Google violating Distance Selling Regulations?

[elbs]

I bought a Nexus device from Google Play Store recently, but soon changed my mind and decided to cancel my order.

 

I rang up the Google Play customer service to cancel my order, but they said it was not possible, and was told to refuse delivery instead to get a refund after 14 days - which I did. A refund of the £9.99 delivery charge wasn't mentioned so I queried whether this would be refunded, to which I was told it would not be refunded.

 

Am I not entitled to a refund of the delivery charge as well, under the DSRs?

[dx100uk]

nope sadly

 

dx

[MaxxPower]

You're only entitled to a refund on delivery if the item is faulty or not as described in some way. If it's a simple case of change of mind then as dx said, you aren't entitled to the delivery being refunded.

[ashmk]

Nope because that would put the company out of pocket because you changed your mind and that would be unfair.

[renegadeimp]

However if you cancelled before the item was processed and dispatched then that's another matter.

[dx100uk]

sri links didn't post

 

it has to be in their &C about it.

 

Distance Selling Act - Business Perspective http://dshub.tradingstandards.gov.uk/

Distance Selling Act - FAQ - http://www.out-law.com/page-430

 

 

if its not in their T&C's then they cant charge you

 

dx

[elbs]

That's my point - I DID contact them to cancel my order before it was dispatched.

 

I called them at 11.30am, before goods were dispatched (at 3.45pm) to cancel my order. The customer support guy I spoke with said it may or may not be possible to cancel, in which case to refuse delivery. This doesn't however change the fact that I did contact them and requested cancellation before dispatch. I then looked up the DSR's and about 6pm also gave written notice as stipulated in DSR's for cancellation notice.

 

And yes, I have looked at the DSR's, that's why I believe I'm entitled to a delivery charge refund:

 

"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."

 

"What must my consumers do if they want to cancel?

 

3.26 They must tell you in writing, or in another durable medium, if they

want to cancel. This includes letter, fax or email. A phone call is not

enough unless you say in your terms and conditions that you will

accept cancellations by phone.

 

I was hoping to get some specific guidance on the technical points of the regulations to see if Google can somehow get around them (unlikely as that seems to me) before I pursue this matter with their legal department - which is what Google seems to be telling me I have to do to further pursue the issue.

[dx100uk]

ok well done

 

then as you cancelled before dispatch I agree with you.

 

dx

[elbs]

Thanks for the affirmation.

 

One potential issue that I was wondering about - the billing address for the transaction is Google Commerce Ltd, Dublin, Ireland (i've excluded the exact address as I can't remember off the top of my head). Point being, billing address is in Ireland. But I bought from Google Play Store UK, and Google have a number of branches/offices in England/UK.

 

Does this affect the situation/DSR validity?

[dx100uk]

not that I am aware

[ericsbrother]

Only in Ireland because they are tz dodgers. It is an EU regulation so applies there anyway