labby.co.uk

I have just received the following email from Gamestation regarding a partial refund under EU law over Sony Firmware version 3.21 and OtherOS removal:

Hello Gregory

Thank you for your email.

We are currently investigating your query further and would like the opportunity to contact you via phone to discuss this further once we are in a position to do so.

We would kindly ask that you provide a contact number as well as a proof of purchase for your console. Once this has been received a member of staff will be in touch when possible.

To send us your proof of purchase either attach it to an email as a jpeg, or as part of a word file. Alternatively you can fax it to us on 01256 784226, or you can post it to us here:

Customer Services
Gamestation
Unity House
Telford Road
Basingstoke
Hampshire
RG21 6YJ

If posting this to us please include a covering letter with your details. We look forward to hearing from you.

Regards,

Lucy M

Gamestation

For those of you in the know, this is the last stage their parent company GAME UK takes before issuing refunds.

Beginning the process of finding the receipt, although strictly according to the UK SOGA it is not necessary – their own systems will have the sale registered.

If you have been affected by this situation do not lose heart, and definitely do not take no for their final answer.

Even the age of the console is not an issue – “reasonable time” is what you think is reasonable, not just what the seller thinks is reasonable.

Just think back to all the comedy sketches about the guarantees lasting until you leave the shop, the Sale of Goods Act (SOGA) is in place to protect the consumer.

Related Posts:

• Another “people are getting paid for OtherOS removal” post
• Update on Gamestation liability for OtherOS removal
• Sony PS3 60GB entitlement to partial refund under EU law
• Playstation 3 PS3 firmware update 3.21 bypass
• Playstation 3 PS3 firmware update 3.21

According to http://www.maxconsole.net/content.php?39886-UK-retailer-GAME-offers-PS3-OtherOS-refund-then-tries-to-bribe-customer-to-remain-silent customers of Game (the parent company of Gamestation) is paying customers who push further than the standard “not our problem, talk to Sony” emails and are showing knowledge of the UK Sale of Goods Act.

It is looking more than promising.

Sony is already facing a class action lawsuit in the States for the OtherOS removal, and I don’t think that this move will make them popular with retailers in the UK either.

Related Posts:

• Stage 3 email from Gamestation, settlement is near
• Update on Gamestation liability for OtherOS removal
• Sony PS3 60GB entitlement to partial refund under EU law
• Playstation 3 PS3 firmware update 3.21 bypass
• Playstation 3 PS3 firmware update 3.21

I just received the following reply to an email made to Gamestation UK regarding Sony Playstation 3 OtherOS removal in firmware version 3.21:

Hello Gregory
Thank you for your email.

Thanks for your email, may I at the outset apologise for the delayed response. We are currently receiving a high number of emails and we are working to respond as quickly as possible.

I can confirm that Gamestation are not in a position to offer a refund for your PS3 console.

Upon setup of your PS3 console you would have agreed to a set of Terms and conditions, it is in these Terms and Conditions that Sony did make provisions to effect an upgrade that could cause a loss of functionality. If you refer to Paragraph 10 of the Playstation Network Terms of Service and User agreement you will be able to see the full details.

It is consumer choice when it comes to accepting updates, if you choose not to update your console then Gamestation cannot be held responsible for loss of functionality.

You may wish to contact Sony, 08447 360 595 with regards to this issue who may be able to assist you further on this occasion.

Regards,

Katy
Gamestation

I replied to this email with the following:

Thank you for responding to my enquiry.

Please allow me to reply and restate my case.

As the retailer I purchased the console from it is your duty in law to abide by all rules and regulations dictated.

Your company is clearly violating EU law Directive 1999/44/EC, as previously stated.

My purchase was from your Company, not Sony Entertainment, which makes you as the retailer liable.

