Filling a complaint regarding an online store - what's the proper channel?

[Happenstance]

 

FUCKER! I was about to say this.

 

Had to be done

[david.dakota]

I want to file a proper complaint to whatever institution that is responsible for supervising UK stores,

 

There is no such institution. Some businesses may be regulated, like utility companies, but presently not retailers of any description. All businesses must trade within UK law, breaches are investigated by Trading Standards and enforced by the Courts as a matter of public interest.

 

And I already spoke with their customer service, which again were pretty much useless, since they are unwilling to acknowledge their mistake and fix it, even when presented with pictures of the product I received.

 

You should escalate your query to a supervisor or manager.

 

Yet again they sent me a used game, unsealed and full of their store stickers, a game they sold me as new (and I paid as such, it wasn't one of their £5 or so games that was part of a special sale). And yet again, I'm asked to spend more money to return the product to them (and I'm not located in the UK, so it's not as cheap as that), so that they can refund me the product or send me a new copy (which, on a few past occasions, resulted in me receiving a product in the same condition). Basically they don't fulfill their end of the deal, and I have to pay additional funds for them to fix the situation.

 

What's better is that I was told maybe it was an ex-display copy, and even thought the game was removed from it's shrinkwrap, had the Microsoft seal removed, and the disc and case were handled by several people, the game is still brand new, so I have no reason to complain. That's funny, because if I receive a sealed product from them and I open it, they obviously won't allow me to return it for a refund, because the game is no longer new and sealed. And the same thing applies if I go to one of their stores to sell a product, they obviously won't pay me the same for a brand new and sealed product, and one that was already opened. So for some things, unsealed is still new, and for others it's a used product. Quite coherent...

 

I have never experienced this from an online retailer. But I would not accept this product from a bricks and mortar store. However, I don't think there has been any guidance as to what constitutes as 'new'; but I suspect - if a case got to Court - law would side with the retailer (afterall, clothes are often tried on in store by others, but we do not class them as not new). The issue of them not accepting opened returns is wrapped up in UK law - its not their policy AFAIK (to deter people from buying media, copying it, and then returning it).

 

This is an unacceptable (and frequent) practice, and I won't let them get away with it one more time. It's not fair to sell something that wasn't what was advertised, and then have your customers spend more funds to fix what was their mistake, not mine.

 

What consumers feel is unacceptable is quite different to what retailers believe is unacceptable. The fact remains that depite the appearance of the product, it most likely could be new, ie not owned by anyone else. If it were clearly pre-owned, sold as new, you'd have a better argument. As it stands, their argument is quite reasonable (even if we don't like it) - it was ex-display, opened, handled by staff and customers but not owned by anyone else - that would probably hold in Court too.

 

I would be really grateful if anyone could help me out finding what's the institution I shall present my complaint to.

 

In the UK you'll be covered under the distance selling regulations; amonst other points, you have a legal 7 day cooling off period for any purchase of goods or service. As to whether this extends to overseas buyers is another matter. Under DSR, if you are unhappy - for any reason - return it (Media is excluded once opened). BUT you may be required to pay the return postage, but it is always worth asking them to reimburse if its their fault (but in your case, they're arguing that its not their fault).

 

You should however contact Consumer Direct. They'll give advice on what your rights are and suggest further action - they should also confirm if you are covered by UK legislation as an overseas buyer. Bear in mind that it is your responsibility to pursue this - essentially you vs supplier; should you wish to go to the extremes and take the issue to Court, you would pay costs if you lost. There is no organisation to sponsor your court action. You vs Supplier.

 

Note, Trading Standards are not an appropriate place to contact, rarely do they deal with consumers (thats why they've set up Consumer Direct). They certainly wont act as a sponsor for your complaint - they're not a cheap way to get companies in court. They will take action if there are ongoing or serious breaches of legislation, but (as far as i'm aware) won't take up your individual complaint.

 

I suggest if your purchase from Gameplay again, you email them with your order number stating you will not accept any unsealed copies; if they cannot honor this request, please cancel your order. But I wouldn't guarantee this would a concrete way of ensuring you have sealed copies, or better rights.

 

Best advise, complain with your feet - buy elsewhere.

Edited July 3, 2010 by david.dakota

[jayseven]

That's just an awesome post. I had to say this.