Xbox One X Kinect Compatibilty Breaks the Consumer Law

Discus and support Xbox One X Kinect Compatibilty Breaks the Consumer Law in XBoX on Consoles to solve the problem; Sup Guys, Essentially the way Xbox has advertised and presented the compatibility of the Kinect is in breach of the consumer law and due to that,... Discussion in 'XBoX on Consoles' started by InsipidCjs, Nov 8, 2017.

  1. InsipidCjs
    InsipidCjs Guest

    Xbox One X Kinect Compatibilty Breaks the Consumer Law


    Sup Guys,

    Essentially the way Xbox has advertised and presented the compatibility of the Kinect is in breach of the consumer law and due to that, actually legally entitles everyone to either a refund of the X or reimbursement of the cost of
    the adapter or an adapter free of charge. The ACCC are aware of this and agree with said claim. The only way they could remove this legal requirement is to remove an misleading parts of the ad, which they have not. And even if done, it only applies to people
    who purchased the X after removal.

    Have of read of the claim I've sent to Eb Games below comment or even send a version to Xbox/Eb Games if you think Xbox shouldn't get away with this and offer adapters free of charge to owners with proof of purchase and ownership. You can legally ask of
    this of either the company you purchased it from or the manufacturer, it's your choice and they must deal with that.

    "To Eb Games Australia,

    On 07/11/2017, I purchased the Xbox One X from Eb Games Australia.

    Many months before the Xbox One X's launch and to exactly prior, both you (Eb Games) and Xbox Australia (and all other English speaking countries that sell Xbox products) have been displaying an advertisement that states "All the Xbox One accessories you
    have now (or have got your eye on) work with Xbox One X. No adapters, No hassle. Just play."

    That seems like a fairly blatant and straight forward statement (no asterisks or special conditions/policies were included with any of said advertisement iterations). Which essentially tell the consumer that the X will support all accessories for the Xbox
    One, which, of course, includes the Kinect. The Kinect is advertised and sold under the accessories title in both the Eb Games and Microsoft stores, meaning that under the consumer law, it must be deemed as an accessory.

    Based on this advertisement, the Kinect should be fully compatible with the X and require no adapters, however this is not case. It requires an adapter and at a cost, this is where the breach in consumer law has occurred, the direct consumer guarantees that
    have been breached are listed below. No mention of requiring an adapter (or at a cost) are mentioned anywhere on your website or Xbox's website. There is a difficult to find page (on Xbox.com.au) that states the S needs an adapter, however no mention is made
    of the X.

    The steps I've taken to resolve this have been two online support chats with Xbox Australia and one phone call, all having led to the same answer (including direct from the hardware department): "that I will have to buy an adapter, if I want to use the Kinect
    accessory".

    This is not only a breach of consumer law but a refusal to adhere to it, which is openly breaking Australian Law.

    Subsequently after my initial email, Xbox Australia altered the advertisement to not include the "no adapters" line, however said edit still breaks the consumer law. You, Eb Games, also removed said advertisement at the same time on your social media and
    Xbox One X page, as well as many other companies, which is highly coincidental. However, at the time of writing this, you still have an iteration of said advertisement displayed on your social media page.

    Even if said advertisement was retracted, I purchased the X with the understanding, from that advertisement, that I would be able to use the Kinect. Therefore, even retracted it is still valid in this claim, as it was retracted after my purchases and after
    being given the understanding/guarantee from the advertisement. Meaning retracting/removing is not a valid form of removal of liability.

    Please note, that as sellers of Microsoft products, you both represent their advertisements and are responsible for adhering to them (and yours) or clearly correcting your version of the advertisements (which was never done).

    I understand that under the Australian Consumer Law, when I buy products and services they come with automatic guarantees that they will work and do what I asked for.

    I will be providing screenshots of the advertisement in question, including a direct image of it being advertised on Eb Game's social media page. As well as a copy of text correspondence from Microsoft.

    To support the breach in consumer law: "fitness for disclosed purpose/be fit for the purpose the business told you it would be fit for and for any purpose that you made known to the business before purchasing/match descriptions made by the salesperson, on packaging
    and labels, and in promotions or advertising/not carry any hidden debts or extra charges/meet any extra promises made about performance, condition and quality, such as life time guarantees and money back offers".

