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Tesco not refunding sealed games?

70
Found 16th Feb 2015
So, I was in Tesco the other day and decided I would buy a copy of a Minecraft for Xbox 360. I got back home and didn't open it as I had other things to do and the next day, I realised I didn't really want the game and that I should just return it. 2 days after originally buying the game, I was back in Tesco at the same counter hoping I could just get my money back as the game was sealed, still had the Xbox sticker covering the edge and all that. When I did ask the cashier for a refund, I was told that they could not accept the game and refund me for "copyright reasons" and that they would be only be able to exchange it for THE SAME GAME... I was quite baffled and showed that it wasn't open, it hadn't been used and that it seemed quite odd. We went back and forth, me trying to get a proper explanation when another cashier decided to chime in and say they couldn't accept the return for "data protection reasons". This confused me even more and they really were being quite rude. I was genuinely confused and, as far as I'm aware, I wasn't aggressive or demanding. They continued to explain that I could have copied the game and they wouldn't be able to resell it. Eventually, I just gave up and asked for a manager. At this point they sort of caved in and let me exchange it for another game. I really didn't think there would be a problem returning a sealed game. Were they just being awkward or is there some rule about returning games I'm not aware of?

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http://www.tesco.com/direct/help/returns-policy.page

Tesco returns policy...unsealed I can understand but as its all sealed there shouldn't be a problem...even a games console can be returned after x amount of days
I don't think any shop is obliged by law to refund or exchange purely on the strength of you changing your mind. I think those that do only do so as a goodwill gesture.

I stand to be corrected though.

Although their own T&C suggest that they should.
Edited by: "deeky" 16th Feb 2015
Original Poster
edandhen

They were being awkward. Tesco policy is that you cannot return … They were being awkward. Tesco policy is that you cannot return "unsealed" games. http://www.tesco.com/direct/help/returns-policy.page?icid=Fisher-Price%20Bright%20Beginnings%20Lights%20%20Sounds%20Table_Returns%20Policy_165400029



It wasn't a Tesco Direct order though. It was bought in store. I thought they were different?
Maybe try a different store?
Hence you should be able to return it as its sealed....I can't imagine them being different direct or tesco stores....read the receipt at the back
deeky

I don't think any shop is obliged by law to refund or exchange purely on … I don't think any shop is obliged by law to refund or exchange purely on the strength of you changing your mind. I think those that do only do so as a goodwill gesture.I stand to be corrected though. Although their own T&C suggest that they should.


Legally an unwanted item does not have to be accepted back by a retailer. If it is faulty different rules apply.
It's safe to assume the staff were either deliberately obstructive or they'd misunderstood the guidance they had been given during training. It could of course be someone in management is telling the staff porkies.
Original Poster
deeky

I don't think any shop is obliged by law to refund or exchange purely on … I don't think any shop is obliged by law to refund or exchange purely on the strength of you changing your mind. I think those that do only do so as a goodwill gesture.I stand to be corrected though. Although their own T&C suggest that they should.



You could call it an unwanted gift... to myself :-D

I just thought that it wouldn't be a problem as it could go back on the shelf. I do have a tiny problem with impulse buying but usually don't end up returning things lol.
it shouldn't be a problem. The staff were wrong. I returned a game to Sainsburys no problem a few weeks back.
In-store refund policy here: tesco.com/hel…aq/ (Product Information > Refund Policy)

------------------
I no longer want an item I've purchased, how do I Return/Exchange it?

If you change your mind about a product you've purchased from us, please bring the item back to the store along with your receipt, where we'll be happy to provide a full refund or exchange if the item is returned as sold (with the packaging intact and with all accessories) within 28 days. *Exclusions Apply

------------------

Unfortunately I can't immediately find details of those "exclusions". As above per deeky and OneDay77's post, for an in-store purchase I don't believe that retailers are legally obliged to accept returns; it's not the same as with online purchases where the Distance Selling Regulations apply.
Edited by: "Illusionary" 16th Feb 2015
deeky

I don't think any shop is obliged by law to refund or exchange purely on … I don't think any shop is obliged by law to refund or exchange purely on the strength of you changing your mind. I think those that do only do so as a goodwill gesture.I stand to be corrected though. Although their own T&C suggest that they should.

smizzlopi

You could call it an unwanted gift... to myself :-DI just thought that it … You could call it an unwanted gift... to myself :-DI just thought that it wouldn't be a problem as it could go back on the shelf. I do have a tiny problem with impulse buying but usually don't end up returning things lol.



deeky is correct as far as common sense suggests, but Tesco do seem to be beyond that at present!

