Tesco - no exchange on DVD

S

sabrina

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I bought a childrens DVD as a birthday present for a child yesterday and the child end up getting 2 of the same. So, as i was the only one that still had a receipt i said i'd take it back and get the child a different one.

I went in to Tesco Arklow and the manager said that it could only exchange it for the same DVD!!!! It hadn't been opened and when he opened it he said it had a scratch on it.. Fair enough if i had opened it and scratched it i would not of gone back. but the fact that it wasnt opened, it must of been scratched already. There was a few people in a hurry behind me so i just said ok and left.

Its not for the price of the damn DVD its that fact that it was never opened in first place and cant even swap it!!!
 
Technically, under law, there is no obligation on any shop to replace or swap any item because you've got 2 of them, because you don't like the colour, or because it's too big.

So, this guy was within his rights to refuse you, however, he did it one the wrong basis i.e. the supposed scratch.

In this situation, you'd have to depend on the good will of the shop in order to swap a duplicate present for something else, something obviously not forthcoming in this situation.
 
If it was sealed and he opened it and it was found to be scratched - then it is faulty and you have rights !
Am I right ?

By the way I brought a DVD back to HMV for the same reason (birthday) and they gave me a voucher.
 
getoffthepot said:
If it was sealed and he opened it and it was found to be scratched - then it is faulty and you have rights !
Am I right ?
Click to expand...

Yes, the right to a replacement (the same DVD-which the OP didn't want) or a repair (not realistic in this case)

getoffthepot said:
By the way I brought a DVD back to HMV for the same reason (birthday) and they gave me a voucher.
Click to expand...

Fair play to HMV, but they were under no obligation to do so.
 
it was not sealed when i bought it (no plastic or anything)... fair enough... i can understand that they are not under obligation. I stand corrected. Thanks for all your replys
 
Is the DVD actually 'unplayable'-if it is-you are entitled to a refund.

If not-can you save it for another birthday etc.
 
Not sure as i said i havent played it. I am keeping it for another present. Thanks
 
Try another branch of Tesco. I had exactly the same experience with Heatons this week. The Blanchardstown branch (where the DVD was bought) said they have a strict no exchange/refund on DVDs. I was in the Square the following day and they gave me a full refund.
 
bstop said:
If the other DVD is unscrached why not see if tesco will refund it.
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The OP has tried and Tesco have refused, as they are within their rights to do so, unless the DVD is faulty in some way. If the DVD is scratched, Tesco are obliged to offer a replacement, and may offer a refund.

For anyone confused over their rights in this situation, have a look at:

[broken link removed]
The National Consumer Agency site.
 
bstop said:
If the other DVD is unscrached why not see if tesco will refund it.
Click to expand...
To offer refunds in these circumstances would be a charter for piracy - The unscrupulous would copy the DVD and then return it.
 
And that makes it ok?

Let's stick to the issue of what your rights are as a consumer in the situation described.

Thanks.
 
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