Wrong item shipped after order at Play.com - my rights?

GentleGiant_2

Hi,

I ordered an item from a third party company on play.com.

The items on the site was clearly marked up as an 8GB memory card, with a picture of an 8GB card.

The order on the play.com site also clearly said an 8GB card, and still does.

The company shipped a 4GB card and put a 4GB on the delivery note.

I queried this with them, they claimed it was a listing error by play.com

They have asked me to send it back, and supplied a freepost address - however the email also makes it clear that I have to get adequate cover the the item, and if it goes missing I will need to claim to Royal Mail.

What are my rights here?

Do I have to get cover for the product out of my own pocket?

Who is responsible?

Can I simply ask them to refund and ask them to collect?

My concern here is that they will deny the receipt of the item and then it is down to me to prove that they received it back.

I ordered in good faith, and the item is still for sale on Play.Com some 4 days after alerting the company - so many more may well have ordered the same item.

I am suspicious, hence my post here.

Thanks.

Ivory_Tinkler

If they have given you a freepost address then send it back there and get a proof of postage from the post office. How much is the item worth?

nomoneytoday

A 4gb card will be under £39, so covered with a PO proof of sending will be sufficient IMHO

mickeypops

Crikey - a 4gb SD card will be about £6 I reckon. Not sure it's worth worrying about it.

GentleGiant_2

Thanks.

It should have been a micro SD card 8GB, which I paid for but still under the £39 - it was their wording that concerned me, pointing out it was my responsibility to get it insured and if it went missing then I would need to claim for lost goods and they could on refund once received back etc.

But thanks for the advice.

drsquirrel

As the others have said, freepost you can still get proof of posting (even DSR says they cannot demand you return it insured).

mickeypops wrote: »

Crikey - a 4gb SD card will be about £6 I reckon. Not sure it's worth worrying about it.

Ah okay, remind me never to send out 8gb cards when they are being ordered, I might as well just send out all the cheaper 4gb cards and make a bit more money from people that are "not worried about it".

BTW, show me a 4gb MicroSD card for £6, and I will buy two (so long as that included postage too).

GentleGiant_2

i think it was this wording in their email

"We also recommend that you obtain proof of posting from the Royal Mail when sending your return back to us. This will ensure that you are able to make a claim with them if they loose it on its way back to us. Please note that we can not be held responsible for items going missing on there way back to us and it it is your responsibility to obtain adequate cover."

Which concerned me - almost trying to get me to accept the wrong item and forget about it - which is probably what I will have to do, as it was part of a birthday present for my daughter.

Mind you they cannot even use the correct words - should be their and not there.