Repair or Replacement?

[Magro101]

Just the other month I purchased an xbox 360 elite. Upon trying to start it for the first time, I had a power supply error. Called microsoft, they sent a replacement. Using that new one I got an error of either power supply or console (Its not narrowed down). Upon calling Microsoft again, they wanted to take it in for repair but managed to get another power supply out of them just in case. Same problem again. Now they'll obviously take it in for repairs.

However, my question is this: Seeing as the console was DOA (Dead on Arrival), Microsoft want to take it in to be repaired (its the classic "Ring of Death"), however, would I have the grounds to ask/demand a replacement console instead? If I had used it for a while, I'd accept the repair, but seeing how it has never worked, I'd much prefer the assurance of getting a replacement.

Any Info regarding trading standards practice etc that I could bring up on the phone would be great.

Cheers in advance.

[Tipex]

Forget Microsoft, just return it to the shop you bought it from, and demand a replacement.

[Magro101]

It's been over a month so not entirely surely where I stand with that? (Got a month to return items with Play.com iirc). Sad thing is its only taken this long to sort out as I've rarely come home from Uni since I bought it.

Theres no return option on the site, so I guess I'll have to call them and see where I stand. Fairly sure I called Microsoft the day I got it with a complaint, so if they can get a hold of that info I may be in with a shot with Play...

Cheers mate, will let you know how I get off with Play.

[Busby]

Forget Microsoft, just return it to the shop you bought it from, and demand a replacement.

What he said

Definitely worth a try. Call Play rather than e-mailing them as you're more likely to get a favourable response.

Your only possible sticking point is that once you have accepted an initial repair you are not actually entitled to a replacement afterwards. Having said that there is a strong argument to say that trying a new power lead wouldn't constitute a repair. When you call, tell them that it has never worked and that you have tried a couple of new power leads to try and solve the problem before involving them - this is why it has taken you a few weeks to tell them about it. If they get shirty and say you only have 28 days to return it you can politely point out that under consumer law there is no set time limit for the replacement of goods that are considered to be "not of a merchantable quality" or "fit for purpose". As what they sold you fell down on both counts it only seems reasonable that they replace it.

Good luck

[Magro101]

under consumer law there is no set time limit for the replacement of goods that are considered to be "not of a merchantable quality" or "fit for purpose".

Think I may have to quote that line exactly, as I'm fairly positive they'll try to use the 28-day "rule" on me. Cheers both, will update after I give them a call tomorrow

[Tipex]

You have 1 year to take it back, it's only after the first year that a store can refuse to replace the item, whatever their T&C's state, they cannot override consumer law.

[theduisbergkid]

Don't be fobbed off either, your contract is with the company you paid (Play), not the Manufacturer.

[Magro101]

So, they're willing to look into it, however, due to Microsoft replacing the power supply, apparently theyve taken part responsibility, so I have to give details (emails) of what theyve done and what is faulty. Wasnt entirely sure where that stands, but I tried to argue against it but didnt have any more to go on. Guess I shouldnt have mentioned to whole microsoft thing and should have just said it was some sort of present which I only just recieved

[Sponge]

I have the feeling as you've involved the manufacturer rather than go straight to the retailer it places you on slightly wobblier ground, as you've discovered.

For the record, any fault that develops within 6 months is deemed to have been present from the start and it's down to the retailer to prove otherwise, i.e. it's not down to you to prove there is a fault. Past 6 months, it's the other way around.

You can ask for a replacement, but the retailer can opt to repair instead. It's their call. Many retailers will simply replace within such short periods, but I fear Play won't be one of them. My experience of Play in such circumstances is not very good.

Edited May 13, 2010 by Sponge

[Magro101]

I've had a reply, and it seems they're willing to replace. However, I've run into another problem.

The purchase was of a Bundle - ie, Console and Games. Seeing as I have an older Xbox, I naturally used the games, but they have to be sent back with the console. Unfortunately I'm back in Uni and so won't be able to give them a call back til next week to find out where I stand with this, but legally they should still have to replace the console, even if their contract is to return the games too?

[Magro101]

Ok, so some good news and some bad news...

Because the bundle is no longer available, theyll take it all back (including used games) and issue a refund. Collection has been arranged.

Bad news? Invoice has gone walkabout. (Don't you just love overzealous 'rents...)

Correct me if I'm wrong, but I should still be able to return them without an invoice? Theres proof of purchase on their site (Order history, Order ID, etc etc), and as far as im aware, thats all the invoice is used for?

[Busby]

Ok, so some good news and some bad news...

Because the bundle is no longer available, theyll take it all back (including used games) and issue a refund. Collection has been arranged.

Bad news? Invoice has gone walkabout. (Don't you just love overzealous 'rents...)

Correct me if I'm wrong, but I should still be able to return them without an invoice? Theres proof of purchase on their site (Order history, Order ID, etc etc), and as far as im aware, thats all the invoice is used for?

Thumbs up to Play for handling this really well. You should be able to log into your account and print a new invoice out or ask them to e-mail one to you!

[Magro101]

Thumbs up to Play for handling this really well. You should be able to log into your account and print a new invoice out or ask them to e-mail one to you!

Yeah, definitely. I wasn't expecting them to handle it so quickly if im honest.

As per the invoice - I gave them a call back earlier, and as I already have a returns number / printout, there's no need for an invoice, so no problems on that part either.

Cheers for the input, you all possibly saved me from a lot of hassle!

[Sponge]

Great news that it's all been sorted to your satisfaction.

I'm rather surprised they've been so reasonable, to be honest. I've been to hell and back with Play on more than one occasion and now only shop there as a last resort.