UK Gaming Laws

Discussion in 'Playstation Forums' started by valhalla, Nov 1, 2005.

  1. valhalla

    valhalla
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    I purchased a game on the high street from an independent retailer, and I was wondering what the UK laws are for selling imported games?

    I don't have a 'chipped'/modified PS2, therefore it won't play.

    I want some printed documentation to take to them to force them to give me a refund, if it is, of course, illegal.

    Any ideas where I might find this, whether it was legal to sell me the game or not? I've tried searching but it's so far proved fruitless.
     
  2. bossc@

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    Have you actually contacted the shop about it first? It doesn't say in your post. If so, what was their response.

    Was this sold as a new game or was it 2nd hand?
     
  3. valhalla

    valhalla
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    Sorry - sold as a new game. UK cover, contacted them by phone, and they said no chance of a refund. That's why I want to go threatening them!
     
  4. davet010

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    I would have thought you could get a refund on the grounds that the game is not fit for purpose - if it cannot be played on a UK PS2, then it is not fit for use.

    I'm surprised any shop had them in at all, as the legal status of chipping and soft mods is always under challenge. In any event, the seller should have confirmed to you at the point of sale that the game was an import, and enquired as to whether you had an appropriately modded machine to use it.
     
  5. valhalla

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    Which they didn't.

    So does that mean it isn't actually illegal to sell these games in the UK? "Legal status of modded machines is always under challenge" - this suggests that what they did is legal, right?

    It's just my word against his in that case - I can't prove he didn't tell me that it was an import, he can't prove I didn't know.

    Cack.
     
  6. Mickus

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    Why not contact your local trading standards office and get them to do the foot-work for you?

    http://www.tradingstandards.gov.uk/

    Enter your post code your you nearest office.
     
  7. valhalla

    valhalla
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    I suppose I like confrontation. ;)

    Seriously, I will do that, thanks. I would like some paperwork to take down to them though, otherwise I'll purchase another game to check if their entire stock are imports.
     
  8. DancingJester

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    What a crock!! Honestly bad store not giving you a refund. Just a thought but have you tried to contact anyone at Sony? I rekon they would be fascinated to learn that their distribution channels are being messed up like this ...

    Failing that I find if you go into the store and shout loud enough people usually see your point of view ....
     
  9. dodger747

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    Just go in and demand a refund under the 'Sales of Goods Act 1979'

    The shop might not know what it is but they'll think you know your stuff. A good old threat to the usual channels ie: Sony, Watchdog, trading standards etc always seems to go down a treat.

    Speaking to the manager/owner is always a bonus aswell :thumbsup:
     
  10. valhalla

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    So, it IS illegal?

    I don't want to go in only to find there is a loophole or something. The guy I spoke to last time is the owner, and the only member of staff. He said over the phone, when questioned about the legality of his trade, 'I think you'll find it's legal, mate'.

    That's why I'm asking, tbh. Look a bit of a knob if he flashed a bit of paper in front of me stating it is okay...

    Failing that, I am planning to go in and shout a bit, get my refund (I hope), THEN go to Trading Standards, Sony, etc.
     
  11. dodger747

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    I think under the above act, all goods must be clearly labelled and functioning. Clearly it isn't functioning.

    Not sure about the legality of imports but Sony were trying their best to stop PSP imports over infringement of copyrights, so I guess it stands for other formats?

    It also gives you the right to a full refund within a set amount of time[either 14 or 28 days] so all the shops with 'Sorry No Refunds' are actually breaking the law.

    Just remember to stand your ground, quote the sales of goods act,the consumer is always right, and don't accept no for an answer :cool:
     
  12. dodger747

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    Right from the govs webby:

    http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm

    I take it the box did not say import. If it did not then you will be able to get a refund.

    As above just stand your ground, you are within your rights to ask for a refund
     
  13. CAS FAN

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    It's not illegal to sell imported games as lots of indi shops do retail imports, however it's illegal under the sales of goods act to sell say a Japanese game in a UK box as the item you are buying is for a different use to that described on the box. Just like if you bought a box of Thorntons chocolates only to find that the box was full of nuts and bolts!

    They have no grounds what so ever not to give you a refund. I guess that proving that the imported disc actually came from the shop may be the tricky bit.
     
  14. Munkey Boy

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    Valhalla - I've been talking to my wife (she is a Trading Standards Officer) and from what you've said you should certainly be entitled to a refund as they have mislead you as to what you were buying, and it certainly is not fit for purpose. If they have put a foreign game in UK packaging this is a misleading product indication, and as such is actually a criminal offence if proven in court. You can go to them with this information, and threaten them that if no refund is provided, you will go to Trading Standards who will take the case further.

    You should really report them to Trading Standards no matter what anyway, as it's more than likely you're not the only one being mislead here, so you will be doing any potential customers a favour. Like Cas says, selling imported games is legal, but they need to be advertised as such - ie. it should not be in UK packaging.

    The only defence the shop could try and pull is that the game has not been released in this country and therefore being a specialist shop you as the customer should know this. If it's in US packaging (which is of course also English) and not released in this country, then they could possibly argue this point. In this case a shop with good customer service should still refund you, even though they don't have to.

    Trading Standards will not legally be able to get you a refund - this is not their remit. If the shop still refuses to refund, you would have to take it to small claims court. Trading Standards can only act against the shop as the criminal matter of being a misleading product indication.

    Hope this clears some points up for you!
     
  15. valhalla

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    Just wanted to update you - took a copy of this thread into the shop...

    ...and got a refund immediately! I have been 'barred' though!
     
  16. WelshBluebird

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    what reason did they give for barring you? You didn't do anything wrong, you just exercized your consumer rights, which you have by law. I'd go in they anyway, they can't legally bar you unless youve caused touble or were stealing something, etc.
     
  17. Munkey Boy

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    Good job! Like you'd go there again anyways?!? Can I just say this again Valhalla:
    ...please do report them for the sake of other potential customers! Should only take 5 mins.
     

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