Returning items to play.com

eBayTerry

This almost seems like deja vu because i have posted a very similar problem in the eBay forum today..

Anyway

If play.com send out the wrong item but i didnt realise straight away and foolishly opened the packaging. Can i still return it?

I ordered one of those ipod touch protective covers for my girlfriend.

When it arrived on first look it was not the same colour as i ordered, i thought oh well this colour still looks good so opened it anyway

Then unpacking it i notice this particular item is for the iphone!
It looks the same at first but does not fit the ipod touch

Ive completed the returns section on their site - but am i going to be refused when they find it has been opened?

derrick

eBayTerry wrote: »

This almost seems like deja vu because i have posted a very similar problem in the eBay forum today..

Anyway

If play.com send out the wrong item but i didnt realise straight away and foolishly opened the packaging. Can i still return it?

I ordered one of those ipod touch protective covers for my girlfriend.

When it arrived on first look it was not the same colour as i ordered, i thought oh well this colour still looks good so opened it anyway

Then unpacking it i notice this particular item is for the iphone!
It looks the same at first but does not fit the ipod touch

Ive completed the returns section on their site - but am i going to be refused when they find it has been opened?

They sent you the wrong item, they are obliged to supply the correct item or refund you ALL of your money inc ALL P&P, both ways.

See [FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

In particular page 27, 3.55, 3.56, 3.57.
Page 28, 3.58, 3.59

Inform them immeadiately, (via email), that you are returning under DSR as the goods are not as ordered.


From Play.com website; -
Returning an unwanted item

You may return any unopened item within 7 days of receiving it, for a full refund. We will refund your card once we have received and processed the item.

• We will only refund delivery costs if the return is a result of our error.
• We cannot refund or exchange an opened item unless it is faulty, or if the item was sent to you through our error.

Ignore their point re "You may return any unopened item", as they cannot take away your Statutory Rights with their T&Cs, and DSR allow you to open the packaging.

OlliesDad

The above is correct if the company is a UK based company, but since play.com are Jersey based, the DSR do not apply.

It seems that you are unfortunately stuck with the item. The only thing i can suggest is selling it on ebay or locally.

derrick

OlliesDad wrote: »

The above is correct if the company is a UK based company, but since play.com are Jersey based, the DSR do not apply.

It seems that you are unfortunately stuck with the item. The only thing i can suggest is selling it on ebay or locally.

On one of the pages I opened for Play.com, the address bar had UK in the title, (can't find it know), however it makes no difference as Jersey have their own DSR therefore compliance is there!


http://www.gov.je/NR/rdonlyres/DD0657A2-D32F-4303-92BF-756564962BD8/0/JerseyDistanceSellingGuideV5.pdf

"Businesses that normally sell by distance means and have systems in place for trading this way (for example by having standard letters or emails that they send to consumers they deal with at a distance) need to comply with the Distance Selling (Jersey) Law 2007 that came into force in March 2008."

(See pages 3 & 4, 2.6, 2.7, 2.8.)