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This is my first post,hope i am in right forum. Any how i bought a mobile phone from Play.com at christmas it has since developed a fault.Igot in touch with play.com and was told the warranty was for only 28 days ,and to get in touch with Samsung the manufacturers for repair.I thought i was entitled to a refund or replacement at least,would be grateful for any advice on my rights and how to deal with them.Thanks

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Guest wino

play.com sold you the goods not samsung so the liability lies with play.com.

 

I don't think you would be entitled to a refund they just have to try and repair it first.

 

Someone with more knowlege of the sales of goods act will hopefully be along soon to advise you :)

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thanks for your reply but i thought if goods are faulty you are entitled to a refund? I dont know if am right or not but its good to learn thanks again

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Take it back, say you are rejecting it under SOGA 1979, under which goods should be:

  • of a 'Satisfactory Quality', i.e. of a standard that a reasonable person would consider to be satisfactory - generally free from fault or defect, as well as being fit for their usual purpose, of a reasonable appearance and finish, safe and durable;
  • fit for the purpose' - as well as being fit for the purpose for which they are generally sold, goods should also be fit for any specific or particular purpose made known at the time of the agreement;
  • 'as described' - goods should correspond with any description applied to them. This could be verbally, words or pictures on a sign, packaging or an advert.

You want a straightforward refund or exchange.

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Guest wino

I may be wrong but I thought if they were faulty the seller has the option of repair. (wheres Bookie when you need her?);)

Posted this the same time as bigmac, so probably best to ignore me.

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Play.com is run from and based in Jersey, Channel Islands, so I don't know and can't find anywhere if the SOGA applies to play.com. If it does then the below should help,

 

----

After a reasonable amount of time (and 5 months is more then reasonable) the retailer has the right to repair or replace the product before offering a repair. It is however plays responsibility to repair/replace the product and not samsung's.

 

Tell play.com that they are required to repair or replace the product under Section 48 of the Sales of Goods act 1979 (as amended), that it is there responsibility as the retailer, you are not claiming on the warranty, but your statutory rights as a consumer.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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  • 8 months later...

I've ordered shedloads of DVDs and CDs through Play.com and although they have a slightly longer lead time for delivery than other online retailers I have always had the goods inside a week. Two weeks ago, however, I ordered a mobile phone and although the money was duly taken from my account and I received an email confirming the order and a second email advising dispatch had taken place, I am still without said mobile phone. I am frustrated that Play.com insist one waits an almost unheard of three weeks before reporting the item missing so I have sent emails to a few Play.com emails addresses I was able to garner from online forums but all have gone entirely unanswered. As a consumer I am going to vote with my feet and simply not do business with Play.com again. A mistake is fine, and I don't expect them to offer a perfect service, but when you take £90 from someone's bank account the least you can do is reply to any one of their five emails when they advise you that their item has not arrived. The disdain with which Play.com is treating me has left a very foul taste in my mouth and I just won't use them any more. As to how I go about getting my money back, I suppose I will have to wait another week and then report it missing, and see if finally Play.com will take action.

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I've ordered shedloads of DVDs and CDs through Play.com and although they have a slightly longer lead time for delivery than other online retailers I have always had the goods inside a week. Two weeks ago, however, I ordered a mobile phone and although the money was duly taken from my account and I received an email confirming the order and a second email advising dispatch had taken place, I am still without said mobile phone. I am frustrated that Play.com insist one waits an almost unheard of three weeks before reporting the item missing so I have sent emails to a few Play.com emails addresses I was able to garner from online forums but all have gone entirely unanswered. As a consumer I am going to vote with my feet and simply not do business with Play.com again. A mistake is fine, and I don't expect them to offer a perfect service, but when you take £90 from someone's bank account the least you can do is reply to any one of their five emails when they advise you that their item has not arrived. The disdain with which Play.com is treating me has left a very foul taste in my mouth and I just won't use them any more. As to how I go about getting my money back, I suppose I will have to wait another week and then report it missing, and see if finally Play.com will take action.

The above is the reason why we seldom use them now. To try and raise a complaint on their website is nearly impossible. As they are selling in Britain firstly you are covered by the Distance Selling Regulations and secondly I think SOGA still applies.

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