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/
The following is unaffiliated with labby.co.uk
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