hmv, not sure if I have any rights?!

mementomike · 22nd July 2007, 20:45

Hi, quite simply I purchased a ps3 on the 17th and then on the 18th they brought out a much better package than I had purchased without any prior notice which meant I had missed out on potentially 130 pounds worth of goods.
Obviously I was very upset that this had happened and I telephoned them, and thye just pretty much told me they got my money so tough luck. Now, I can understand that, but on the off-chance do I have any rights in this sort of situation?!

cheers

mike

doompixie · 23rd July 2007, 04:12

Did you open/use it?

gyzmo · 23rd July 2007, 08:46

The only chance you have is if the store told you that there would be no other offers and you relied on that. Even then, it would be a bugger to prove, and not really worth teh cost or effort.

You could check if the store has any returns policy and try to use that, and if you bought it online, you may be able to use the distance selling regs.

Other than that, it is a case of rotten luck. If the store had put up the price, you wouldn't be happy if they came chasing you for extra money!

blitz · 23rd July 2007, 09:40

IF you purchased it from the internet/phone and got it delivered then as long as its unused you can return it under the distance selling regulations. If you purchased it store, then unfortunately you have lost out.

Ecossewarrior · 23rd July 2007, 13:06

and I could bet my right leg that you have opened it! lol

mementomike · 23rd July 2007, 19:01

Yes opened and used it on first day

its a PS3! Had to be done...
No problem guys, thanks for the quick replys, I figured as much, just a case of bad luck... gutted still lol
But at least I am happy with the item overall forgetting about cost!

cheers

mike

sweetnsexyenglish · 24th July 2007, 01:19

I know its naughty but cant you return it anyway make some excuse, but then send someone in to buy it on the new deal. I would as you are or atleast I think within your rights as long as you've kept all the packaging.

I returned a set of scales based on the fact I couldn't read the dial easily two days after buying it. it seems like its only a few days check the receipt as long as it's not excluded from the returns policy i dont see why you cant, the only thing i would be unsure of is the return of games, as I was told once a game is opened they cant be sure its not been copied.

blitz · 24th July 2007, 09:13

You can only return them when used if the product is fault (or misdescribed etc), saying it is faulty when it is, or returning a used item saying its has not been used is illegal.
This site does not support any illegal methods and I believe there is a sticky in this forum regarding returning a non faulty item.
A company does not have to accept a return of goods if it was brought out of mistake, you don't like it, its not suitable. Only when it is faulty.

sweetnsexyenglish · 24th July 2007, 10:57

I guess it depends on the individual store, but any decent sales person could and should have advised the sale offer changing the next day, only the receipt will tell what that stores exchange policy is and whether they are within the timescale of the returns policy. I wasn't claiming the person should say it's faulty but to see whether or not they could return the item with some excuse as long as they have the packaging and receipt and are within the timespan for returns.

mementomike · 24th July 2007, 17:47

You would have thought the ales guy might have done me a favour and told me that the better offer was coming out the next day but alas.. no.
Hmv's return policy is once opened- tough luck. which is fair enough I guess

StormWarrior · 25th July 2007, 00:13

Sales guy might not have known, some promotions turn up for same day action.

sweetnsexyenglish · 25th July 2007, 00:19

Not arguing the point but having worked as a sales representative, and based on the fact the sale came out the following day, We had to learn our stock even for the areas we were not working on and that included what was due to be on promotion. I have been in stores as a customer and also advised what items where coming on promotion the following day that were not currently on special. But it is down to the individual on how helpful they want to be.

baconbuttyman · 28th July 2007, 20:28

you should have told them its faulty, or take it back now and tell them its developed an intermittent fault. They would have swapped it and you could have insisted on the new package

ForestChav · 28th July 2007, 20:53

Quote:

Originally Posted by baconbuttyman

you should have told them its faulty, or take it back now and tell them its developed an intermittent fault. They would have swapped it and you could have insisted on the new package

Is that not fraudulent?

demon_x_slash · 29th July 2007, 18:17

Yes, it is, and is not condoned by any part of this site at all. 'baconbuttyman', be ashamed of yourself.

In any case, if it was faulty, the shop is only obliged to swap like-for-like.

barracad · 29th July 2007, 18:27

Quote:

Originally Posted by baconbuttyman

you should have told them its faulty, or take it back now and tell them its developed an intermittent fault. They would have swapped it and you could have insisted on the new package

The Consumer Action Group disassociates itself from this suggestion.
What is being suggested here amounts to fraud.

This site is concerned with asserting the consumer right.
This does not happen by stealth or dishonesty.

Please note that posts like this are not welcome on this site.

CAG Products - We think that these will help you to make your claim or Reclaim your Right These sales also help us to keep helping YOU and keeps this site free of third party adverts!

Small Claims Kit	Small Claims Court Guide New Edition	CallBurner - Skype CallRecorder Review	Last Will & Testament Kit	Fight a Motoring Ticket

Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here
UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki N.B. Please note - due to postage costs these products are only available in the U.K.