PS3 Refund Saga - Me vs Sainsburys - HotUKDeals
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PS3 Refund Saga - Me vs Sainsburys

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Hi Dealers, Being one of the few people genuinely narked by Sony's removal of the PS3 'Other OS' functionality and in light of other users successfully requesting refunds from retailers, I contacte… Read More
Andysan Avatar
6y, 11m agoPosted 6 years, 11 months ago
Hi Dealers,

Being one of the few people genuinely narked by Sony's removal of the PS3 'Other OS' functionality and in light of other users successfully requesting refunds from retailers, I contacted Sainsbury's via email and explained my plight, referring to the EU Law detailing that goods must:

"Comply with the description given by the seller[1] and posses the same qualities and characteristics as other similar goods, be fit for the purpose which the consumer requires them[2] and which was made known to the seller at the time of purchase[3].


[1] This makes Sainsbury's as the retailer the responsible party.
[2] I required the use of OtherOS and the ability to play legitimately purchased games.
[3] This was an advertised feature of the Playstation 3 console which offered this functionality at the time of purchase.
Upon Sony removing the OtherOS functionality the product became no longer fit for purpose under [2] as shown above.
Upon Sony removing the OtherOS functionality the product was no longer as described by the Seller at the time of the purchase under [3] as shown above.


I received a slightly sarcastic voicemail stating that as the Other OS function wasn't listed on the product page when I bought the item [from the Sainsbury's website] I would not be offered any compensation, financial or otherwise.

Personally I think this is a bit of a weak argument - the Sainsbury's product page didn't mention that the console came with a power lead either but I know that the SKU includes one and thus I would expect them to provide a replacement a refund to the tune of the cost of a replacement should one have been missing.

Furthermore had I ordered the item over the telephone the operator wouldn't have read out the entire feature list to me, neither would they have any proof that they had. If I bought a Ford Mondeo online I wouldnt expect the description to state that the car has 4 wheels, yet I would expect it to as its a feature of the product.

I guess what I'm getting at is that if the product page doesn't detail the full functionality of the item I am buying then that's Sainsbury's problem, not mine and certainly not an excuse to shy away from their responsibilities as a retailer. Those are my thoughts, what do you guys think?

Thanks in advance.
Andysan Avatar
6y, 11m agoPosted 6 years, 11 months ago
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Comments/page:
[Moderator]#1
tbh I think Sainsburys will win, unless you take it to court, get a solicitor and fight your case there
#2
bigflump
tbh I think Sainsburys will win, unless you take it to court, get a solicitor and fight your case there


Yeah but before I progress with this do you think I am right or don't I have a case? Cant I utilise Trading Standards?
#3
I guess the main issue here is "are you that bothered about it to take it any further?" if the answer to that is yes then your options are limited, you could (as has been mentioned) take them to court but that would prove costly. Ive always found that just applying enough pressure can help, keep sending them letters, give them the examples you have gave on here (about cars and product desc etc). They may eventually give in!
#4
play them back with the same thing, try stating but no where on the site did it advise the features may change without notice,.You could try and advise them that when your product arrived that your SKU received clearly advised that the OtherOS was a feature ad included as such, if you knew that this feature was to be removed then you would of returned the goods but no where on the Sainsburys website did it advise that features may be removed without warning and as such Sainsburys had a legal right to inform you as they sold the product,

Jebus knows if it will work but ya never know!
#5
OK, cheers folks good advice. I guess I just wanted confirmation whether it was worth taking it any further. If I am technically/morally correct then I will pursue it, I just wasnt certain that I was.

Thanks!
suspended#6
Andysan
OK, cheers folks good advice. I guess I just wanted confirmation whether it was worth taking it any further. If I am technically/morally correct then I will pursue it, I just wasnt certain that I was.

Thanks!


What you could do is draft a letter to make it look like it was sent from a solicitor and try and scare them. look up some legal jargon to put in it and see what their response is.

If they tell you to basically go away, then you probably have no claim because their solicitor has probably told them as much
If they reply offering you a refund their solicitor has told them you have a case.

Either way it will tell you how strong your case is at no cost to yourself (apart from the envelope and stamp)

Hope this was in anyway helpful
#7
dh058977
I guess the main issue here is "are you that bothered about it to take it any further?" if the answer to that is yes then your options are limited, you could (as has been mentioned) take them to court but that would prove costly. Ive always found that just applying enough pressure can help, keep sending them letters, give them the examples you have gave on here (about cars and product desc etc). They may eventually give in!


Costly for a 15 year old with a paper round maybe? It costs about £30.
banned#8
so if they offered a full refund, would you accept it or are you just after compo?
#9
thesaint
Costly for a 15 year old with a paper round maybe? It costs about £30.


