Play.com Daily Deal misadvertised by Play but sold by 3rd party seller

moneyballs2

Yesterday Play.com had a MacBook Air on its Daily Deal and advertised, on its front page and Facebookmlage, that the laptop came with 12 months of Apple Care warranty.

I bought it on this assumption, as Apple Care warranty is an additional product to Apple's Limited Warranty.

However, on the seller's comments it says "Apple 12 months warranty". With no mention of Apple Care.

I have spoken to Play on the Play on the phone, and they had advised that 3rd party sellers have to approve the adverts they post for 3rd party deals.

I want to know who is liable, how I can refund the product (including cost of return postage) and if anybody has ever faced a similar problem before.

Play didn't seem interested and said it was down to the seller, but after all, they posted the advert.

I feel misled as the advert offered more than the product is going to have, and I don't want to be financially punished for this error.

Thanks!

moneyballs2

I am yet to hear from the seller on the matter.

I requested cancellation of the item before it was dispatched, but received no response. It has now been marked as dispatched.

frugal_mike

Has the seller informed you of your distance selling regulation cancellation rights yet? If they have, do they say you are responsible for return postage?

If they don't say you are responsible (or they fail to inform you at all) then forget the misadvertisement because they can't charge you for return postage anyway.

DevCoder

I always purchase applecare in my 11th or 12th month of ownership as you are covered for the first year by the apple warranty. Seems a bit pointless to start applecare cover whilst you are already covered.

moneyballs2

I was going to use the Distance Selling as a backup, but I was aware of the return postage cost potentially being down to me.

I think my case it pretty solid, as the sellers have to approve the play.com adverts, so the seller (likely unknowingly) approved a misinformed advert.

Such a grey area because play.com aren't privy to the contract (although they slightly are, as they get a commission, so they could be liable in the sense that you could argue that they misled to get the commission... (doesn't have to have been willingly)

Urgh! Law is so complicated.

moneyballs2

krisdorey wrote: »

I always purchase applecare in my 11th or 12th month of ownership as you are covered for the first year by the apple warranty. Seems a bit pointless to start applecare cover whilst you are already covered.

But it will only last for 3 years from original purchase date, so you're not gaining anything... And it's better to have the applecare if something does fail in the first 12 months, as they are a lot more forthcoming with replacements (even though they have the limited warranty in the first 12 months.)

You also run the risk of the price of the AppleCare increasing (or going down, unlikely!), in those first 12 months.

wealdroam

If you have already cancelled the order in writing, it is ok under DSRs to refuse to accept the delivery.

From page 22 of the OFT's guide to the DSRs:

Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

TadleyBaggie

moneyballs2 wrote: »

But it will only last for 3 years from original purchase date, so you're not gaining anything...

Except the 200 or so notes will be in your bank rather than theirs for 10 months or so.

moneyballs2

No contact from the seller, and play.com customer service on the phone seem uninterested

Item is yet to arrive/be refused.

Can imagine that this is going to take a long time...