Faulty 360 DOA arcade stick? They won't honour a refund!

[phillai]

I've only recently been using my DOA stick since SF2 HF came out last week and I've got a feeling that it's knackered. This is my first time using it since I got it way back in March.

In the past few days whilst playing SF, it would all of a sudden not work but now it won't even work at all. Plugging it in upon start up the light will light up for half a sec.

I thought it might be the USB ports on the 360 - A mate suggested taking the PSU out for 5 mins and trying it again but same thing still happens...

Strange thing is, I can turn on the 360 by holding down the big X button but the light will stay on for half a sec and then switch off and not work again.

I tried it on the PC... Detects it for half a sec then says it can't connect owt as summat has malfunctioned?

Have a got a fecked DOA stick? What are my rights as regards to getting another one as I got it way back in March from CA Games (in Glasgow) and who would be responsible for shipping it back?

Give me strength whilst I am suffering from a lack of SF action all of a sudden...

[hudson]

This is great news, gives me more time to practice and beat yo' ass up.

Sorry about your stick.

[anephric]

If it's gone demonstrably faulty in the first 12 months then it's covered by your statutory rights and it should be replaced or repaired - distance selling regulations state that it's the retailer's responsibility to collect the item (i.e. they have to either arrange for courier pickup or reimburse your postage).

[phillai]

Thanks for your help, bro!
A ain't got my receipt and I can't remember which card I used but I definitely got it in Feb/Mar time in preparation for SF that was suppose to come out then...
It's for them to prove that I didn't get it from them, right?
I'm mega disappointed as I've only used this stick for less than a week!

[anephric]

Ummmm... you do need a receipt (if paid for by cash). If you paid by card then your statutory rights say that it's not "unreasonable" for you to not produce a physical receipt as it was an electronic transaction: you will need to let the retailer know when the transaction occurred though so they can trace the transaction record.

I'm also assuming that you bought this online/mailorder - if you walked in the shop and physically bought it then distance selling regs don't apply and you'll have to bear the cost of posting it to them.

Best to ring them up.

[phillai]

I'm gonna call them today! I paid by some sort of card over the phone... Cheers!

[phillai]

I'm pissed off. CA Games won't honour me a refund.
They gave me some bull**** saying that it's an American product and that they can only honour 3 months guarantee. And the sales ass even said that it's probably a simple DIY job that any electrician can do and suggested that I do this?
What are my rights here? I bought this stick way back in March (over the phone) I think and I've not got the receipt but I got it on one of 3 credit cards of which I'm sure I can dig up the statements for...

[EvilBoris]

http://www.tradingstandards.gov.uk

give your local trading standards office a ring and ask them what the rules are regarding shops selling imported products

[phillai]

Just found out I got it on my Smile debit card way back on 27/02/06.
I paid ?61.99!!! Can you believe I spent this much?!?

[anephric]

Doesn't matter if it's imported - if they've sold it in the UK as a new product (which they have legally imported and paid duty on) or even as secondhand you've got (at least) 12 months' cover under your statutory rights and longer if you wanted to invoke the Sale of Goods Act (this is a bit iffy though).

"Where the goods are returned due to being faulty the consumer is entitled, under the Sale of Goods Act 1979 (as amended), to return the goods within a reasonable time after purchase and claim a full refund plus any other losses that have been incurred as a direct result of faulty goods being supplied, such as the costs of postage. Where faulty goods are returned the refurbishment charge, and/or delivery charges cannot be deducted from the consumers' refund."

They're just trying to fob you off: don't let them. If they think it's a simple repair job tell them (I think retailers are allowed to do this) that they can attempt repair themselves rather than replace or refund the item (as long as you're happy with that).

[randombs]

no i can't believe it. mind you there are peeps on here who spent ?100-odd on that RAP stick (probably you yourself you big twat)

try sorting out a refund. if not, just flog it to someone who can do something with it (namely myself).

my namco ps1 stick (used with xbox magixbox) conked out and i just put an xbox pad circuit board in there to sort it out.

in the meantime, take solace in the fact that playing sf on the 360's dpad is 'not too bad'...

[buster_broon]

"Where the goods are returned due to being faulty the consumer is entitled, under the Sale of Goods Act 1979 (as amended), to return the goods within a reasonable time after purchase and claim a full refund plus any other losses that have been incurred as a direct result of faulty goods being supplied, such as the costs of postage. Where faulty goods are returned the refurbishment charge, and/or delivery charges cannot be deducted from the consumers' refund."

devils advocate time

the reasonable time frame to CA games seems to be the 3 month warranty that they have mentioned

sounds crappy but you have had it for about 5 months and you've just tried it

[phillai]

"Where the goods are returned due to being faulty the consumer is entitled, under the Sale of Goods Act 1979 (as amended), to return the goods within a reasonable time after purchase and claim a full refund plus any other losses that have been incurred as a direct result of faulty goods being supplied, such as the costs of postage. Where faulty goods are returned the refurbishment charge, and/or delivery charges cannot be deducted from the consumers' refund."

What's classed as reasonable time? It's conked out after less than 1 weeks use as I used it for the 1st time last Wednesday but I got it on 27th Feb less than 6 months ago...

[anephric]

This is why invoking the Sale of Goods Act is iffy, because a "reasonable time" can be different for various products and what purpose they're intended for (normally this time period would be decided by a court). Normally you would only have to do this outside of warranty.

Look here:

http://www.consumerdirect.gov.uk/you...fs_c04.shtml#8

Even by this most strict of definitions, you still have six months (which you fall within) to return faulty goods, since it can be presumed the fault was there when you bought the item.

"Since the 31st March 2003, the Sale and Supply of Goods to Consumers Regulations give you parallel or alternate rights. Instead of a refund, you may choose to ask for a replacement or a repair. Goods which do not conform to the contract within the six months after they were delivered are presumed to have been faulty when you got them. In these cases, you do not have to prove the fault was present when the goods were sold. Instead, the trader must prove that the fault was not present when the goods were sold. The burden of proof is on the trader."

[anephric]

Tell them that, tell them they can't fob you off with three months' guarantee because it breaches your statutory rights, and that you'd be happy with repair (if it comes to that). Be polite. But be firm, mofo.

Also:

"Do I need a receipt to get a refund?
Basically, the answer is no but you will need another proof of purchase. This could be a bank statement indicating the purchase, credit card counterfoil or even a witness who saw you make the purchase. A receipt however is obviously the best proof of purchase you can get so look after it until you are sure that the goods are okay."