Need advice urgently

microserfs

I recently ordered something from Play.com with the intention of hopefully receiving it within a few days. The site (it was through one of those merchants) said the item was in stock and that ALL items are dispatched within a couple days (well, it said 24 hours but since contacting them they have changed what it says). It also said 'Shipping Now'.

Anyway I contacted them after two days as they had taken money from my account but it still said 'Processing in Warehouse'. I thought it especially odd since it still said 'In Stock' and more specifically says 'Shipping now' which to me seems like false advertisement.

Upon contacting the company I asked them what was going on and they said item wasn't in stock, still waiting for delivery to warehouse blah blah, but said I could reply to email and cancel my order. I had mentioned that they took money from my account before the item was in stock, but they ignored this, and i asked whether cancelling my order would mean I get a full refund, to which they replied that there was more stock on the way and they would dispatch ASAP.

I have no idea what my consumer rights are, and as far as I know time is running out to claim a refund, so i thought I would ask to see if anyone knows here.

I can't imagine how long it'll be before item arrives and is dispatched, yet I certainly wouldn't part with my money usually if I knew an item wasn't in stock at the time.

I placed the order on the 25th so it's been 5 days (I have 7 I believe before it's impossible to cancel the order?)

Thanks for any advice

visidigi

the only way its impossible to cancel an order is if play or the merchant say so.

There is nothing in law to cancel an order within 7 days that has yet to be sent, I believe you are confusing the 7 days with the Distance Selling Regulations which require you to notify the customer of your intent to cancel within 7 days of receipt of the item.

Its now up to you what you want

1) you can wait for the item
2) you can cancel the order, they have to refund in full (unless personalised) and they must do this within 30 days.

fozmcfc

Under the distance selling act, you have 7 working days after delivery, to reject/send back goods for a refund. I just did with an office chair from Argos and have received a refund.

I'm no expert, but you'll get a definitive repy, so stick around. I'm sure, that as it hasn't been despatched, they should cancel it and refund all monies, if that is what you requested.

Fosterdog

You have seven working days starting the day after delivery, that's if they inform you of your right to return under DSR by durable means (by letter, email or fax) if they don't inform you of these rights you get three months and seven days to cancel.

I suppose at this stage you need to decide whether it's worth the wait to get the item you want or if you'd rather have a refund and buy elsewhere.

Have you asked them when it will be in stock and delivered out to you?

microserfs

Yeah I asked and was told that stock was 'in transit to warehouse' and the item would be dispatched as soon as possible. No definitive answer tbh.

Is it okay for a company to advertise this way if an item is clearly not in stock? I'd understand if it was temporary, but it says 'shipping now' which to me seems a little wrong.

Anyway I was only worried that if I cancelled I wouldn't get a refund as they didn't seem to mention taking my money, so thanks for the answers

Hopefully if I do decide to cancel they will honour this.

visidigi

microserfs wrote: »

Yeah I asked and was told that stock was 'in transit to warehouse' and the item would be dispatched as soon as possible. No definitive answer tbh.

Is it okay for a company to advertise this way if an item is clearly not in stock? I'd understand if it was temporary, but it says 'shipping now' which to me seems a little wrong.

Anyway I was only worried that if I cancelled I wouldn't get a refund as they didn't seem to mention taking my money, so thanks for the answers

Hopefully if I do decide to cancel they will honour this.

Its a little naughty, but not entirely unrealistic that it might happen. The age old issue of site say next day delivery but its next day from the point of dispatch is a similar annoyance...

fozmcfc

visidigi wrote: »

Its a little naughty, but not entirely unrealistic that it might happen. The age old issue of site say next day delivery but its next day from the point of dispatch is a similar annoyance...

Yes, very annoying, had this with Ecilpse in Coventry, whos website, said item in stock and it wasn't in stock.

With Dabs a couple of years ago, I paid extra for next day delivery. Then I found out, that the next day you didn't get the item, but an acknowledgement email of your order. Then it took them a further working day, before an item was packaged and marked for despatch, then it was despatched the next working day.

So next day delivery, ordered Thursday in the morning and wasn't going to be delivered until Wednesday the following week.

Naturally I cancelled, ordered from another company on the Monday morning, arrived Tuesday morning.

unholyangel

play.com aren't subject to UK law, its governed by Jersey law.

However I do believe they have similar legislation to our DSRs/SoGA. Its largely the same but there are a few differences I believe.