http://www.thesun.co.uk/sol/homepage/ne ... efund.html
FURIOUS gamers made ill by Nintendo's new 3DS console have been REFUSED full refunds.
Record return levels were reported after thousands suffered headaches and dizziness. Many only got some cash back from shops - or nothing at all.
One dad became ill after playing the device for THREE MINUTES with his young son.
Sundeep Tailor, 27, returned the revolutionary 3D machine, which has left thousands with dizziness and headaches, after just 24 hours.
Staff at his local Game store at first refused to refund him, then offered £176.99 - £30 less than he had paid. Sundeep, of Luton, Beds, who was also out of pocket after paying £20 for games, said: "I lost money in just 24 hours. There will probably be more people in my position."
Flashes
The 3DS flashes separate images into each eye, creating the illusion of depth.
Nintendo last week announced the console is not safe for under-sevens and advised playing in 3D mode for less than 30 minutes.
But gaming site Maxconsole.com yesterday said: "Being told to turn off the 3D is insulting, Without it, the gadget is a more expensive version of the previous DS. There should be a ten-day, no fuss return policy."
Game, which is offering refunds £50 under retail price, said it only fully reimburses for faulty goods.
HMV is offering a £200 trade-in, but only until Thursday. Last night Nintendo said feedback was "overwhelmingly positive", adding returns are "in single figures per retailer".
It is now providing demo consoles in Game and HMV stores for buyers to test.
Trading Standards:
The most important obligations that the seller owes to the buyer are laid down in the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002. These obligations are as follows:-
* The seller owns the goods and has the right to sell them. For example, if the goods are stolen then they are still the property of the original owner. They will not become your property.
* The goods are of satisfactory quality. This means that goods should meet the standard that a reasonable person would regard as satisfactory, taking into account any description, price and other relevant circumstances which might include : -
o Appearance and finish
o Freedom from minor defects
o Safety
o Durability.
* The goods must be as described. If any description is applied to the goods on packaging, in an advert or verbally by the seller, the goods must match that description. For example, if the colour or size of an item is stated on the packet then goods inside must be of that colour or size.
* The goods must be fit for their purpose. The goods must be fit for all the purposes for which they are normally supplied and, in addition, if you bought the goods for a specific purpose and made that purpose known to the seller then the goods must be suitable for that purpose. For example, if a shop says a particular paint is suitable for outdoor use, then it should be.
**THESE ARE YOUR STATUTORY RIGHTS AND CANNOT BE TAKEN AWAY**
So it's simple, refund, report to trading standards, or court.
Not really sure the soga could stand up in caught, you'd have to proove the 3ds gave you a headache lol.