Play.com advice please

cd36uk

Can anyone advise me if I have any rights here;
I started christmas shopping in October to spread the cost...bought a top gear desktop footy game from play late october and wrapped it.
Come christmas day when my son opens it, one of the cars do not work at all (tried changing batteries), contacted play and they have said because it is opened and outside 30 days they don't want to know.
Surely there is some consumer rights law regarding faulty items ?

unholyangel

There is in the UK (Sale of Goods Act). However the problem with that is that play.com operate from Jersey and are governed by the laws of the Island of Jersey.

They do have equivalent laws for Distance Selling Regualtions so they may also have equivalent laws for SoGA.

Alternatively, what method did you use to pay (credit card/debit card?) and how much was the item?

cd36uk

Ok thanks, any ideas where I can find info on SoGA for Jersey?
Tbh, I am toying with the idea of ordering another one and then sending the faulty one back for refund with the new documentation (as that will be within their allowed timeframe) for an easy life.
It was a debit card, and the amount is under £30 so doubt there is any law applicable for that.

texranger

cd36uk wrote: »

Ok thanks, any ideas where I can find info on SoGA for Jersey?
Tbh, I am toying with the idea of ordering another one and then sending the faulty one back for refund with the new documentation (as that will be within their allowed timeframe) for an easy life.
It was a debit card, and the amount is under £30 so doubt there is any law applicable for that.

http://www.cab.org.je/index.php?option=com_content&task=view&id=724&Itemid=66

LOCAL INFORMATION
13.1.0
Consumer complaints
Extent: Jersey
Updated 6 September 2011

---

Consumer Law The Supply of Goods and Services (Jersey) Law 2009 came into force on 1st September 2009.The Law introduces statutory rights for consumers similar to those found in the UK Sale of Goods Act. The main effect of the Law will be to clarify buyers' rights and sellers' responsibilities in the event of any disputes.Some of the implied terms between consumers and traders will dictate that:-. a supplier has title to the goods being sold. goods must correspond with any description of them. goods supplied are of satisfactory quality. goods are reasonably fit for their purpose. a supplier of a service should exercise reasonable skill and care in carrying out that service. goods should be supplied or services carried out within a reasonable time.The new Law deals only with civil contractual rights and remedies. It does not create any criminal offences and there are no enforcement powers or duties to be undertaken by any particular body. In the event of contractual disputes which are unable to be resolved through negotiations, redress will be sought through an action in the Courts.It should also be borne in mind that verbal contracts have the force of law in Jersey and any such verbal contract may not subsequently be changed if put into writing without invalidating that contract.

cd36uk

Wow thank you. I do get bamboozled quite easily by jargon, but I will have a read through and see if I can make sense of it all !

cd36uk

Thanks for the replies; especially to Texranger, as a result of this advice, I have now had a response from Play accepting my return....amazing what quoting your rights can achieve !!

unholyangel

For future reference, if you pay by debit card you do still have some sort of protection. Although it is relying on the card's own policy and not statutory under law like credit cards with section 75.

For mastercard (isnt that maestro now?) the lower limit is £10, Visa has no lower limit and both have no upper limit. If you ever run into a situation like this again, call your card issuer and enquire about a chargeback. I believe it also has to be raised within 180 days of the transaction date but its useful to know these kind of things as they may be of use in the future

Glad you got a refund and enjoy your new year