Update: Thinq.co.uk 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)
Reason for refund: Account adjustment"
And here is the legal citation under Directive 1999/44/EC, 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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