can i legally request my money back from play.com

myself321

hi there

i have ordered an xbox 360 from play.com and it is in the "packing" stage and has not shipped yet,so according to there t &c can not be canceled but in there t &cs also says

Processing of orders

1. Credit and Debit cards are debited on the day of shipping by Play.com. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.

the took the money out of my bank yesterday, so based on that they have broke the terms and condition so can i request i refund and cancel?

custardy

dont you want it any more?
perhaps the system hasnt updated but the item is sitting waiting to be shipped as in all packaged,addressed and awaiting collection

Mrs_B_12

Given that there was a postal strike yesterday that could have delayed the order if it was going by Royal Mail.

fedupconsumer

myself321 wrote: »

hi there
the took the money out of my bank yesterday, so based on that they have broke the terms and condition so can i request i refund and cancel?

In the terms and conditions it also states:

No contract for the sale of any product will subsist between you and Play.com until Play.com dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Play.com of your offer to buy goods from Play.com or a third party supplier that is engaged on your behalf by Play.com (whether or not you receive that e-mail).

if they have dispatched the item to you which sometimes they do and it still states that it is in the packing stage then a contract has been formed.

You still can return the goods if they have been sent to you within 7 days

You may return any unopened item within 7 days of receiving it, for a full refund. We will refund your card once we have received and processed the item

• We will only refund postage if the return is a result of our error.
• We cannot refund or exchange an opened item unless it is faulty, or if the item was sent to you through our error.

Best bet is to ring them tommorow morning to sort this matter out 0845 800 1020. They have not broken any terms and conditions if they have shipped the item to you and due to the postal strike it may be with you in a few days.

jimbo1701

I ordered a DVD box set which was not in stock and, the next day, found iot cheaper in a store. I bought the store copy and went to cancel my order but by then it had reached theprocessing stage. Even though not yet dispatched, play said they couldn't refund the cost until it was sent back - frustrating but true. Basically, I sent it straight back and received a prompt refund. Was a few ££ out of pocket for the cost of return shipping but the price difference was more than that. If you can afford to buy 2 at once in the short-term and think that the cost/need of the X-box outweighs the return shipping then by all means send it back. (unopened of course)

dangeroussports

myself321 wrote: »

hi there

i have ordered an xbox 360 from play.com and it is in the "packing" stage and has not shipped yet,so according to there t &c can not be canceled but in there t &cs also says

Processing of orders

1. Credit and Debit cards are debited on the day of shipping by Play.com. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.

the took the money out of my bank yesterday, so based on that they have broke the terms and condition so can i request i refund and cancel?

You can legally do anything you like my little jaffa cake munching friend

smiler26

UNder DSR (Distance Selling Regulations) you are entitled to a full refund within 7 days of purchase, provided that you:

Provide written request for cancelation withing 7 working days
and you are buying from an EU based business

deanos

smiler26 wrote: »

UNder DSR (Distance Selling Regulations) you are entitled to a full refund within 7 days of purchase, provided that you:

Provide written request for cancelation withing 7 working days
and you are buying from an EU based business

Jersey isnt an EU country so DSR does not apply.

superscaper

deanos wrote: »

Jersey isnt an EU country so DSR does not apply.

And it also doesn't come under UK law's juristicition so Sale of Goods act doesn't apply either.