play.com return rights

cooki2222

I got a battery for my camera from play.com because i thought my battery had died but the camera has died itself, i opened the battery packet to try it out sliced the back of the plastic and now want to return it.

Why do you want to return this item?

The item is faulty.

The item was damaged in transit.

You have sent me the incorrect item.

You have sent me a duplicate item in error.

I no longer want the item (it is unopened).

Surely i can return the item no matter what under the distance selling act?? whether it be open or not

Ivory_Tinkler

But if you have opened it then it is not in a resaleable condition and I'm pretty sure the DSR's state that you have to take care off goods in your possession if you want to return them. Surely by slicing open the packaging you haven't taken care of them and anyway, how are play.com to know that you haven't swapped a good battery with a dud to return?

I may be wrong on this and someone else will be along shortly to put me right if this is the case

cooki2222

Ivory_Tinkler wrote: »

But if you have opened it then it is not in a resaleable condition and I'm pretty sure the DSR's state that you have to take care off goods in your possession if you want to return them. Surely by slicing open the packaging you haven't taken care of them and anyway, how are play.com to know that you haven't swapped a good battery with a dud to return?

I may be wrong on this and someone else will be along shortly to put me right if this is the case

lol well thats true, i could say it arrived like that

negg

You have every right to return under the distance selling regulations as long as it is in a condition fit for resale. It isn't. It is a consumable item, which the supplier can class as used as soon as opened. They'll also know it wasn't sent out like that and returning it will simply cause you to lose the item since they have no legal obligation to refund it or even to send it back to you.

Your best bet would be to stick it on ebay and try and get some money back.

negg

... and are you completely sure the camera has died? Don't forget that rechargeable batteries are sold 'flat' and may need a long charge before any kind of life springs into them. Often they need a good 14 or 16 hour charge.

cooki2222

i think the on/off button has went on it, will give the battery a charge and see what the craic is

withabix

You have NO rights to return this item for the reason you have stated.

derrick

cooki2222 wrote: »

I got a battery for my camera from play.com because i thought my battery had died but the camera has died itself, i opened the battery packet to try it out sliced the back of the plastic and now want to return it.
Surely i can return the item no matter what under the distance selling act?? whether it be open or not

Play are Jersey based and not bound by English law so the DSR doesn't apply.

Optimist

derrick wrote: »

Play are Jersey based and not bound by English law so the DSR doesn't apply.

Jersey introduced Distance Selling Regulations on the 1st March 2008

derrick

Optimist wrote: »

Jersey introduced Distance Selling Regulations on the 1st March 2008

But don't you have to use the Jersey system? or is it now in English law?

Optimist

derrick wrote: »

But don't you have to use the Jersey system? or is it now in English law?

They are a part of the EU and its a part of European Council Directive (97/7/EC).

It is enforced by Jersey trading standards