Please take the time to reread the Directive text quoted below and I will break it down afterwards to show your stance is incorrect:
“The goods must:
comply with the description given by the seller[1] and posses the same qualities and characteristics as other similar goods
be fit for the purpose which the consumer requires them[2] and which was made known to the seller at the time of purchase[3].”
[1] Your Company is the seller, not Sony Entertainment
[2] I required the use of OtherOS and the ability to play legitimately purchased games
[3] I was told by your Sales Representative instore that I could do both of the above with the console I purchased

Upon Sony removing the OtherOS functionality the product became no longer fit for purpose under [2] as shown above
Upon Sony removing the OtherOS functionality the product was no longer as described by the Seller at the time of the purchase under [3] as shown above

Please take the time to reconsider your position and my request, noting that other Companies in the same position as yourselves are already issuing partial refunds to comply with the aforementioned EU law Directive 1999/44/EC

I also notice in your email reply the following sentence which I find very interesting and will investigate further:

“It is consumer choice when it comes to accepting updates, if you choose not to update your console then Gamestation cannot be held responsible for loss of functionality.”

I understand that to mean that if I was to update then Gamestation can be held responsible for loss of functionality.

In good faith

Gregory Fenton

The original message I sent was as follows:

Sent: 09/04/2010
To: info@gamestation.co.uk
Subject: Product Enquiry

A website user has submitted the following query:

Name: Gregory Email Address: [redacted] Phone: Preferred contact method: Email

User Query: I purchased a playstation 3 60GB console from one of your retail stores.

The purchase was made specifically because of the ‘OtherOS’ feature which was a selling point of the PS3 60GB over the newer slimline models.

I actually purchased from the store a 250GB slimline PS3 but returned it the next day when I discovered that OtherOS was not part of the slimline range, and was sold the PS3 60GB on the basis that it had the OtherOS feature.

Sony recently updated the firmware code and disabled the OtherOS functionality thus breaking EU law Directive 1999/44/EC and making your company liable under this paragraph:
“The goods must:
comply with the description given by the seller and posses the same qualities and characteristics as other similar goods
be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”

I note that Amazon UK is already offering refunds without return of the item of approximately 20% the sale value of the console even though said consoles are no longer covered by their warranty due to age.

I ask you to consider your duty in law and offer me the same percentage refund on my purchase.

Relevant links:
directive 1999/44/ec

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

Amazon refunds customer for OtherOS removal

http://www.playstationuniversity.com/ps3-owner-refunded-without-return-for-missing-other-os-3555/

Incoming search terms for the article:

• gamestation refund ps3

Related Posts:

• Stage 3 email from Gamestation, settlement is near
• Another “people are getting paid for OtherOS removal” post
• Sony PS3 60GB entitlement to partial refund under EU law
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• Playstation 3 PS3 firmware update 3.21

Mailed to Gamestation UK – the retail outfit I purchased my PS3 60GB from:

I purchased a playstation 3 60GB console from one of your retail stores.

The purchase was made specifically because of the “OtherOS” feature which was a selling point of the PS3 60GB over the newer slimline models.

I actually purchased from the store a 250GB slimline PS3 but returned it the next day when I discovered that OtherOS was not part of the slimline range, and was sold the PS3 60GB on the basis that it had the OtherOS feature.

Sony recently updated the firmware code and disabled the OtherOS functionality thus breaking EU law Directive 1999/44/EC and making your company liable under this paragraph:
“The goods must:
comply with the description given by the seller and posses the same qualities and characteristics as other similar goods
be fit for the purpose which the consumer requires them and which was made known to the seller at the time of purchase.”

I note that Amazon UK is already offering refunds without return of the item of approximately 20% the sale value of the console even though said consoles are no longer covered by their warranty due to age.

I ask you to consider your duty in law and offer me the same percentage refund on my purchase.

I request a formal response regarding your position via email within 14 days.

Relevant links:
directive 1999/44/ec

http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32022_en.htm

Amazon refunds customer for OtherOS removal

http://www.playstationuniversity.com/ps3-owner-refunded-without-return-for-missing-other-os-3555/

Incoming search terms for the article:

• ps3 60gb new
• ps3 fit for purpose return

Related Posts:

• Playstation 3 PS3 firmware update 3.21 bypass
• Playstation 3 PS3 firmware update 3.21
• Stage 3 email from Gamestation, settlement is near
• Another “people are getting paid for OtherOS removal” post
• Update on Gamestation liability for OtherOS removal

Want to keep your OtherOS functionality and use PSN too?

