Movietyme Order Cancellations - BEWARE!

[cosmokramer]

I recently ordered The Simpsons Season 6 and Lost (pre-order) from Movietyme.com - however after waiting a few days The Simpsons had still not been shipped so I decided to cancel this part of the order. A day or so later the cancellation was confirmed by email and I was sent a redemption code to claim back store credit..

I had been expecting a simple refund to credit card, and emailed movietyme to request this. However, I just received a reply stating that they only refund to a credit card when the product isn't in stock... and that I'll have to be happy with the store credit.

I'm not particularly impressed with this, and I doubt anyone else would be either. Especially because it is apparent that the Simpsons DVD was not in stock anyway (either that or they are EXTREMELY slow at shipping).

So be wary of using movietyme and don't expect to have an easy time of it if you need to cancel/adjust orders.

[Seth Gecko]

AFAIK Movietyme give you the option of either immediately charging your credit card or charging when the item has shipped - the default is charging when shipped (you have to select immediate billing option).

It also states before you confirm your order

"PLEASE NOTE all orders for items currently released, will be billed straight away. If you then chose to cancel said title(s) no refund shall be issued to your credit card, a CREDIT will be used against future purchases. For the customers that live outside the USA & UK, you agree to fax a copy of the front and back of your credit card and also a copy of the credit card statement with the credit card holders name and address displayed. "

While I understand your point, you did agree to the T&C's before you placed the order as you have to tick a confirmation box to this agreement at the last stage of the checkout.

[GrahamC]

How legal is 'Store Credit', I thought that under no circumstance are you obliged to accept this as a form of refund. That is not to say Movietyme cann't refuse to refund an instock ordered item that is cancelled (unless faulty) but if they do then a customer can refuse to accept 'Store Credit'.

[Seth Gecko]

Originally Posted by GrahamC

How legal is 'Store Credit', I thought that under no circumstance are you obliged to accept this as a form of refund. That is not to say Movietyme cann't refuse to refund an instock ordered item that is cancelled (unless faulty) but if they do then a customer can refuse to accept 'Store Credit'.

Not knowing the legality of it (not a lawyer) and neither having any affiliation either (before anyone accuses me) - If they clearly (which they do) state the Terms & Conditions on the site when you order, plus you have to make a positive action to agree to these T&C's - I would have to say it is legally binding - if you don't agree to the conditions, then you simply don't tick the box and don't place the order.

Unless it's changed recently, HMV would never refund on CD's due to people buying them, recording them and taking them back - they would offer credit or exchange only, Game will not refund on PC games either - store credit. So I don't think you'll find that, as long as this knowledge is either explained or is prominently on display, there's any issues of legality.

[cosmokramer]

Hi there,

Thanks for the replies, I do realise that I accepted the T's&C's when placing the order (although I didn't read them - does anyone? ).

The reason I'm a bit miffed is because I assumed that under the Distance Selling regulations I believed I was entitled to the 7-day "cooling off" period: http://www.dti.gov.uk/ccp/topics1/ecomm.htm

Ofcourse, movietyme aren't a UK company so I don't know if the law extends to them..

Anyway, just posted as a bit of a warning to others - I guess I'll have to wait till there's something I can use up the store credit with, but that will certainly be my last dealing with them.

Gordon

[GrahamC]

Originally Posted by Seth Gecko

Not knowing the legality of it (not a lawyer) and neither having any affiliation either (before anyone accuses me) - If they clearly (which they do) state the Terms & Conditions on the site when you order, plus you have to make a positive action to agree to these T&C's - I would have to say it is legally binding - if you don't agree to the conditions, then you simply don't tick the box and don't place the order.

Unless it's changed recently, HMV would never refund on CD's due to people buying them, recording them and taking them back - they would offer credit or exchange only, Game will not refund on PC games either - store credit. So I don't think you'll find that, as long as this knowledge is either explained or is prominently on display, there's any issues of legality.

I do know that you cann't sign away your rights even if you tick acceptance of a T&C and I think not having to take store credit is one of your rights. Movietyme can refuse to refund for a functioning product outright as they should be able to, no problem with that but its the having to take SC that i'm questioning.

There ARE restrictions to the DSA and one restriction is on software, CDs and DVDs to combat copying so you cann't send it back unless faulty.

[Gary D]

i've used them loads of times and not had trouble. Craig has been a top bloke and has offered some of the best customer service i've ever recieved.


