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Refusing a Play.com delivery

2

Comments

  • Sponge
    Sponge Posts: 834 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 6 May 2009 at 10:27PM
    I love a good debate! :)

    How long do you think Play would be able to keep my money and the goods, if I tell them I won't accept them?

    I've had similar situations with retailers, iirc one was with Amazon, and they told me to refuse the delivery and the parcel would go back to them. I would then get a refund and could re-order. I was curious if Play would, play too.

    I seriously doubt Play have an agreement with HDN for them to make infinite delivery attempts. It will, at some point, go back to them. But I understand your point that the battle may then become getting the actual refund.

    The person I spoke to at Play implied I would be responsible for any loss of the goods after rejection, but I can't see that. Especially as it appears to contradict their own T&Cs which I managed to find just before re-joining this thread.
    Risk in any product ordered will pass upon delivery to you.
    To me this seems pretty clear - any loss/damage would be for Play and the couriers (HDN) to sort out, nothing to do with me as the goods have not been passed (delivered) to me, therefore neither has the risk.
  • advent1122
    advent1122 Posts: 1,403 Forumite
    I still think you are setting yourself up for a whole load of hassle for the sake of a few quid.
  • prowla
    prowla Posts: 14,221 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'm not sure of the legalities of the ensuing situation: you have ordered something, they have tried to deliver but you haven't taken receipt, therefore the item is not delivered.

    Well, they offered it at a price and you accepted that price and ordered it, to which they have supplied it in good faith.

    I guess there is a message to do your research better before clicking on the buy button.
  • They may not let you re-order if you refuse delivery, also. Meaning you might not save the £6 because you'd have to order elsewhere x
  • substandard
    substandard Posts: 32 Forumite
    Doesn't DSR mean you can send an item back within seven days of receipt whatever the reason?

    From reading posts elsewhere I get the impression DSR was brought in to allow buyers the same chance to evaluate an item that they would if they bought in a shop.

    So couldn't you just accept delivery and tell Play you're returning the item under DSR. Then just re-order. Hardly in the spirit of the law, but I don't see why this wouldn't work. Any ideas?
  • mookie
    mookie Posts: 2,655 Forumite
    Doesn't DSR mean you can send an item back within seven days of receipt whatever the reason?

    From reading posts elsewhere I get the impression DSR was brought in to allow buyers the same chance to evaluate an item that they would if they bought in a shop.

    So couldn't you just accept delivery and tell Play you're returning the item under DSR. Then just re-order. Hardly in the spirit of the law, but I don't see why this wouldn't work. Any ideas?

    Yes OP can do this but it is not free returns, so overall saving would be around £3 not the £6 price difference. Also under DSR they have up to 30 days to refund so OP could be £72.99 down for a few weeks.

    I had an item go missing in delivery from Play, took almost 2 months to get a refund. For the sake saving of £3 I would just keep the item its not worth the hassle and time involved.
  • pinkshoes
    pinkshoes Posts: 20,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    £6 is 2 pints of beer, so accept the delivery, enjoy your wireless print server, and drink 2 pints less this week.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 7 May 2009 at 12:54PM
    mwilletts wrote: »
    Erm...no

    Unfortunately the DSR's say differently. If you reject the goods (which is effectively what you are doing) and you don't send the goods back safely, then you are responsible for them, NOT play. So you have 3 options:

    1) Keep the goods, and lose £6
    2) Send the goods back yourself, and lose £2.50
    3) Refuse delivery and potentially lose £72.99

    I know which I'd do...

    Incorrect! From a "Business Guide to DSR" Page 22

    Can a consumer cancel an order before they receive the
    goods or where goods are lost in transit?

    3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
    unconditional. If consumers cancel before they have received the
    goods you must refund the total price of the goods, including any
    delivery charges.
    Consumers who have cancelled under the DSRs
    may refuse to accept delivery of the goods. Refusal in such a
    situation cannot be treated as a breach of contract.


    So inform them you are cancelling,(an e-mail would be the quickest and acceptable way to do this).


    .
    Don`t steal - the Government doesn`t like the competition


  • DaisyFlower
    DaisyFlower Posts: 2,677 Forumite
    Play are Jersey based and not bound by english law so the DSR doesnt apply.

    OP seems to do this quite often so has probably already decided what to do before posting anyway.
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Play are Jersey based and not bound by english law so the DSR doesnt apply.

    Whoops, I keep forgetting that:o

    Maybe the moral is, don't use Play.com ;)
    Don`t steal - the Government doesn`t like the competition


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