it unopened within 5 minutes of buying it.
Even via Home Delivery, or just from shops? I'm not sure that's right, but wouldneed TS or ConsumerDirect (whilst they still exist) opinion.
 

Earlyflash

Novice Member
Found a quote:

"Return to top
Exceptions to the right to cancel

Unless the parties have agreed otherwise, the consumer will not have the right to cancel in respect of certain distance contracts. This applies to the following contracts:

* for the provision of services, if the performance of the contract has begun with the consumer's consent before the end of the cancellation period and the supplier has provided the written confirmation and additional information (including information that the cancellation rights will end as soon as performance of the contract begins);
* for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;
* for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);
* for the supply of audio or video recordings or computer software which were unsealed by the consumer;
* for the supply of newspapers, periodicals or magazines; or
* for gaming, betting or lottery services.
"

Highlighted an important part.

Source: The UK's Distance Selling Regulations | OUT-LAW.COM by Pinsent Masons LLP
 

jdevil

Distinguished Member
Try selling it on the forums or Cex, they will not take it back.

Rather get some money in return before price drops.
 

koalauk

Standard Member
Yeah I remember those days people bringing the Music cds back to the stores as well and changing them etc long gone looong
 

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