I mean costly in relation to the final outcome, after all would you want to pay £30 for the privilege of returning something?
#10
You have a very clear case against sainsburys mate, but I'm afraid that no matter how clear a case the customer has, when fighting the big guns they find their way around it, just chalk it up to bad luck, and if you still don't want the ps3 you could always try and sell it to recoup losses.

If it's any consolation the US government bought thousands of ps3s to create a massive linux machine for use for government things, so they must be pretty peeved as well.

engadget.com/2010/05/13/air-force-feels-afterburned-as-sony-clips-the-ps3s-linux-wings/
banned#11
dh058977
I mean costly in relation to the final outcome, after all would you want to pay £30 for the privilege of returning something?


if wouldn't cost a penny unless you lost
#12
colinsunderland
if wouldn't cost a penny unless you lost


Very true, but im assuming in this case he would prob end up losing wouldnt you think?
#13
If you want a good chance of getting the outcome you desire then post your issue on this forum: http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/

There are many legal experts on there who take time out to help people who need help with issues like this. They will help you draft letters etc. With their help you will likely get what you want.

Good luck!
[HUKD Blog Network]#14
Have you tried the CEO Justin King ( [email protected]">[email protected])

Sent an email to that address about a £70 toy id bought for my DD in the 1/2 price toy sale at Christmas time that had went kaput. Received a telephone call around an hour later asking if i wanted a replacement sent immediately or a £70 cheque ( I only paid £35) to buy a replacement elsewhere.
Received the toy a few days later by special delivery and a bouquet of flowers the day after that from Mr Kings office -worth a try maybe? Good Luck.
#15
Send them a letter ...

Explain that you'd like to be provided a letter in writing stating Sainsburys final position, that this letter is important because you need to establish a deadlock in negotiations. Allowing you to pursue the matter further through small claims court.

Say that due to the European Directive 1999/44/EC that you believe you have case for a full refund as:


“The goods must:

comply with the description given by the seller and posses the same qualities and characteristics as other similar goods

be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”


State that regardless of how Sainsburys advertises the PS3 - It was a advertised feature by Sony for the Playstation 3. Go further and explain in the letter as a comparison of the power plug.

This is a product which Sainsburys sold you, that this is directly the responsibility themselves due to the European Directive 1999/44/EC. Also that due to customers from Amazon receiving partial or full refund for their product, you feel the matter has merit and should be considered in legal setting if Sainsburys are unwilling to acknowledge that.
#16
here
To reinforce his claim he cited European Directive 1999/44/EC, a guideline which states that consumers are entitled to a refund should their purchased product no longer “meet the specifications set out in the guarantee statement or relevant advertising” during the first two years of ownership. Unfortunately for Sony, this law includes a clause which makes the removal of any feature initially advertised with the PS3 problematic, for anything up to six years after the consumer’s initial purchase.



Read more: http://www.ps3vault.com/ps3-owner-received-refund-after-%e2%80%98other-os%e2%80%99-function-was-cut-10814#ixzz0pIwXjfKR
#17
Sorry to wade into your thread OP, do I stand any chance if I got the console from ebay..and its out of warranty..I mean to take it up directly with Sony?...Just checking...
banned#18
saayinla
Sorry to wade into your thread OP, do I stand any chance if I got the console from ebay..and its out of warranty..I mean to take it up directly with Sony?...Just checking...


no chance, your contract is with the seller not sony.
banned#19
dh058977
Very true, but im assuming in this case he would prob end up losing wouldnt you think?


no, I would assume sainsbury's would settle out of court, unless they got loads of claims therefore making it cost effective to defend.
#20
spritey


Say that due to the European Directive 1999/44/EC that you believe you have case for a full refund as:



State that regardless of how Sainsburys advertises the PS3 - It was a advertised feature by Sony for the Playstation 3. Go further and explain in the letter as a comparison of the power plug.

This is a product which Sainsburys sold you, that this is directly the responsibility themselves due to the European Directive 1999/44/EC. Also that due to customers from Amazon receiving partial or full refund for their product, you feel the matter has merit and should be considered in legal setting if Sainsburys are unwilling to acknowledge that.


You need to look at UK law not a european directive, the sales of goods act covers us in the UK
#21
deanos
You need to look at UK law not a european directive, the sales of goods act covers us in the UK


While this is correct these regulations have been implemented by the Sale and Supply of Goods Regulations 2002
#22
if it wasn't advertised by them, then why are you asking for compensation from them?
#23
your mercedes has been turned into a robin reliant!!!!:lol:

its still getting you from a-b tho isnt it?

do similar products offer the same features?

was it advertised as having this feature on sainsburys site?
#26
My advice go and see the CAB after you have sent another letter or two. A quick phone call from the CAB may do it for you.......

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