refund on faulty goods?

  2020 13:52 21 Dec 08
Locked

Hi, I recently bought a preowned DS Lite on the understaning that it would be in perfect working odrder and i would have the same rights as i would have with a new one. i since discovered that the volume is faulty as in not very much sound. i went back to the store and after testing it they confirmed that it was faulty. they said i would be entitled to a replacement with another preowned unit but that this would not be likely till after christmas. this option isn't good for me as i am away travelling from just after christmas and i bought it to take with me. if the goods are faulty would i not be entitled to a refund? that way i can pick another that suits me whereever i am? i have sent an email to Game but as yet haven't had a reply.
many thanks

  The Brigadier 14:07 21 Dec 08

You should be protected under the consumers act over this.

  spuds 15:46 21 Dec 08

Because it was pre-owned or second user (with a possible discount price), and you knowingly purchased it on those terms, then it would be up to Game as to what they want to do. In this case it looks like they have offered you a replacement, but you could ask them nicely to reconsider a refund.

They might offer you a new unit (if they have one in stock), with you making up the difference in price!.

  Forum Editor 19:05 21 Dec 08

your rights in law are exactly the same as when you buy something new, provided the retailer doesn't qualify the contract terms in some way, by attaching a condition that says "some wear to case hinges" or "small scratch on screen surface" - that kind of thing.

In your case the supplier is unable to provide an item that is in the same condition as the one you bought, and you are therefore entitled to ask for a full refund.

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