Any advice appreciated !
My xbox360 disc drive just started to not read any discs a couple of days ago. I was playing Gears of War & then the game froze and I got the following message "unable to read disc, please clean the dis & then restart console" I tried this with no luck I than tried 5 other games, dvd and a music cd and nothing is being read. The 360 acts as if there is not a disc in the drive and just says "opey tray" on the dashboard (I can play demos I have off the harddrive but disks). I cant believe that this happened because I look after expensive things and my 360 hasn't had one knock, tap or anything done to it. Its positioned in a well ventilated area. I looked on the internet and there seems to have been loads of ppl who have had the same problem. I followed the trouble shooting steps on there support website but this hasn't solved anything.
I brought my 360 in November 06 from blockbusters (4 months ago) and I still have my receipt. I want to take it back to blockbusters and exchange it for a new one but don't want to end up looking like a idiot telling them they have to exchange my 360 when they don't, plus Im not normally one to kick up a fuss and get angry. Im still in the warranty period for Microsoft to do something but I heard that if they don't sort your one out they just end up sending you a refurbished one, normally an older build that they replaced and repaired from there 1st batch of replacements. So I would much rather exchange in store
I phoned up a blockbuster store to enquire about my 360 not working (not the store I bought it from) to see what they would say. I spoke to an employee who told me that if I had bought a 2nd hand one that I would have had a 6 months guarantee with it, but with a new one you have 14 days where you can return it. He then put me onto the manager, I explained the problem he asked when I bought it, I said November. He said that I would need to contact Microsoft under the warranty and I asked if that's all I could do he yes, the best thing is to contact MS.
But thinking about it isn't my xbox 360 faulty so I would have additional rights. I got this off DTI website, could I use any of this to get exchange my 360 for a new one.http://www.dti.gov.uk/consumers/fact-sheets/page24700.htmlhttp://www.dti.gov.uk/consumers/fact-sheets/page24700.html
Let me know if I should edit and delete below as this is some of the info in the link just above ?
Sale of Goods Act Fact Sheet
URN No: 05/1730
Subject: Sale of Goods Act, Faulty Goods.
Relevant or Related Legislation: Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.
Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.
Frequently Asked Questions (FAQs)
Q1. What is an inherent fault?
Q2. Do I only have rights for 30 days after purchase?
Q3. Do all goods have to last six (or five) years?
Q4. I know I can demand my money back within a "reasonable time" but how long is that?
Q5. After the "reasonable time has passed", what can I do?
Q6. Is it true that I have to complain to the manufacturer?
Q7. Do I have to produce a receipt?
Q8. Can I claim a refund on sale items?
Q9. Must I accept a credit note instead of a refund?
Q10. What can I do to claim damages or if the retailer will not honour my rights?
Q11. The retailer has claimed that a repair is "disproportionately costly" and insists I accept a replacement as an alternative. Must I accept this?
Q12. Neither repair nor replacement are possible. What can I do?
Q13. What will the "reversed burden of proof" mean for the consumer
Q1. What is an inherent fault?
A fault present at the time of purchase. Examples are:
an error in design so that a product is manufactured incorrectly
an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.