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Sale of Goods Act

RichAllen
Grafter
Posts: 805
Registered: 14-09-2013

Sale of Goods Act

Topic.
Just come back from Meadowhall, bought a £2 pre-owned Xbox game from Game, took it to the assistant after I picked it up off the shelf, he went in the back and got the disc, but the disc was very badly scratched, he said come back in 10 minutes and he'd run it through their disc cleaning system, by this time I'd already told him that strictly speaking if the game was so badly scratched it was probably unplayable thus not fit for purpose and under the Sale of Goods Act should not be legally sold, he just said take it anyway and keep the receipt in case of problems.
I haven't tried the game in my Xbox yet, but I suspect it might not work due to the disc being so scratched, he was still cleaning it when I went back, but for 2 quid, if it doesn't work I can bin it.
Point is though, should I have made more of a thing about SOGA?
34 REPLIES
Community Veteran
Posts: 6,824
Registered: 27-10-2012

Re: Sale of Goofs Act

Yes...
He should have tested it before selling it.
Community Veteran
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Registered: 31-07-2007

Re: Sale of Goofs Act

http://www.moneywise.co.uk/cut-your-costs/shop-smart/your-rights-when-buying-second-hand-goods
Unvalued customer since 2001 funding cheap internet for others / DSL/Fibre house move 24 month regrade from 8th May 2017
Community Veteran
Posts: 3,380
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Registered: 18-01-2013

Re: Sale of Goofs Act

The goods should be "fit for purpose" if sold as such.
I've seen very scratched games play perfectly. The price Game charges can also reflect the condition of the disk, instructions and packaging.
Try installing it onto the Xbox hard drive - if it skips or makes funny re-reading sounds then take it back.
We had the same with the Stepson the other day - he bought a few preowned games and one of them failed to work properly - they exchanged it without any issues.
Testing a disc fully isn't a viable option unfortunately. The copy protection they put on many discs makes it hard to thoroughly check a disc so installing it on your Xbox is the next best way of testing it.
itsme
Grafter
Posts: 5,924
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Registered: 07-04-2007

Re: Sale of Goofs Act

You have very little comeback as you brought it knowing there could be a problem
Quote
When are you not entitled to anything?
if the trader made you aware that the goods were faulty before you bought them
if the fault was obvious and it would have been reasonable to have noticed it on examination before buying the goods
if you caused any damage yourself
if you have changed your mind about the goods for example they are the wrong size or you don't like the colour.
Community Veteran
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Registered: 01-08-2007

Re: Sale of Goofs Act

Scratches onthe bottom of the disc often aren't a problem. It's just a clear pice of plastic anyway that provides the structure of the CD. The actual data is on the top of the disc - thats where the silver stuff is and the label is printed on the top of it.
Sure some CDs don't work with scratched bottoms but most will. Scratch the top though and you're really knackered.
As for whether it should have been on sale or not.. well thats the retailers issue. If they want to risk their reputaton thats down to them. No point going round and being the shopping police though Wink
I need a new signature... i'm bored of the old one!
Community Veteran
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Registered: 18-01-2013

Re: Sale of Goofs Act

[QUOTE=Itsme]You have very little comeback as you brought it knowing there could be a problem
Wrong - if the game was sold as working then it will either work or he can get a refund.  The salesperson said to keep the receipt in case of problems therefore accepting there may be an issue and implying a resolution if there was.
By cleaning and polishing the disc he was trying to make sure the disc was playable rather than selling a disc "as seen"
Community Veteran
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Registered: 18-01-2013

Re: Sale of Goofs Act

Quote from: 7up
Scratch the top though and you're really knackered.

When I worked at Tandy, we had great success repairing discs with scratched silver faces with silver reflective labels. I suspect some tinfoil or similar (nothing too thick as it unbalances the discs) may rescue some CDs and DVDs which have had their printed sides scratched.
Community Veteran
Posts: 13,921
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Registered: 01-08-2007

Re: Sale of Goofs Act

For sound yes because the CD player only needs to decode on the fly and play whatever it decodes. At the speed the CD is spinning that won't make a lot of difference.
With a data CD however the data will be corrupted because there is simply nothing there including parity bits (I'm vaguely remembering that CDs use parity bits?)
I need a new signature... i'm bored of the old one!
Community Veteran
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Registered: 18-01-2013

Re: Sale of Goods Act

Not sure how accurate Wikipedia is on this but the CD has the data 0.1mm below the printed surface while DVDs have the data midway through the depth of the disc (0.6mm). Xboxes use DVDs as their media.
https://en.wikipedia.org/wiki/File:Comparison_CD_DVD_HDDVD_BD.svg
You could probably skim the DVD and polish it and it could still work  Grin
TORPC
Grafter
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Registered: 08-12-2013

Re: Sale of Goods Act

CD/DVDs arnt heads Roll eyes
Community Veteran
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Re: Sale of Goods Act

Eh ?
TORPC
Grafter
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Registered: 08-12-2013

Re: Sale of Goods Act

Quote from: DomS
You could probably skim the DVD and polish it and it could still work  Grin
Quote from: TORPC
CD/DVDs arnt heads Roll eyes

Perhaps I should of said Cylinder Heads
All the mechanics should know what I meant  Wink
Community Veteran
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Registered: 18-01-2013

Re: Sale of Goods Act

Ahh gotcha.
I was meaning either skimming the DVD on a lathe then polishing to remove any deep groove scratches which would deflect the laser significantly or putting the DVD on a milling machine and/or polishing machine to do the same. If a DVD is 1.2mm thick and the data is stored midway at 0.6mm then you would have a good chance of regaining a readable DVD assuming the lens on the reader head didn't index to the outer surface of the DVD then focus 0.6mm in.
P.s. it shouldn't raise the compression ratio too much with a really fine skim Wink
Community Veteran
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Registered: 12-08-2007

Re: Sale of Goods Act

Why start talking about SOGA.  The retailer seems to have tried to sort it out and if it doesn't work he seems happy to refund the cost. You haven't seen if it works and you are looking for problems. See if it works then decide if you want to keep it or get your money back.