Thread: Age restricted game sold

Just after xmas we went to purchase a WII balance board package which the only one available had a 15 rated wrestling game in it.
The purchase was a birthday present for a 12th birthday and he was in the store.
When it was noticed that the package on offer contained a 15's gam we asked both the assistant and the store manager to swap the game for a 12's. They could both see he was not 15 and both were told it was for him.
basically they refused to swap the game for anything else.
The purchase was made by card and my sons details are on the receipt.
I call Comet HQ to see if this game can be swapped and they refused.
But surely they knowingly sold a 15's game to a then 11 year old. I know adults were present and an adults debit card was used and we could have opted not to purchase but surley there is some governance over this??
It's the principal of the thing, all we want is a more suitable game.
As his name is on the receipt he will be sent an application for extended warranties and all that nonsense, can you sell insurance to a 12 year old?

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Originally Posted by thelightbrigade

Just after xmas we went to purchase a WII balance board package which the only one available had a 15 rated wrestling game in it.
The purchase was a birthday present for a 12th birthday and he was in the store.
When it was noticed that the package on offer contained a 15's gam we asked both the assistant and the store manager to swap the game for a 12's. They could both see he was not 15 and both were told it was for him.
basically they refused to swap the game for anything else.
The purchase was made by card and my sons details are on the receipt.
I call Comet HQ to see if this game can be swapped and they refused.
But surely they knowingly sold a 15's game to a then 11 year old. I know adults were present and an adults debit card was used and we could have opted not to purchase but surley there is some governance over this??
It's the principal of the thing, all we want is a more suitable game.

My understanding is that it's not illegal to sell it unless it's an 18, but it is irresponsible to sell it - 12 and 15 are guidelines, I think.

Anyway, I don't think it's easy to mistake an 11 year old boy for a 15 year old (15 year olds don't have a high voice!), and if they clearly knew they were still happy to sell it.

The point really is that you knew that there was a game in the package which you weren't happy with and still purchased it. That's the issue - if you weren't happy with it you didn't have to buy it from there, if they're bundled they can't easily break the package to swap the game.

Even so, I don't think there's that much which is suitable for a 15 year old but not a 12 year old - it's like year 10 or year 7, they're both secondary school kids and potentially could mix with kids that age anyway. It's not as if you're dealing with a little kid who doesn't know right from wrong in most cases.

According to the BBFC (whose jurisdiction extends to video games) the point of call if you think there has been a breach of guidelines is Trading Standards. Might be worth a call anyway.

Originally Posted by thelightbrigade

JAs his name is on the receipt he will be sent an application for extended warranties and all that nonsense, can you sell insurance to a 12 year old?

OTOH, they can't sell it to an under-18.

They didn't sell the game to an 11 yo, they sold the game to an over 18 yo old who chose to give it to an 11 yo. They've done nothing wrong, and if you weren't happy with him having that game, all you had to do is give him another one and flog this one on e-bay or give it to someone older as a present.

Bookie: Yes, I guess the parties in the contract were an adult and the retailer, so no offence would be committed by them (c.f. the licensing laws, where it is illegal to buy underage/sell to an underage but not to give it away) but even so. Supermarkets seem to be keen to stop people even doing that these days, if they know it will be supplied to an underage person once purchased, but technically that isn't their problem.

Even so... as I said, I don't really think a 12 year old is too young for a 15! They're not small kids, they're nearly teenagers.

Thanks for your replies, I was just a bit annoyed as I remember when retailers used a bit of common sense and provided decent customer service...............eba y here i come!

Just to throw a tuppence in,

Video games are generally exempt, but where classified, or if containing certain material, then it is subject to the Video Recordings Act 1984.

Lets say taht it is subject to the Act. The wording is rather interesting, as there is an offence of "supplying". Now supplying is defined as

“Supply” means supply in any manner, whether or not for reward, and, therefore, includes supply by way of sale, letting on hire, exchange or loan; and references to a supply are to be interpreted accordingly.

Note that there is no reference to "in the course of a business", and the part about sale, letting, hire etc is inclusive, and not exhaustive. Further, there is the phrase "in any manner, whether or not for reward".

So where am I going with this?

Thelightbrigade. You are charged with the offence of suplying etc etc. How do you plead?