Xbox360 not working, 4mths old, what are my rights if any to exchange in store?

    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.……tml

    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.

    Key Facts:

    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.



    I'd take it to Blockbuster and see what they say- I'm pretty sure you get a 12 month manufacturers warranty... see this thread


    Take a note of console number / serial number before you go to the store

    Original Poster

    yes I got the 12 month manufacters warranty from microsoft. But I would rather take it back to blockbusters and exchange for a new one if Im in my rights, rather then sending it of to MS and end up gettin a old refurb and also having to wait. But speaking to the manager on the phone yesterday it seems like I wouldnt be able to take it back to store.

    mine got the dreaded 3 lights of death i sent it off to ms and got a refurb console i wasn't happy and it broke again about 6 weeks later i took it back to currys and they exchanged it on the spot for a new console, as all the details were on system, i'd take it back with your reciept and demand a new console

    • It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

    Thats essentially the cutting point there, the contract is with the place you bought the console from. Microsoft would deal with the matter if you went straight to them, but the store has ultimate responsibility to replace the goods when its within the warranty period. Ive certainly heard of people taking their defunkt consoles back to game/currys/etc etc and getting them exchanged without a prob

    Original Poster

    I just phoned the blockbuster store that i bought my 360 from. I spoke to a guy called Steven @ 5.50pm (just a reminder for myself) and explained that I bought an xbox from them that had stopped working. He asked when I had bought it, I said November. He then said that blockbusters guarantees it for 2 months and after that, that I would have to use the warranty that came with the system and send it back to MS.

    I told him that my contract was not with MS but with blockbusters and that my 360 had not lasted a reasonable amount of time and must be faulty. He repeated the same thing and then said that its 2 months guarranty that you have and that he knows because a while ago somebody had the same problem with theirs and they had to end up sending it to MS. I asked to speak to the manager & was told that he's not in until tomorrow and that I can contact him between 9 - 5 pm.

    Now, I thinking from what the guy said is that the manager is going to say the same thing to me. Anybody got any tips for me tomorrow when I call the store to speak to the manager, e.g. things I should say, etc. and what should I do if he tries to fob me off ???

    All I want is a new working machine. If I do get an exchange do you think I'll be able to keep my harddrive?

    did you have any luck



    did you have any luck

    No, he had no luck - he got hit by a bus on the way there.

    P.S - I sincerely hope he didn't!

    Original Poster

    lol ^^^ I managed to jump out the way in the nick of time..

    Not much luck when speaking to the manager, but then I went through to customer services call centre and they asked who I spoke to, they phoned the manager and told me to keep my hard drive and take my 360 back for a replacement one.

    When I took my 360 back I asked if I would need a new receipt, they said that I wouldnt and to keep the one that I had. I wonder if I should have got a new one ? anyway I doubt it but not sure

    With the new 360 I got I cant help but think that this one is going to crash on me as once a couple of weeks ago I got the message "unable to read disc, please clean the disc & then restart console" (My 1st one wouldnt read discs after the 1st time I got this message) and then I got the message today again, but both times I cleaned the disc put it back in and then it worked.

    I really do think that this one may evenutally give way, as I never even got any error messages on my 1st 360 until it did decide to give way. I would rather it does now rather than later. To think about it this machine is not even a month old, but my original receipt for my original 360 is from November 06.

    I came accross this on a gaming site and if I could I would use it as my sig, as it seems there are loads of ppl who have had the same problems. NEVER have ANY of all the other consoles I have ever had from the Nes to xbox ever messed up. 360s messing up seem to be common though

    I've had the disc read error about 3 times in the past month. bought mine from an online retailer either currys dixons or comet. can't actually remember but a quick check on quidco should show me. anyway the one i have now is a refurb one. because I had the 3 dreaded red rings of death a couple of months back.

    I bought the console in July, am i still within my rights to take it back to the retailer altho its not officialy the one i purchased :?

    sorry for thread hijacking :pirate:

    yea u can always take it back and give it ago

    Mine dies 4 months after I bought it from Currys online - it died on CHRISTMAS EVE!

    They exchanged it no questions asked on Boxing Day and my new return to Currys 12 months warranty started on Boxing day.

    I even kep a Live headset (pure accident).

    Excellent service my Currys.

    Hi there,

    I got my 360 January 2006, in September 2006 it started showing symptoms of overheating either displaying 2 red rings and 3 red rings of death.

    I got onto Chips (where I bought it from), they said they would sort it out for me but it would be quicker for me to make direct contact with microsoft, which I did.

    Sent Xbox back and got a replacement (no extention to warranty).

    Last week the 3 rings of death again reappeared on my Xbox, I knew I was out of warranty but thought 'if you dont ask you dont get'.

    Spoke to someone at microsoft, explained about 3 red rings, she said it was out of warranty, I said about sending it back and getting replacement in September and that I had expected that it would have at least an extended warranty. I was very polite, but sounded shocked and disheartened. She then said, as it was not long out of warranty they would fix it for free as a good will gesture.

    So my advice to people is be polite, be calm, and try to blag it.

    Original Poster

    lol.....DAMMM I just tried to turn on my xbox 360 (lol my replacement) and I just found out what the 3 rings of death look like F$%K Microsoft and there peice of junk.

    I reckon it aint gonna be so easy taking it back this time as when I took my last one back they said that as it was in 6 months.

    Well this one is just about 2 months old (think I got March 22nd 07) but my original receipt is for November 06, they didnt give me a new one when I got the replacement.

    I have never had a problem with ANY other console until this 360.

    mine was brought in blockbuster in november too, i got three redlights in february, they exchanged it straight up and i got a free hard drive too!
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