Fault and sale of goods

[bmwmike]

Hi

I'm sure this has been asked a million times but for some reason I can't find an answer. I think SOGA is on my side and I think I'm correct in saying if a xbox controller which was bundled with an xbox package and is less than 3 months old develops a fault is the retailer or the manufacturer responsible for sorting it out?

I think the retailer but they are telling me to speak to Microsoft. Big chain too.

Thanks
Mike

[robbieduncan]

SOGA has been replaced with the Consumer Rights act (getting on for 5 years ago). For the first 6 months any fault is presumed to be there at the time of sale and the retailer has to sort it out. After that you have to prove the fault was there at time of sale. So it’s the retailer not MS

[bmwmike]

robbieduncan said:

SOGA has been replaced with the Consumer Rights act (getting on for 5 years ago). For the first 6 months any fault is presumed to be there at the time of sale and the retailer has to sort it out. After that you have to prove the fault was there at time of sale. So it’s the retailer not MS

Thanks, thought so on going to retailer first as that's who the contract is with. Would have thought tesco would know better eh.

Cheers for the correction on CRA vs SoGA.

[robbieduncan]

My guess is that Tesco are trying to have you make a warrantee claim (which would be with MS) rather than a claim under the CRA. You have the choice to do this, Tesco do not have the right to force you one way or the other.

I’m not clear on what happens with bundled products like this. Do they take the whole package back and refund/replace? Or do they just replace the controller which is a different SKU?

[bmwmike]

robbieduncan said:

My guess is that Tesco are trying to have you make a warrantee claim (which would be with MS) rather than a claim under the CRA. You have the choice to do this, Tesco do not have the right to force you one way or the other.

I’m not clear on what happens with bundled products like this. Do they take the whole package back and refund/replace? Or do they just replace the controller which is a different SKU?

Unsure, but will update the thread when I find out. I have the original box so they can have the whole lot back for all I care tbh. I find it utterly confusing to use but that's not tescos fault.

[Jamescrs]

I would suspect the retailer would want you to take the whole console back and they will replace like for like if its a supermarket type place because they would then return it in that state to their wholesaler.

If it was somewhere like Game then I would expect them to take the controller and supply you with another as they will likely have a better stock of spare controllers, albeit they may supply you with a pre owned one with warranty otherwise they may say as above.