Play.com unfair T&C's?

jaysclark

Is is legal that Play.com refuse to replace defective DVD's after 30 days? It is a manufacturing fault, not a scratch or any damage visible to the naked eye. It was the complete box set of Lost and how you are supposed to watch all of it in just 30 days to discover one disk doesn't play properly I am not sure. I thought that under the sale of goods acts I had a right to expect the item to be free from defect(s) and fit for purpose for longer than 30 days.

Can anyone advise - it was ordered on 13 June, arrived around the 16 June and I notified them on 18 July that one disk was faulty.

Many thanks

ThumbRemote

They have no basis for refusing to replace the DVD.

The goods are not of satisfactory quality, and under the sale of goods act should be replaced. They can try and prove it wasn't a manufacturing defect if they really want, but would still have to accept the item back to do so.

See more: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Equaliser123

ThumbRemote wrote: »

They have no basis for refusing to replace the DVD.

The goods are not of satisfactory quality, and under the sale of goods act should be replaced. They can try and prove it wasn't a manufacturing defect if they really want, but would still have to accept the item back to do so.

See more: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

All true but Play.com is a Jersey based retailer and its sales are subject to Jersey law.

Whilst (I believe) they have a SOGA-type law, enforcement of this is another matter.

jaysclark

Thanks for the response. Got this off the CAB for Jersey.

6 Additional remedies for consumer buyers

There are additional remedies in the Law where the buyer is clearly acting as a consumer in contracts for the sale or supply of goods. In these circumstances, the consumer may be able to demand any of the following –

A repair or replacement

A price reduction to an appropriate amount taking the defect into account

Rescission of the contract (i.e. the return of the goods, part or full refund, and compensation, if appropriate).

If the consumer chooses one of these remedies, and if the defect is discovered within 6 months of delivery, it is automatically assumed that the fault was there at the time of delivery, unless the trader can prove otherwise. If more than 6 months have passed, the consumer has to prove that the defect was there at the time of delivery, even if it was not apparent at the time.

If the consumer chooses the option of a repair or replacement, the trader must do this within a reasonable time and also pay all the relevant costs, for example labour, postage, etc.

Where a consumer demands a repair but that remedy would be disproportionate, then the trader would be entitled to offer one of the other remedies. For example, if a consumer demands a repair, but it would be cheaper to replace the item than repair it, then it would be reasonable for a trader to offer only a replacement. The consumer can only require a price reduction or rescission where the cost of repair or replacement is disproportionate.

It does say on the Jersey website that they have brought their law broadly in line with our Sale of Goods Act, so I still feel that I have a case.

jaysclark

Just a quick update. I have emailed Jersey Trading Standards and hopefully they will give me the definitive answer. If and when I get it I will post it so that everyone is aware of their rights in these cases.

Meanwhile - does anyone know where I can get a copy of episodes 14 and 15 from Season 2? I can't watch the rest without these. I really, really hope that there are no more defective disks.

jaysclark

I must say Jersey Trading standards are very quick with their response. They have contacted Play.com and they are going to collect the defective goods - they also sent me this below - which should be of interest to anyone who orders anything from them.

"The 30 day returns policy operated by Play.com is for the return of goods if they arrive damaged or if an incorrect item is delivered, this is under Distance Selling Regulations. It does not affect your statutory rights under The Supply of Goods and Services (Jersey ) Law 2009. Unfortunately there is some confusion at the call centre regarding the differences between the two pieces of legislation, and consumer rights.
I hope this clarifies the situation"

I wonder if this needs posting anywhere else?

halibut2209

On the play.com customer services department noticeboard?

jaysclark

Yes probably a very good place, but I suspect that it is the managers who need to have a bit of a training session in the legalities.

ThumbRemote

Sounds suspiciciously like a policy of "fob them off once and hope they give up" from Play