Query about receiving open box item when it's supposed to be new?

21
Found 26th Apr 2016
Last week I bought a brand new ps4 console from GAME. When it arrived the box was a right state, the official ps seal was missing and a GAME sticker was in it's place. I took a few photos. The contents of the box shifted around when I picked it up so it wasn't packed properly. When opened the ps console was alright, had a few hairs on it. The accessories were all opened. Some of them not even in a bag or resealed. The manuals were wrinkled and bent. Looked like someone had sat on them.

I complained to GAME and they said
"Under the distance selling regulations, items can be purchased online and returned as long as they are only opened for inspection.
The console you received wouldn't have been used or refurbished, but one that was returned and then sold again as it is still classed as new, not untouched.
In this instance, all that can be done is a refund if you return the item to us as long as it's still not been used."

They are now saying I can't return it to store and have to send to their warehouse with a covering letter and pay for the postage which they will reimburse. So absolutely hassle free for me then...

So my question is are they having a laugh? Condition "as new, not untouched" makes absolutely no sense. Absolutely no way under Trading Description Act can you sell me an item describing it as brand new when it has been opened and returned to you. I have lodged a complaint with Trading Standards and asked them to enter into a negotiation with the ADR Scheme. Despite them offering a refund (if unused! the cheek of them!) I have asked them for compensation as they have no more stock of the console and I want to keep this version.

Anyone have a similar experience or give me any advice?
Community Updates
21 Comments
"give me any advice"

Yeah, don't buy from Game. They are an utter joke! Well from my experience anyway.

But in seriousness that is all you can expect really. They have offered you a full refund and to reimburse for return postage fee's which is in accordance with the regulations. They have fulfilled their legal duties by offering that even if their response is somewhat unjust. They don't have any legal obligation to offer a partial refund or any compensation.

If that was the case everyone would be getting compensation for errors made due to the inconvenience.

My advice would be to just return the console for a refund, buy elsewhere and leave a nice review on their Facebook page and a few review sites to warn others. Unless you specifically need to buy one from Game? There are many other places to buy a Playstation.

Edited by: "joshp" 26th Apr 2016
aye, bandy a few letters back and forth and see if ye can get a 30quid or so game voucher as compo.

normally id advise just sending it back and getting your refund + postage refund (pain in the **** as it is) but as you say you actually want/need that version and they dont have a replacement...therefore feigning absolute outrage and disgust and a bit of slabbering on their facebook page should get you some compo...which will likely be in the form of a gift card
Edited by moderator: "." 27th Apr 2016
No harm in trying.
You can ask for compensation however they are not legally obliged to offer you it as they have offered a full refund and return postage.
jonnybravo99

aye, bandy a few letters back and forth and see if ye can get a 30quid or … aye, bandy a few letters back and forth and see if ye can get a 30quid or so game voucher as compo.normally id advise just sending it back and getting your refund + postage refund (pain in the a*se as it is) but as you say you actually want/need that version and they dont have a replacement...therefore feigning absolute outrage and disgust and a bit of slabbering on their facebook page should get you some compo...which will likely be in the form of a gift card


I couldn't read that without putting on a false Scottish accent in my head!
Edited by: "preecey" 26th Apr 2016
preecey

I couldn't read that without putting on a false Scottish accent in my … I couldn't read that without putting on a false Scottish accent in my head!



Ive just read it again and I couldn't help but do that too now you've said it hahahaha
It should state NEW OTHER if it was a return resold. Contact trading standards and they will tell you your legal right's. Hope all goes well.
Seal should not have been tampered with - get a refund and buy from a store that doesn't tamper with New stock. Back in the day Electronics Boutique where good. Gamestation where good and more geeky than Game. Game are now utter sh*te

bit racist saying it should be said in a scottish accent when it clearly should be in an oirish accent

preecey

I couldn't read that without putting on a false Scottish accent in my … I couldn't read that without putting on a false Scottish accent in my head!


They have offered a full refund (albeit with you firstly paying postage then being reimbursed).

Have you decided you would prefer to keep the console should they offer you £x refund?

IF thats the case, return it to your local store and ask them?

If that fails to bring a conclusion, ask instore for a prepaid returns label for returning the console, meaning you won't be out of pocket.
taiko

bit racist saying it should be said in a scottish accent when it clearly … bit racist saying it should be said in a scottish accent when it clearly should be in an oirish accent



​correct....or "dead on" as we say
Original Poster
andynicol

They have offered a full refund (albeit with you firstly paying postage … They have offered a full refund (albeit with you firstly paying postage then being reimbursed).Have you decided you would prefer to keep the console should they offer you £x refund?IF thats the case, return it to your local store and ask them?If that fails to bring a conclusion, ask instore for a prepaid returns label for returning the console, meaning you won't be out of pocket.


Do they give you prepaid labels in store?
aaronmcc

Do they give you prepaid labels in store?



I'd push for at least that if they failed to refund in store, as according to there returns policy online purchases can be returned to your local store.


Game returns policy

'Items bought online can still be returned for FREE to your local GAME store – as long as they were bought from GAME, not a Marketplace seller. We are unable to accept Marketplace orders in-store.'
Original Poster
joshp

"give me any advice"Yeah, don't buy from Game. They are an utter joke! … "give me any advice"Yeah, don't buy from Game. They are an utter joke! Well from my experience anyway. But in seriousness that is all you can expect really. They have offered you a full refund and to reimburse for return postage fee's which is in accordance with the regulations. They have fulfilled their legal duties by offering that even if their response is somewhat unjust. They don't have any legal obligation to offer a partial refund or any compensation. If that was the case everyone would be getting compensation for errors made due to the inconvenience. My advice would be to just return the console for a refund, buy elsewhere and leave a nice review on their Facebook page and a few review sites to warn others. Unless you specifically need to buy one from Game? There are many other places to buy a Playstation.


Cheers for the reply. Unfortunately I have store credit which I used to buy it. It's the limited edition red, black and gold version. Think I might just have to give up on it as the hassle of trying to get compensation vs a refund is rather large.
aaronmcc

Cheers for the reply. Unfortunately I have store credit which I used to … Cheers for the reply. Unfortunately I have store credit which I used to buy it. It's the limited edition red, black and gold version. Think I might just have to give up on it as the hassle of trying to get compensation vs a refund is rather large.



Compensation for what exactly?

They supplied a used product instead of a new one in error.

They have offered full refund.

Its not the end of the world, get your refund and shop elsewhere..

Have you enquired in your local store as to refund/returning instead of having to post yourself?

Edited by: "andynicol" 28th Apr 2016
andynicol

Game returns policy'Items bought online can still be returned for FREE to … Game returns policy'Items bought online can still be returned for FREE to your local GAME store – as long as they were bought from GAME, not a Marketplace seller. We are unable to accept Marketplace orders in-store.'


The other day I went to return a game that I bought online because it kept on freezing. They said and I quote "You have to get it refunded online, because that's where you bought it from, not in-store"
Rid1

The other day I went to return a game that I bought online because it … The other day I went to return a game that I bought online because it kept on freezing. They said and I quote "You have to get it refunded online, because that's where you bought it from, not in-store"



They don't always refund in store for online purchases, but they allow you to return online purchases in store.

Clearly states that in there returns policy.
Get a refund and buy elsewhere. Don't accept store credit either unless they can supply a new item.
jr007

Get a refund and buy elsewhere. Don't accept store credit either unless … Get a refund and buy elsewhere. Don't accept store credit either unless they can supply a new item.



The OP bought it with store credit.
Original Poster
I just returned it in the end and got a much better bundle with Rachet & Clank, extra controller and Now tv for £10 less.
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