In any case, it is not the retailer's fault that you have changed your mind. However, most stores, at the discretion of the store's manager, will refund you (provided you have an acceptable proof of purchase, or a credit note if this is not the case), but they are not obligated to do so.

The excuses about Data Protection, & copyright on a (factory) sealed product, or any other cobblers you were presented with just sounds like that store has an incentive to gain revenue at any cost (to the public). Perhaps some Tesco branches are on 'borrowed time', & those that under-perform may be closed soon.
stephenwhiddett

it shouldn't be a problem. The staff were wrong. I returned a game to … it shouldn't be a problem. The staff were wrong. I returned a game to Sainsburys no problem a few weeks back.



Was it a game you bought from Tesco you returned to Sainbury's?
Edited By: Illusionary on Feb 16, 2015 22:13

As above per deeky and OneDay77's post, for an in-store purchase I don't … As above per deeky and OneDay77's post, for an in-store purchase I don't believe that retailers are legally obliged to accept returns; it's not the same as with online purchases where the Distance Selling Regulations apply.



Now The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

[ legislation.gov.uk/uks…ade ]

I would go and try returning it again (if not same store them maybe try another store)....personally i wouldnt give a sheet what their excuses are, you should be entitled for a return if you have not opened it...

Tell them...

1) You bought it for someone as a birthday present but they already got given a copy so im returning it, that usually does the trick for me.
2) If they dont listen say, well i asked your staff before i bought it and they told me it could be returned so you are giving false information (customer is always right)... also you have not advertised anywhere on the games isle that the game cannot be returned once purchased.nor did i get told when purchasing the item..

If nothing happens...write a complaints letter to head office...
Edited by: "superspeedy" 16th Feb 2015
How bizarre......my hubby bought a ps4 game on offer for £20. He ordered another copy online and returned one to the store several weeks later but had lost his receipt. They let him exchange the game for the current price they were selling the original game at... £44.99! He got a new receipt and changed his mind again and got a full refund, making £25 cah profit!!
In Tesco!
Original Poster
superspeedy

I would go and try returning it again (if not same store them maybe try … I would go and try returning it again (if not same store them maybe try another store)....personally i wouldnt give a sheet what their excuses are, you should be entitled for a return if you have not opened it...Tell them...1) You bought it for someone as a birthday present but they already got given a copy so im returning it, that usually does the trick for me. 2) If they dont listen say, well i asked your staff before i bought it and they told me it could be returned so you are giving false information (customer is always right)... also you have not advertised anywhere on the games isle that the game cannot be returned once purchased.nor did i get told when purchasing the item..If nothing happens...write a complaints letter to head office...



I'm not that desperate to return it. I don't think anyone should lie to get their own way. If I genuinely don't have any right to return it, as most seem to think, I'll live with that but if Tesco staff are just being awkward, I'd like to think there's an honest way of dealing with this.
smizzlopi

If I genuinely don't have any right to return it, as most seem to think,



Don't get me wrong. After reading their returns policy I believe you do have the (goodwill) right to return it.
Avatar
deleted265520
Trumpet777

How bizarre......my hubby bought a ps4 game on offer for £20. He ordered … How bizarre......my hubby bought a ps4 game on offer for £20. He ordered another copy online and returned one to the store several weeks later but had lost his receipt. They let him exchange the game for the current price they were selling the original game at... £44.99! He got a new receipt and changed his mind again and got a full refund, making £25 cah profit!!



Someone messed up there. I wouldn't bet on that happening again.
Original Poster
deeky

Don't get me wrong. After reading their returns policy I believe you do … Don't get me wrong. After reading their returns policy I believe you do have the (goodwill) right to return it.



It does seem to suggest that it's all discretionary. Maybe I just caught them on a bad day. The stream of confusion flowing out of their mouths didn't help though. I know a lot of rules don't often make sense but the copyright and data protection rules they were making up were just nonsense.
I returned a little big planet ps4 game and exchanged it no problem without a receipt too and Tesco didn't ask any questions.
"They continued to explain that I could have copied the game and they wouldn't be able to resell it.". ooh they can't say that to you. this happened a while back in asda and the customer took asda to court for slander and won. also it is known for pirates to reseal games and DVD's with the right equipment.
I'd try another branch of Tesco OP. Sounds like they were feeling extra jobsworth that day.
smizzlopi

It does seem to suggest that it's all discretionary. Maybe I just caught … It does seem to suggest that it's all discretionary. Maybe I just caught them on a bad day. The stream of confusion flowing out of their mouths didn't help though. I know a lot of rules don't often make sense but the copyright and data protection rules they were making up were just nonsense.


