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European Law Grants Partial Refund Due to PS3 OtherOS Removal


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229w ago - Update: [Register or Login to view links] now reports that Sony has stated they have no intention of reimbursing retailers if they offer fat PS3 users partial refunds because of the removal of the Install OtherOS function, and as a result retailer GAME is already refusing refunds.

According to PlayStationUniversity.com (linked above), a European law grants a partial refund to PS3 consumers due to the recent removal of the OtherOS feature in the PS3 Firmware v3.21 update.

A PS3 owner (60GB) version has managed to gain a partial refund from Amazon (without returning the system) due to the removal of the OtherOS feature.

The EU citizen cited a European law which states a product must be fit for its purpose which was made known to the seller at the time of purchase, and as a result he managed to receive around 80GBP back!

To quote: "The online retailer's policy was to offer a refund weighing in at approximately 20 per cent of the console's original value. Amazon responds:

We are writing to confirm that we have processed your refund in the amount of £84.00 for your Order 666-5327564-4432412.
Item Refund: £71.49
Item Tax Refund: £12.51
This refund is for the following item(s):
Item: Sony PlayStation 3 Console (60GB Premium Version)
Quantity: 1
ASIN: B0007SV734
Reason for refund: Account adjustment"

And here is the legal citation under [Register or Login to view links], which was accepted into European Parliament on January 1, 2002.

"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."



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Comments 32 Comments - Go to Forum Thread »

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iapetus's Avatar
#32 - iapetus - 229w ago
Seems the original story *could* be fake...
Not fake.
these news unfortunately must be fake.. we have no certain proofs that it's a real fact. 2 persons saying so isn't a fact. they could have take advantage of this fake story to bring more people on their web sites.
The last thing we need at NeoGAF is more people on the website. The servers creak under the load at times anyway. Besides, the first time I posted about it wasn't at NeoGAF, it was on the EU PS3 message boards. Somehow I doubt Sony fabricated the story to pull more people to their site...

Osirisx's Avatar
#31 - Osirisx - 229w ago
I got mine from a seller on amazon, it was brand new but "open box" as the box was damaged. only had it 3 months and still have the sales invoice, they wont help, ass hats so will sony do anything?

its still covered under a 12 month uk warrentie.

superste2201's Avatar
#30 - superste2201 - 229w ago
The law doesn't just give a partial refund it says it's illegal.

Directive 1999/44/EC. "The goods must comply with the description given by the seller"

The EULA/TOS are NOT above the law. Period.

Bulldogzz's Avatar
#29 - Bulldogzz - 229w ago
I'm emailing Argos right now.

And rightfully they should, i did genuine use and want the other os feature.

Let me know how that goes, I bought mine from there..

tborsje's Avatar
#28 - tborsje - 229w ago
these news unfortunately must be fake.. we have no certain proofs that it's a real fact. 2 persons saying so isn't a fact. they could have take advantage of this fake story to bring more people on their web sites.

NeoGAF is NOT the sort of site which would lie about this stuff to to get visitors, given that there's about a 1 year wait to get posting rights.

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