Bought a faulty game from CEX and they refused to refund the money

Bought a faulty game from CEX .
Disc had deep scratches around the outer ring and did not install properly.
Tested it multiple times(in multiple systems) and determined it was definitely faulty.
Took it back to CEX 3-4 days later with full receipt.
CEX acknowledged that the disc was faulty.
Asked for a refund.
He went back to manager…
They he said"sorry, our policy is to replace the disc or give you store credit only".
Then he said "we're out of stock for this product but you can go to this store and exchange it there"
I said "absolutely not, I am not spending half a day driving around Sydney to exchange it. Give me a refund like you did last time I had a problem with a disc purchased from here".
He went back to manager…
He said "sorry, I can only give you a voucher/store credit to use, it's policy and I don't make the rules"

Begrudgingly, I took the voucher as I will probably end up buying something with it in the near future but left the shop annoyed. First time I've had drama returning something from there(which isn't often) considering how much stuff I buy there.
I feel like their policy might be in contravention of the TPA(for NSW).
Perhaps someone can shed some light on this.

I feel on principal this policy is wrong - they sold me a faulty product which is not fit for its intended purpose and then refuse me a refund?!

Comments

  • I’m worried that buying 2nd hand goods means that they are not as good as new.

    Relax; all goods we buy in are subject to testing and covered under warranty for a whole 24 months (excluding consumables, which are warranted for 28 days). Still stressed? We will also exchange unwanted items bought in a store within two days when accompanied with a receipt, provided it is in the same condition you purchased it in.

    • +1

      They are a retailer , all rules would still apply to them as anyone else..

    • Sorry it was 3-4 days now that I think about it. The first 48 hours is a no questions asked refund, for change of mind. Faulty products are warranted for 24 months(used to be only 12 months) which is good.

      Funny thing is he went out the back with the disc for a minute and then came back and said "look here, I cleaned the disc so it should be fine now" as he proceeds to he show me the disc. I said "mate, it still has scratches all around it and looks exactly the same to me". I reckon he just got the end of his t-shirt and rubbed it a few times. Dodgy stuff.

      • also just found this

        Refunds and Returns
        Items may be returned for refund or exchange, provided CeX is notified within eight [8] days of delivery of the item, please contact us via our customer support form. CeX must also be notified of any items that have been delivered incorrectly or incomplete within eight [8] days of delivery of the item, please use our customer support form to let us know..
        Please note: Items for refund or exchange must be returned to CeX.
        Being notified outside of eight [8] days, CeX reserves the right to refuse any refund or exchange requested for items which are not faulty.
        Information provided must contain your order number, the title of the item/s you are returning, and the reason for return. Merchandise must be in same condition as when it was sent with all accessories and manuals that came with it, including a copy of the invoice and a short note detailing the reason you are requesting a refund or exchange.
        CeX offers a twenty-four [24] month warranty on all items except consumables. The CeX twenty-four [24] month warranty does not cover physical damage, water damage, or any damage caused by unlocking a mobile phone, and only covers software faults arising in the course of normal use. For further details on the conditions of the warranty, please contact us via our customer support form.
        After 28 days from the point of receipt, defective merchandise will be fully tested to verify the fault. Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair the item; if no repair can be made, we will seek a replacement item. If no replacement can be issued, a refund will be given (to the current sale value via CeX voucher). Repairs can take up to 28 working days.
        Please note: Our refunds and returns policy may be restricted against titles that are exclusively for online play.
        Please note that we cannot accept refunds or returns if you deliver them to us by hand, and as such refunds and returns can also not be carried out in CeX stores.
        All merchandise for return or refund must be sent to the following address:

        • Those T&C don't apply to in-store purchases.

        • @aoeueoa:

          How can you have different sets of rules for different purchases ?

  • +1

    Shouldn't have taken the voucher.

    You can still talk to the ombudsman.

    • I'm thinking of making an example out of them for getting me off-side as a customer.
      That will teach them a lesson.
      Besides, I was returning the game for my partner and it was her money so now I have to tell her "sorry babe, they wouldn't give me your money back. Here's a voucher instead" :(

      • +1

        If it's happened to you, it's happened to others.

      • -6

        Stop having a cry on here, if your unhappy with the stores response contact them direct if still unhappy report… Why must everyone have a massive cry over simple shit, is your life that boring?

        • +3

          I'm merely seeking advice. I like to know my rights before launching an offensive against them.

        • -3

          @87andcry:
          Then Google them :), sorry been bad day at work tbh.

  • You are perfectly entitled to refund. The product is faulty. Under NSW law you are entitled to a refund for that. Just because you have accepted the voucher doesn't mean you can't get a refund still, but only because they misinformed you about your rights (which in itself is a breach of law too).

    Go back, tell them you know your consumer rights, ask for a refund. If not, put a claim in to Fair Trading.

    http://www.fairtrading.nsw.gov.au/ftw/Consumers/Consumer_gua…?

  • +1

    Doesnt matter what their policy is, Under Aus law you are entitled to a refund as the product is not fit for purpose. Check out the ACCC app and returns.

    • Thanks. I will abuse them next week when I go back.

      • +1

        For your reference
        https://www.accc.gov.au/consumers/consumer-rights-guarantees…

        This part because they need to sell you a produce which works.
        Products must be of acceptable quality, that is:

        safe, lasting, with no faults
        look acceptable
        do all the things someone would normally expect them to do.

        This part because you have to deal with the retailer and not the Manufacturer
        Products

        You can claim a remedy from the retailer if the products do not meet any one or more of the consumer guarantees, with the exception of availability of spare parts and repair facilities.

        The remedies you can seek from the retailer who sold you the product include a repair, replacement, or refund and in some cases compensation for damages and loss.

        The retailer can’t refuse to help you by sending you to the manufacturer or importer.

        This part reinforcing your rights

        Repair, replace, refund

        If a product or service you buy fails to meet a consumer guarantee, you have the right to ask for a repair, replacement or refund under the Australian Consumer Law

        And finally this part you are entitled to a refund

        When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund.

        And

        What is a major problem?

        A product or good has a major problem when:

        it has a problem that would have stopped someone from buying it if they’d known about it
        it is unsafe
        it is significantly different from the sample or description
        it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.

        And make sure not to take their BS that you already took the voucher. Your legal rights are you entitled to your refund so you want your money back. I have this issue with Groupon all the time and they eventually do it

        • We shouldn't have to fight for our rights as consumers. Retailers should know the rules and penalties involved for breaches. I guess more people need to speak up.

  • Disc had deep scratches around the outer ring and did not install properly.

    Was the disc damaged when you checked and paid for it in the store?

    • Assume so. Gf bought it not me. Staff never show you disc condition unless you ask and they are usually too busy rushing around.

      • That is strange. We've purchased discs from cex and the cs has always made sure that we sighted the disc's condition before putting them in the covers.

        If you weren't present at the the time of the transaction, then how can you assume that the cs didn't show or ask your gf?

        • Because I buy there all the time and they never show disc

        • @87andcry: don't buy if you can't make the time to ask/check

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