You might find this helpful, alongside the discussion in this thread: which.co.uk/con…hts
You should have got a refund OP. Tesco were wrong, as it went against their terms and conditions. It's that simple.
As deeky correctly stated, shops don't have to give you a refund if you've changed your mind, but most will do as long as it's new/sealed etc. What I find most baffling are the reasons that the staff provided - copyright and data protection? They need to learn a bit more about what both actually mean.

If the game was unsealed, copyright might apply. I have no idea how they could have shoe-horned an explanation for data protection though. As oneday said, sounds like the staff must have received some sort of training on these acts/principles, but I presume they slept though the part about what they mean and when they would come in to force and how they should applied to daily Tesco life.

You should have gotten a refund in my opinion, but if you got an exchange/credit for something you actually wanted then fair enough.
Transformers

You should have got a refund OP. Tesco were wrong, as it went against … You should have got a refund OP. Tesco were wrong, as it went against their terms and conditions. It's that simple.[/quot[quote=Transformers]You should have got a refund OP. Tesco were wrong, as it went against their terms and conditions. It's that simple.



LOL
swashey

LOL


thanks for clearing that up fella...

http://2.bp.blogspot.com/-AJBx8DUvhHI/UD3wZ7siBDI/AAAAAAAAAGU/Ph7JstFExwE/s1600/The+Wire+-+Bunk+Moreland+Shaking+Head.gif
no, thats lidl m8
yawn!!


Edited by: "amis1975" 17th Feb 2015
marcb4617

Why spoil a thread about a game being returned to Tesco with a petty … Why spoil a thread about a game being returned to Tesco with a petty argument?



Yes, apologies to OP. I didn't come on here to spoil the thread, i just posted a comment & then found i had to defend myself again!!
amis1975

Get a grip. You need to take a chill pill.If you want to reply with … Get a grip. You need to take a chill pill.If you want to reply with abusive comments everytime i post, then i will retaliate.Don't spit your dummy if you don't like someone coming back at you!!


i made a factual statement about your behaviour and you didn't like it, your error not mine.
Banned
I just send the wife in on anything like this. Never fails.

I would write into Tesco though and complain, saying you don't expect to have to have an argument in store with cashiers. Then name them. With last line "how about some customer service Tesco?"

Should get you a voucher or two.
http://1.bp.blogspot.com/-h0vaRFG8AQM/U-581zGFCdI/AAAAAAAAVNo/rVDTF8HPE3A/s1600/calvin-hobbes-loophole.png
deeky

...brilly and you're off the hook X)



Not quite:

[ hotukdeals.com/fee…606 ]
Original Poster
Musician

I just send the wife in on anything like this. Never fails. I would write … I just send the wife in on anything like this. Never fails. I would write into Tesco though and complain, saying you don't expect to have to have an argument in store with cashiers. Then name them. With last line "how about some customer service Tesco?" Should get you a voucher or two.



I'm not really that bothered. I'm not the 'burn them at the stake' sort of person. I'd rather just not shop there anymore. If more people acted this way, they'd be up the proverbial creek wondering why they have to close stores because people don't want to shop there... Oh wait!
amis1975

Deeky - i admitted i knew what i was doing, yes was dishonest & sneaky, … Deeky - i admitted i knew what i was doing, yes was dishonest & sneaky, not illegal!!davey369 - dishonest, not illegal - in law, there is a big difference.




Let's keep to OPs topic please. Just forget about your Tesco experience and move on. Otherwise this will turn into spam.
deeky

Just 'scummy' now brilly and you're off the hook X)


i was waiting for your dictionary definition deek, lying is scummy though

fanpages

Not quite:[ … Not quite:[ http://www.hotukdeals.com/feedback/who-is-following-me-1923123?p=24433606 ]


i am sure you and others can see the irony involved in said mod chastising for insulting forum members
as well as the second dose of doing it whilst inferring parties involved were school kids

still.. at least the thread was cleaned as vastly more innocuous comments are and left open for further comments on a valid thread
oh wait..
marcb4617

Let's keep to OPs topic please. Just forget about your Tesco experience … Let's keep to OPs topic please. Just forget about your Tesco experience and move on. Otherwise this will turn into spam.


ops thread is dealt with - tesco staff were wrong to not refund as its their own policy to do so, also stupid for making up random excuses.
another example: i was told it was against the law for me to buy 2 packs of paracetamol and 2 packs of ibuprofen
brilly

another example: i was told it was against the law for me to buy 2 packs … another example: i was told it was against the law for me to buy 2 packs of paracetamol and 2 packs of ibuprofen



I know, how ridiculous. They even put a security guard at the end of each checkout to make sure you don't go back in, buy some more, and go to a different one to pay
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