Gary

[cosmokramer]

Originally Posted by GrahamC

I do know that you cann't sign away your rights even if you tick acceptance of a T&C and I think not having to take store credit is one of your rights. Movietyme can refuse to refund for a functioning product outright as they should be able to, no problem with that but its the having to take SC that i'm questioning.

There ARE restrictions to the DSA and one restriction is on software, CDs and DVDs to combat copying so you cann't send it back unless faulty.

Well, I replied to their email and hinted at a chargeback - and if I am entitled to refuse the store credit then I may well follow that path. It's not a return as the item was never actually shipped (I assume because they did not have the item in stock).

Originally Posted by Gary D

i've used them loads of times and not had trouble. Craig has been a top bloke and has offered some of the best customer service i've ever recieved.

That's pretty much the reason that I ordered from them - based on the glowing reports I had read from these forums. It seems however that nobody has had to cancel an order with them before They're not a company that I'll ever be doing business with again, based on this experience.

[Gary D]

cosmo, i've stopped being impatient about delivery times as i've got so much stuff to watch. they haqve one let me down once and craig made sure i was very happy before he let the matter rest.

i can only speak as i find (as can you) this weekend i'll be sitting down to watch the R1 of Lost - cant get better than that.

if you stop using them because you didn't read the T & C's then you are cutting off your nose to spite your face.


Gary

[Conn]

afaik, there is no legal requirement to refund cash for "change of mind". Did you dispute the delivery time with Movietyme or just cancel the order after the few days? It was not clear from your opening post. Perhaps if you explained to them...?

I have used them a number of times with no problems.

[neilo]

Originally Posted by Gary D

cosmo, i've stopped being impatient about delivery times as i've got so much stuff to watch. they haqve one let me down once and craig made sure i was very happy before he let the matter rest.

i can only speak as i find (as can you) this weekend i'll be sitting down to watch the R1 of Lost - cant get better than that.

if you stop using them because you didn't read the T & C's then you are cutting off your nose to spite your face.


Gary

you have lost already ???

[Conn]

Got the Now Shipping mail from them for Lost on the 19th...

[cosmokramer]

Originally Posted by Gary D

if you stop using them because you didn't read the T & C's then you are cutting off your nose to spite your face.


Gary

Lol, I'm stopping using them because they wont refund the £24.99 for The Simpsons Season 6 DVD to my credit card and instead insist in offering store credit. The legality of which has been placed in doubt by another member.

No nose, no face, no spite Lost is cracking btw.

[cosmokramer]

Originally Posted by Conn

afaik, there is no legal requirement to refund cash for "change of mind". Did you dispute the delivery time with Movietyme or just cancel the order after the few days? It was not clear from your opening post. Perhaps if you explained to them...?

I have used them a number of times with no problems.

In the UK, there is a legal requirement under the Distance Selling regulations (link in a previous post). I did state in my reply email to them that I cancelled the Simpsons order because it had not been shipped after a few days of waiting (therefore I assume it was not in stock).

Yep, I have explained it to them and I'm waiting on a reply. It's not like I'm asking for the earth so perhaps they'll be forthcoming. Fingers crossed.

[Seth Gecko]

Having had a quick snoop around - I found this on the Watchdog website

My refund has been denied and instead I've been given an undated credit note.

I purchased a plastic curtain-rail for approximately £14.50, before getting home I realised it was not the one I wanted. I returned to the shop less than a minute later. The refund was denied and I was told the rail was adequate.

I explained it had been my mistake and it was the same as the one I had, and was not suitable. I was issued with a credit note. I notice my credit note is undated.
S.C, London


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From a legal point of view, the shop was acting within its rights in refusing you a refund, given that there is nothing wrong with the curtain-rail.

In taking the rail back and giving you a credit note, the shop has gone beyond what it had to do.

You have been fortunate that the shop was prepared to do this. (If you are worried about the credit note being undated, you could ask the shop whether this is likely to cause you a problem when you come to use it.)

While not the exact same thing - and the cooling off period mentioned seems to indicate 7 days from receipt of the item - it could probably be legally argued this way. The obvious solution is to re-order the Simpsons and just sit tight. Normally with Movietyme, the email to say it's shipped occurs the day before you receive the item - which is probably from when the UK branch forwards it on to you having received it from the USA. I could be wrong however.

I do know Craig frequents the forums and will most likely post or PM you regarding this.