All you have to do is make your primary DNS 67.202.81.137 and your ps3 will be able to connect to PSN without any updates.

No need for proxies or anything else :D

Want to keep your OtherOS functionality and use PSN too?
Here’s how:
On your PS3, sign out of PSN
Download and install PS3.ProxyServer.GUI here: http://www.mediafire.com/?ywnmy1wykzi
It doesn’t create shortcuts so navigate to C:\Program Files\CF3B5\PS3.ProxyServer and run PS3.ProxyServer.GUI.exe
Type your current LOCAL IP ADDRESS (probably 192.168.*.*), you can leave the port as 8080, check PS3 Mode
Whatever port you use must be open on your router, so if 8080 is blocked, open it now
Go to the Replace Files tab and click Add
In the left box, paste this address:
http://fus01.ps3.update.playstation.net/update/ps3/list/us/ps3-updatelist.txt
In the right box, click browse and find your LOCAL COPY of the 3.15 ps3-updatelist.txt file, download from here: http://www.mediafire.com/?dyjldy24yod
Back to the Proxy Settings tab, click Start
From your PS3’s XMB, go to Settings, Network Settings, then Internet Connection Settings
Keep everything the way you have it configured now except for the Proxy Server option, make sure you click Use
Type the IP address and port number to your local computer (from step 4 above)
Finish configuring, test connection, make sure it connects
That’s it. If the connection test works, you can now sign into PSN with 3.15 and bypass the 3.21 firmware check
Note that you must keep PS3.ProxyServer.GUI running when you want to use your PS3 until we get Custom Firmware
From: http://www.bonznumber1.com/gaming-consoles/ps3/update-ps3-to-3-21-and-keep-otheros/

Related Posts:

• Sony PS3 60GB entitlement to partial refund under EU law
• Playstation 3 PS3 firmware update 3.21
• Stage 3 email from Gamestation, settlement is near
• Another “people are getting paid for OtherOS removal” post
• Update on Gamestation liability for OtherOS removal

I am guessing that I am not the only male in the world currently having major rows with his wife because of Sony’s latest firmware update.

I bought a 250GB PS3 slim and took it back to the shop because it does not have the OtherOS functionality, then paid the same amount for a PS3 60GB that did have the functionality.

This morning my wife came to play Final Fantasy XIII and was told she needed to do a firmware update to enable the Playstation Network. I just happened to glance up and see that the firmware update would remove the OtherOS functionality and told her to stop immediately. Argument 1 – never tell a woman to stop.

I sent Sony a complaint:

Your latest firmware update 3.21 has crippled the usage of my PS3. I use the otheros functionality on a daily basis and my wife uses the playstation network.
Your update means that one or the other of us cannot use the PS3 for the use it was purchased for.
I will be fully investigating my rights as a consumer because your company has purposefully removed a feature that was a major part of the reason I purchased the console in the first place.

I fully intend to do as I told them – I will be researching the sale of goods act carefully and consulting my local Trading Standards and Citizen’s Advice Bureau.

I know this is a knee-jerk reaction to the hypervisor exploit that has been released, but I don’t see why I as a legitimate consumer should lose functionality because someone finally cracked the gaming system.

This to me feels like Sony throwing their dummy out of their pram because things are not going their way.

When it comes down to it if we consider the age of the OtherOS capable PS3s we are a minority – not an insignificant number but there must be more of the new slimline users out there than the old machines simply considering the likelihood of failures over time.

I am not a Sony fanboy nor a Microsoft one. I have a Wii, PS3, xbox 360 and don’t play any of them – I much prefer my PC which runs Linux. I have set up the PS3 for my child to learn to use a computer before I actually buy him his own PC.

Incoming search terms for the article:

• gregory@yahoo co uk 2010

Related Posts:

• Sony PS3 60GB entitlement to partial refund under EU law
• Playstation 3 PS3 firmware update 3.21 bypass
• Stage 3 email from Gamestation, settlement is near
• Another “people are getting paid for OtherOS removal” post
• Update on Gamestation liability for OtherOS removal