RailMaster DVD missing from factory sealed box

[pawel_kosinski]

Hi Guys,

Hoping someone will be able to help me here. I have purchased Western Master set with eLink. It supposed to have RailMaster dvd inside but there was none, also there was no leaflet with an activation code.

I have contacted Hornby support in hope that someone will be able to help me get an activation code to replace the missing dvd from my set. Below is the reply I have received:

If purchased from new, as you have mentioned, you will need to contact the place of purchase regards this. We cannot supply you with an activation code, that will be Railmaster direct, however they will charge you for this. As it was missing from new, the place of purchase will have to either supply you with a new set, or get an activation code from another set, if they have one.

Now my question is if anyone was in situation like that, and secondly if I paid a full price for a factory sealed set how come it is my responsibility to replace missing software (or the reseller's for that matter)?

Any help would be greatly appreciated as my digital is just sitting there and i am unable to enjoy it.

Regards

Pawel

[96RAF]

The missing DVD is no problem as you can download the very latest version from the link at the top of the RM forum page, but the activation code is another thing.

 

As the set is an eLink set it can only work with RM hence it must be supplied with an activation code, usually as part of the DVD packaging.

 

As advised by Hornby get back onto the supplier and ask where the DVD and code is as it was missing from a supposedly factory sealed set. See what they have to say but it looks to me like a simple packing error from the factory which is in China, not a local Hornby area.

[Chrissaf]

...also there was no leaflet with an activation code.

 

In my 2013 / 2014 copy of RailMaster. The activation code was not printed on a removable leaflet. It was printed on a label glued to the inside of the plastic CD/DVD case and completely irremovable.

 

How sure can you be that the set was being sold as brand new. It sounds to me like an original owner sold the set to your supplier and presented it fraudulently to your supplier as new, having fabricated a dummy sealed CD/DVD case to hood-wink them.

 

Who did you purchase it from. I believe Hornby are correct, your issue is with the supplier, not them. Only your supplier will have the paper trail to show the provenance of the product supply chain.

 

[Augustus Caesar]

The issue is always with the seller of the product to yourself and not their supplier nor Hornby in this case.

It is up to your original supplier to check the goods if bought from an individual and the fault lies with them. The ONLY difference here is that if they buy from an individual (or company), then check the goods and sell them to you whilst their advert says "Parts missing" (stating which parts) then it is your fault for buying whilst knowing those parts are not packaged.

If bought from your original supplier and they got their stock from Hornby it is STILL up to the original supplier to sort the issue you have.

Your original supplier must then redress the balance by making claims against whomever their stock was bought from.

Sale of Goods Act good and simple.

Whilst I know one or two others may yet add stuff to this comment it is basically this post that you need take note of (without disrespecting my fellow Com Mods with their comments above which are sound). It is precise and as simple as can be. It matches your circumstances. The comment in yellow, above, from Hornby is wholly correct. The fault lies with your supplier unless they can prove they sold the goods to you under an advert saying quite specifically that parts were missing. However, they MUST detail which parts, otherwise their statement is illegal.

Contact your original supplier and quote these comments and if not satisfied go to Citizens Advise for advice which will match what I have given but you can use them to act on your behalf.

[Fishmanoz]

To summarise AC's excellent detail, it's a warranty issue and your warranty is with your supplier.