Scammed By Play.com!

tony4563

I ordered the Sony mp3 player from Play.com which had a free cradle as part of the offer. At the checkout it didn't come up , so I presumed (like an earlier buyer commented) that it would be either sent automatically or claimed via a voucher. Anyway, the mp3 player came. I opened it and put it on charge then rang Play.com about the cradle. Apparently, I was supposed to order the cradle at the same time as the player! There was NO indication of this on their webpage at all. (But..There is NOW for the white version) Because I'd opened the package they refused a return. I told them to just send a cradle but again they refused. I spoke to the manager who again was apologetic but hopeless.I really feel ripped off by them. I will not buy from them again.

BubbaUk_2

Distance selling regs.. have a look through them. You are allowed to return an item up to 14 days (I think) after receipt. Allowing you to "inspect" the item.

I'd call again agter reading through the above guidelines properly and discuss it.

cundall

Great company... used them many times.. (at a guess 30 times+)

Posted in the wrong forum and at a guess it would say you need to add it at the check out as i have seen it done before if you read the small print...

If the MP3 player still on offer..

marriedbuthappy

tony4563 wrote: »

I ordered the Sony mp3 player from Play.com which had a free cradle as part of the offer. At the checkout it didn't come up , so I presumed (like an earlier buyer commented) that it would be either sent automatically or claimed via a voucher. Anyway, the mp3 player came. I opened it and put it on charge then rang Play.com about the cradle. Apparently, I was supposed to order the cradle at the same time as the player! There was NO indication of this on their webpage at all. (But..There is NOW for the white version) Because I'd opened the package they refused a return. I told them to just send a cradle but again they refused. I spoke to the manager who again was apologetic but hopeless.I really feel ripped off by them. I will not buy from them again.

Hate to say it but it was clearly on the order page how to order the cradle because I ordered it, as for the distance selling regulations they wont help in this case as the item has been opened and there is nothing wrong with it so Play are quite within they're rights to refuse to receive it back, I guess its a lesson on making sure you read the offer properly

tony4563

Look at the webpage for it now in White... Its now obvious how to order the cradle. This was NOT so with the black version. If you read the earlier post even someone else commented about it not showing up at the checkout. The webpage has been altered later in my view as it definately wasn't as obvious as that on how to order the cradle.

seftonsun

marriedbuthappy wrote: »

......................., as for the distance selling regulations they wont help in this case as the item has been opened and there is nothing wrong with it so Play are quite within they're rights to refuse to receive it back, ..........

Where exactly in the Distance Selling Regs does it say that? My understanding was that one of the purposes of the Regs was to allow consumers and suppliers to make use of the new electronic age to do business? One of the disadvantages of such was that the consumer was not able to inspect the goods before receiving them. Therefore the Regs allowed a period of generally 7 days to inspect and return the goods if they were not considered suitable. The Regs places no obligation on the consumer to retain the goods for any reason and all the Regs say is:

"The consumer shall be treated as having been under a duty throughout the period prior to cancellation —
(a) to retain possession of the goods, and

(b) to take reasonable care of them." - Reg 17 (2)

Opening and inspecting the goods is not a reason, as I understand the intention of the Regs, for a supplier not to comply with the cancellation provisons. But I stand to be corrected.

mpython

Sorry to throw a fly in the ointment, but Play.com are based in jersey, and therefore, I believe, are not covered by Distance Selling regs.

I thought their T&Cs allowed you 28 days to return the item though?

jamborino

marriedbuthappy wrote: »

as for the distance selling regulations they wont help in this case as the item has been opened and there is nothing wrong with it so Play are quite within they're rights to refuse to receive it back, I guess its a lesson on making sure you read the offer properly

Incorrect.

The point of the distance selling regs is that you can't inspect or check goods online before buying in the same way that you can in a shop. The fact that the item has been opened (and how exactly would you check it without opening it?) or is not faulty is irrelevant - you're still protected under the DS regs.

superscaper

jamborino wrote: »

Incorrect.

The point of the distance selling regs is that you can't inspect or check goods online before buying in the same way that you can in a shop. The fact that the item has been opened (and how exactly would you check it without opening it?) or is not faulty is irrelevant - you're still protected under the DS regs.

mpython is right, discussing the distance selling regs is a moot point as they don't apply to play.com, neither does the sale of goods act or any other UK law you care to mention.

marleyboy

As far as I am aware, Play.com are a pretty reputable company, Ive used them a few times. But as said, they are based in Jersey where the Sales of goods act for the Uk is inapplicable in Jersey. A few companies (Uk based), that offer a free item on purchase of a product, generally only send the freebie when its included on the order form, the cost is then excluded on the invoice.

eyelinerprincess

I would have thought it was obvious that you'd add the cradle too...Or is that just me?