Xbox Elite Locking up, only 2 months old

[Unwell Cat]

I purchased an Xbox elite from Shopto.Net a couple of months ago and it has started to lock up at random times. Sometimes after 5-10mins, sometimes after several hours. Now can I return this to Shopto for a replacement or do I have to go via Microsoft and expect some kind of reconditioned TAT back with a week or so's wait?

Thanks

[baad bwoy]

I would think that its shoptos responsibilty, same as if you had bought it from Game/Gamestation, they would have to take it back as faulty goods.

[egparadigm]

You are covered for 6 years by the retailer, although it must be proved that the product did not conform to contract at the time of sale. Since it is less than six months, it is up to them to prove you wrong, as per the Sales of Goods Act.

They may try to fob you off and ask you to turn to Microsoft, but it is their legal responsibility and they would just be trying to save money.

[EvilBoris]

They will only send it back to MS for credit anyway. I bet shopto will make you pay to return it, so I wouldn't bother. Just go with MS

[Unwell Cat]

Well the response was:

As this model has now stopped production and been replaced with the new XBOX 360 model currently we are not stocking this. I would advise going through Micrsoft as they would be able to provide a replacement for you.

Is this right ??

[Skull Commander]

Well the response was:

As this model has now stopped production and been replaced with the new XBOX 360 model currently we are not stocking this. I would advise going through Micrsoft as they would be able to provide a replacement for you.

Is this right ??

Sounds reasonable enough to me...

[Link83]

Do you want the new or old Xbox 360?

If the old model go for a repair through Microsoft, if the new model ask shopto to give you a refund and then you can buy the new model?

[Skull Commander]

After a month you are unlikely to get a refund. It's a repair, or replacement if it's beyond repair.

[Spatial]

Then Shopto need to sort that, NOT Microsoft. The fact that it's more than 30 days old is entirely irrelevant. So is the fact that the model is discontinued.

His contract is with Shopto, they're fobbing him off, and they bloody well know it.

They either replace it, try to get it repaired or give him his money back. That's what he's entitled to by law.

[Unwell Cat]

Thanks Guys, the only reason I don't want to go down the Microsoft route is that I'm not sure what I'm going to get back. My Elite is really quiet. I could get anything back from Microsoft (something a couple of yrs old which has been reconditioned and as noisy as a jet engine.

Any advice on how to word the reply back to the place of purchase?

[Spatial]

Try to be diplomatic at this point in time - this will stand you in good instead later on if this plays out as I expect it will.

Point out the contract of sale was with them and not MS and so the onus to deal with this rests with them. Ask how they're going to deal with it and see what they say then.

I'm guessing they'll stick to the `send it to MS line` so then just repeat yourself and point out that if they don't stock a replacement version for a like for like swap, or cannot repair it (and that doesn't mean getting you to send it to MS yourself) then you will happily send them back the defective system (at their cost) and either accept a new model as a replacement or have your money back in full.

At this point you'll probably get the usual Shopto response which is full of the usual bile and utter contempt they have for you when you don't fold to their bullyboy tactics. Then they'll probably tell you (in no uncertain terms) to do one.

In which case go to Trading Standards, tell them what's happened, tell them how polite and reasonable you've been and get them to fire a rocket right up Shopto's bunghole.

[Unwell Cat]

Is their customer service really that bad, I've never had to deal with that side of them before?

[nigel1210]

You should be able to get a refund, or a replacement. A replacement would be for the same, or if that is not available better model. Speak to these people my dixons tried to fob my mate off with a repair on a 2 month old tv, i said don't accept it and speak to these people. He got a replacement which was a better model, as the current one has just been discontinued.

http://www.consumerdirect.gov.uk/