XBox Smyths farmed out to Microsoft

[GabbyTheKing]

Hi Guys, had a faulty XBox recently that broke after a few months. Went back to the Smyths shop and was told that the company policy was not to issue refunds after 1 month of purchase even if the good is faulty and they gave me the number for Microsoft and farmed out their obligation(Sales of goods supply of services act) (Reasonable timeframe) to the manufacturer who I do not have a contract with while also telling me "the fault was very common" and "I was not the first person to complain about this". Refused to issue me with a replacement and laughed when I asked for a refund. The Head office said its at the discretion of the shop manager and they couldn't interfere with his decision. Absolute joke does any shop take their SGSSA responsibility seriously any more when it comes to electronics. Have many come across this with Smyths?

 

[Palerider]

Where is the issue, your console problem was referred through a process, engage with that process and if there is an issue regarding faulty workmanship then you will be looked after, it is common to have the manufacturer stand over there product after a short period after sale.

 

[tallpaul]

Smyths are not handling this in a very customer-focused way. The retailer has the choice of the R's under Sale of Goods legislation: Refund, Repair or Replace. Accordingly, they are entitled to send the Xbox off for repair and you are not entitled to a refund. HOWEVER, as your contract is with Smyths and not Microsoft, it is up to THEM to deal with your repair not you and I would be most insistent on this point. In most cases, any company with any reasonable standing will usually just swap out a faulty machine with a new one and then take the issue up with the company themselves directly. I would mention Small Claims Court to their Head Office and go as far as to submit a claim. That will probably soften their cough somewhat.

As a result you, and probably many others, will avoid Smyths for such purchases in the future. Ultimately this may have an effect on their policy in the future if the bottom line takes a hit.

 

[T McGibney]

Bottom line: don't buy tech from toyshops.

 

[michaelm]

HOWEVER, as your contract is with Smyths and not Microsoft, it is up to THEM to deal with your repair not you and I would be most insistent on this point.

This is what you should insist on.

 

[Páid]

Microsoft have a team based in Ireland (at least they used to be) that handle Xbox returns.

 

[tallpaul]

Microsoft have a team based in Ireland (at least they used to be) that handle Xbox returns.

While that may be interesting information, it is not really relevant though. The Smyths' customer shouldn't care less where Microsoft are as it is Smyths' problem, not theirs.

 

[Leo]

Perhaps contact the shop and give them one more opportunity to resolve this to your satisfaction before taking this to the Small Claims Court.

See the CCPC site for more details on your rights.

Do not follow the shop's advice on contacting Microsoft directly, as this absolves the shop of their responsibilities and may weaken your case in the event Microsoft do not resolve the issue fully.

 

[Páid]

Do not follow the shop's advice on contacting Microsoft directly, as this absolves the shop of their responsibilities and may weaken your case in the event Microsoft do not resolve the issue fully.

Merely contacting Microsoft will not absolve Smyths of their obligations. I wonder if the OP would be happy if Microsoft offered a replacement? Or only if Smyths offered a replacement.

 

[Leo]

Merely contacting Microsoft will not absolve Smyths of their obligations. I wonder if the OP would be happy if Microsoft offered a replacement? Or only if Smyths offered a replacement.

Correct, contacting won't be, but Microsoft will in most cases request you to return the device to them. Once you do that, you've significantly weakened your protection under consumer legislation. Once MS touch the device, or even if they replace it (quite often with a refurb), you're liable to loose your rights to refund/replace/repair under the Sale & Supply of Goods Act. Any replacement device may come with a warranty from MS, but it's not the device you bough from Smyths, so they have no responsibility to assist.

So you really have nothing to gain by phoning MS and absolving the vendor. A few people have reported being burned by taking this approach on the gaming forums.

 

[Páid]

Microsoft honour the initial warranty. If you buy a new xbox and have a two year warranty (for example - I know it could be longer) and something happens that xbox after six months and you return it to Microsoft you could end up with;

• A refurbished year old xbox with 18 months warranty left
• A brand new xbox with 18 months warranty left
• A refurbished month old xbox where a €5 part has been replaced with 18 months warranty left

Smyths are just going to return it to Microsoft anyway and it will take longer. The only benefit of going back to Smyth's is if the OP wants a refund and nothing else.

 

[newirishman]

Microsoft honour the initial warranty. If you buy a new xbox and have a two year warranty (for example - I know it could be longer) and something happens that xbox after six months and you return it to Microsoft you could end up with;

• A refurbished year old xbox with 18 months warranty left
• A brand new xbox with 18 months warranty left
• A refurbished month old xbox where a €5 part has been replaced with 18 months warranty left

Smyths are just going to return it to Microsoft anyway and it will take longer. The only benefit of going back to Smyth's is if the OP wants a refund and nothing else.

There is no automatic entitlement to a refund. Agree that it might take longer, but first and foremost Smyth's is the point of contact for all warranty issues. Failing that (i.e., when the company you bought from no longer exists) you can try with the manufacturer, if that is an option.

 

[Leo]

Your protection under the Sale & Supply of Goods act lasts longer than the manufacturer warranty. Once you go down any of the options above directly with MS, you lose that extended protection.

I don't understand why anyone would want to let the shop off the hook in terms of their responsibilities while also reducing their statutory protections.

Asking a customer to contact MS direct even violates Smyths published .

 

[Páid]

Manufacturing Faults

If you believe your product has a fault, then you can return this within a reasonable timeframe to your local store with your Smyths Toys receipt, where an assistant will be happy to inspect and, once the item is deemed to have a genuine manufacturing fault, offer a repair or replacement. If the fault present is deemed to be a non-manufacturing fault (due to accidental damage or mis-use) then we are unable offer you with a replacement or a refund.

OP is entitled to a repair or replacement under those terms which is exactly the same as what Microsoft will give.

 

[Leo]

OP is entitled to a repair or replacement under those terms which is exactly the same as what Microsoft will give.

But they don't in all cases, also they often request that the consumer send the device insured and tracked at their own expense to the Czeck Republic. The manufacturer also isn't held to the same expectations in terms of any repair carried out being permanent like the shop is under the legislation.

 

[mathepac]

Bottom line: don't buy tech from toyshops.

Boycott Smyths and other outlets who refuse to recognise their obligations to consumers under law here

 

[vandriver]

Smyths is Irish.

 

[mathepac]

It's a pity their behaviour as described is very Irish, contrary to Irish consumer law and their own returns policy and faulty goods policy, published here

 

[peemac]

Boycott Smyths and other outlets who refuse to recognise their obligations to consumers under law here (Smyths, Ken Blacks and possibly more are trading names for the same UK-based company)

Smyths are 100% Irish. Also family owned and headquartered in Galway.

Ken Blacks is not owned by Smyths - its owned by Ken Black. He has a long time friendship with Smyths and did joint purchasing - both were smallish players. Smyths continue to honour the agreement even though Ken Blacks is still smallish and Smyths are a giant.

As for the op. This is standard policy for most electronic goods and shops. Especially for computer type stuff.

Its not that the store is negating their responsibilities, but they are giving you a far more convenient and direct route to rectifying the issue.

You could insist on the store doing it, but it simply adds another layer and potentially another couple of weeks.

Personally I much prefer this format than dealing with someone in a store that probably won't understand the issue.

 

[mathepac]

I don't care a fig for what retailers claim as their "policy" and it matters not to the OP what your preferences are. Retailers have contractual obligations with their customers under Irish (and EU) consumer legislation, they must honour them or suffer the consequences.