Play.com False advertising - what are my options?

welshyyyyy_2

Hi
I have just bought an ASUS netbook from Play.com with an advertised 6 cell battery. However it has been delivered with a 3 cell battery. When I ordered the netbook it clearly stated that it had a 6 cell battery on the spec sheet, indeed this was the main reason for buying this laptop.
However when I check the website now that it states that the netbook has a 3 cell battery - the spec sheet has been changed since I bought the product. However at point of sale it definitely said 6 cells (I saved the description page when I made the purchase so I can prove this)
My immediate thoughts are that under the Sale of Goods Act 1979 and the Consumer Protection (Distance Selling) Regulations the product is clearly not "as described", and I would have expected a replacement 6 cell battery from Play as this is what I have paid for. However Play have written to me offering to collect the netbook and a full refund and thats all. I do not want to return the laptop and go through the whole process of ordering another one with them or someone else, I just want the 6 cell battery that was advertised and that I paid for. Do I have any other options ?

RadoJo

Probably not - the remedies are to refund, repair or replace and the choice is the sellers. I believe that as Play are based in Jersey, the SOGA doesn't apply fully to them either, so I think a refund is about as good as you're going to get.

Equaliser123

I don't think that is totally correct. Hold them to the contract and either claim for breach of a warranty in damages (i.e. the cost difference between 3 and 6 cell) or require them to provide a 6 cell battery.

Your difficulty is that they are Jersey based.

welshyyyyy_2

Thanks for the replies. I'll ask them again for a 6 cell battery or the equivalent cost refunded to me. I'm just disappointed that I've used Play.com a lot in the past and have spent well over a thousand pounds with them in the last couple of years, and even if they are in Jersey that shouldn't exclude them from customer care.
I'll write back to them and see what they say
thanks

superscaper

I just wanted to point out that Jersey has almost identical consumer protection laws and has an equivalent to both SOGA and DSR. Can't remember the specific names of the laws offhand but just Google jersey trading standards. But just like SOGA it's up to play if they want to refund instead of replace.

Equaliser123

superscaper wrote: »

I just wanted to point out that Jersey has almost identical consumer protection laws and has an equivalent to both SOGA and DSR. Can't remember the specific names of the laws offhand but just Google jersey trading standards. But just like SOGA it's up to play if they want to refund instead of replace.

The issue here is not so much the laws, but enforcement of them.

The OP can choose whether to accept the breach and claim damages or to repudiate the contract and obtain a refund.

superscaper

Equaliser123 wrote: »

The issue here is not so much the laws, but enforcement of them.

The OP can choose whether to accept the breach and claim damages or to repudiate the contract and obtain a refund.

Hence the "i just wanted to point out". It was a response and clarification to the statement that SOGA doesn't apply to play.com and thought it'd be useful reference to anyone reading this thread.

jimbms

What you have not stated is if the new 3 cell model has the same output and bettery life as the 6 cell model, could it not just be an upgrade because they found the 6 cell wasn't as good.

derrick

superscaper wrote: »

I just wanted to point out that Jersey has almost identical consumer protection laws and has an equivalent to both SOGA and DSR. Can't remember the specific names of the laws offhand but just Google jersey trading standards. But just like SOGA it's up to play if they want to refund instead of replace.

Jersey DSR
http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce\htm\LawFiles\2007%2FL-37-2007.htm

http://www5.gov.je/SiteCollectionDocuments/Industry%20and%20finance/ID%20Business%20Guide%20Distance%20Selling%2020100224%20ADB.pdf


Jersey SoGA
[FONT=&quot]http://www.jerseylaw.je/law/display.aspx?url=lawsinforce%2Fhtm%2FLawFiles%2F2009%2FL-14-2009.htm[/FONT]

Equaliser123 wrote: »

The issue here is not so much the laws, but enforcement of them.

Might be so, but they are there to be used, there are plenty of English based companies who do not know of or want to know of the regulations, and you would have as much problems with them as any Jersey company, and you never know until you try, but Jersey companies might obey the regs better.



.

Equaliser123

derrick wrote: »

Might be so, but they are there to be used, there are plenty of English based companies who do not know of or want to know of the regulations, and you would have as much problems with them as any Jersey company, and you never know until you try, but Jersey companies might obey the regs better.



.

Clearly not as they already saying that they will only issue a refund.

DSR is not relevant to this situation.

trashbashcash

Surely this is not a SOGA/DSR (or any consumer protect law we can remember) issue but a plain old breach of contract?

"I agree to pay you z consideration for a laptop with x specification"
>Laptop with y specification turns up
Thus the laptop supplier has not (yet) met their part of the contract.

If this can not be resolved amicably then the remedy will be damages for the amount to set the situation right. I do not believe that Play's offer of a complete refund is something you have to accept, so ask them for the price of a 6 cell battery and say you will return the 3.