    These direct quotes apply to how the advertisements in question have breached different aspects of consumer guarantees.

    In order for this matter to be resolved, it is my expectation that EB Games adhere to the consumer law by providing a suitable remedy to the breaches and either a) reimburse myself for the cost of a Kinect adapter ($54.95 AUD, not including postage cost)
    or b) provide a Kinect adapter without cost. Please note, that as the consumer, I have the right to request this of you over or, as well as, the manufacturer and it is your responsibility to liaison with the manufacturer, if you need do so.

    If the steps outlined above and below are not successful, I am willing to take the case to the small claims court.

    If I do not hear from you within 5 working days, I will lodge a formal complaint with Office of Fair Trading Queensland and/or report my issue to the ACCC."

    :)
     
    InsipidCjs, Nov 8, 2017
    #1
  2. Sir Oled
    Sir Oled Guest
    Xbox one Dolby vision

    Bad news for LG E6 owners no compatibilty for Vision on the xbox x :thumbsdow :thumbsdow :thumbsdow :thumbsdow :devil: :devil:
     
    Sir Oled, Nov 8, 2017
    #2
  3. So who else preordered forza 7 ultimate?:')

    My 73 year old father in law and 68 year old mother in law are buying an Xbox One X for Forza 7. So there ya go that E3 trailer sold my Apple loving ancient in laws an Xbox One X lol.
     
    SteadyMercury, Nov 8, 2017
    #3
  4. InsipidCjs
    InsipidCjs Guest

    Xbox One X Kinect Compatibilty Breaks the Consumer Law

    An update, within a day EB Games replied and obliged with a new adapter, obviously they know how to run a business. They updated their advertisements too, so buying one from them after the 11/11/2017 will make a claim invalid, but
    if you bought from them prior or bought from or do from any retailers who haven't updated their advertisements, under law, you're still required compensation.
     
    InsipidCjs, Nov 10, 2017
    #4
  5. InsipidCjs Win User

    Xbox One X Kinect Compatibilty Breaks the Consumer Law

    An update, within a day EB Games replied and obliged with a new adapter, obviously they know how to run a business. They updated their advertisements too, so buying one from them after the 11/11/2017 will make a claim invalid, but
    if you bought from them prior or bought from or do from any retailers who haven't updated their advertisements, under law, you're still required compensation.
  6. minstralm Win User

    Game Pass Ultimate Cancelled My Xbox Live Subscription

    If it dosent return to previous subscription then it breaks consumer laws. How does one contact support?
  7. Dat Geek Win User

    Call of duty Advance warfare No games found?

    Bought the game last night and i'm also getting this issue.

    I'm with UblarGowilla, i am never buying another game from Sledgehammer Games...

    I wasn't sure if i should buy the game on the Xbox One but i, like others, wanted to play it till BO3 arrives. Now i'm stuck with a game i can't even play, and a stupid *** company that is currently breaking the consumer laws by refusing any refunds (At
    least in my country they're breaking the consumer laws).

    If i could get a refund, i would. Wasted about $75 on a broken *** product i can't use. GG...

    I'm tempted to take this one to the EU Commission's consumer affairs dept...

    If we can't use a product (broken features etc that makes it unusable), whether it's a physical or a digital product, that we've paid for in full, then by law (in my country), we are eligible for a full refund. It is called consumer rights, something all
    countries in the EU and Scandinavia have. A company releasing a product in another country has to abide by their consumer laws.
  8. IgotTSondabrain Win User

    I Will Not Be Buying a VCR One.

    since I don't feel the need to break laws, the nsa won't ever need to come looking for me. therefore I can feel totally comfortable with the idea of buying an xbox one... Kinect or no
  9. crazydude1965 Win User

    Transferring X360 to X1 S

    I looked at my stack of old 360 games those that were on compatibilty list installed fine on my xbox one x
Thema:

Xbox One X Kinect Compatibilty Breaks the Consumer Law

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