[CLOSED] Samsung 28'' Pure Flat Widescreen With Integrated Freeview TV + Cabinet £33

Lally

mrme wrote:

Where does it say that??

Electronics main page

Aha but its also in Electronics/TV/Widescreen at the cheapo price!

Lally

Just tried to order another, got "Sorry, this product is currently unavailable / discontinued. "

redfox

ok, it looks like the opportunity is over on this one so I am going to move it to Gone but was it any good where the discussion can be continued.

Please can people refrain from posting the same emails from ebuyer over and over, once an email has already been posted by someone, or the same excerpts or definitions from T&Cs. It doesn't really serve any purpose and just makes the thread unecessarily longer and longer. Thankyou

blueghost

Lally wrote:

Electronics main page

Aha but its also in Electronics/TV/Widescreen at the cheapo price!

the one under £400 is a different tv

Lally

Oh right sorry about that

Ps The b@stards have deleted my order, it was only made 12 hours ago. What about them keeping it for 48 hours for me?

xlr8r_y2k

what do you this of this clause in their T&C's?...

2.3 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

ROCKINGHAM

I think with all these online Companys - the onus is on them to protect themselves against pricing errors. OK someone makes a mistake - but surely they can put measures in place to highlight the error almost immediately. Who knows ebuyer might have an insurance to cover themselves in these circumstances. Wonder what the actual cost price of the TV is to ebuyer.

Whilst I haven't ordered 75 - I think legally I deserve the one I ordered as payment has been taken.

blueghost

someone pointed out somewhere on usenet (there are so may messages on there ist hard to find it again) but they basically said ebuyer may also have a contract with the supplier, e.g samsung or whoever, that once an order has been sent to the supplier, as its coming direct from the supplier "Pick in progress" would suggest it has been sent to the supplier, it must be completed - hence the supplier may be able to take ebuyer to court over this even if we can't.

bs7

blueghost wrote:

just seen a post on uk.legal newsgroup, don't know the credentials of the poster so i don't know if its all true:

This is good old fashioned contract law stuff. Along with the
Carbolic Smoke Ball and all that sort of stuff.

In all probability, they did not offer to sell you a TV at 39 pound,
it was merely an invitation to treat, as British Pharmacutical Society
found out when they tried to do Boots the Chemist.

You indicated you wished to purchase, ie you made an offer. Before
doing this were you referred to any terms and conditions that would
apply to your offer? If there was a term allowing them to cancel and
refund if they discovered incorrect pricing, then most probably you
are out of luck.

If not and they process your payment, they have accepted your offer
and unless there are peculiar circumstances, there is a contract. If
they throw up fresh conditions after processing your payment, they
mean nothing. If they throw up extra conditions (ie a counter offer)
an ask you to finally confirm the order and process the payment
(acceptance), those conditions would also apply.

If they try and say the price was wrong, you can insist on 'specific
performance' ie they are obliged to deliver a TV as offered (or a
functionally equivalent one if they run out of the offered type).

Remember in the general case Offer + Acceptance = Contract and that
a shopkeeper does not make an offer by having goods on display. You
offer to buy them.

That seems about right (although i personally would never cite the Carbolic Smoke Ball case as a case to be relied upon in England (Scots law is different since it allows gratuitous obligations / promises)). BUT as i've said before there is some precedent that someone taking advantage of a known error can mean the contract can be made void by the court. However, to argue that they'd have to conceed there was a contract. There's an interesting article on the law here: http://www.dvd.reviewer.co.uk/news/feature.asp?Index=5265


I've received an email saying:

Dear Sir / Madam,
Your order has been converted back into a quote.
If this occured without your consent then it will be due to one of the following reasons:
1)Incorrect billing details.
2)Items on the order are now discontinued and need cancelling/replacing.3)Shipping method has been incorrectly chosen.
4) Payment declined
5) Someone else's card has been used
6) Incorrect card details
If you still require the order then you will need to replace it.
(Your quote can be found in the 'Account' section of the website)
Please accept our sincerest apologies for any annoyance and frustration caused by this unfortunatesituation.
Regards,
Ebuyer Customer Support

However, that order had been stuck at the "Security Check" stage, after that i placed another and it has been paid for so i'm waiting to see what they say about it.

Knowing ebuyer - their grasp of the law is pretty awful and they flout consumer protection laws all the time - i would suspect they'll end up trying to cancel all the orders and just accept the customer service mess afterwards for the next fortnight as an acceptable cost (and it's not like their customer service is up to much at the best of times anyway). I reckon it'll require someone taking it to court to force them to fulfil their contractual obligations.

englishpunk

What gets me is that they can't just admit a pricing error, they have to pretend they don't have any available and remove the product from the website until a later date, everyone makes honest mistakes and that's fine ( if they happen to honour them out of customer loyalty all the better ), but being underhand about it really gets on my nerves

Ebuyer will not be the first or indeed last company to treat their customers in this way, but surely it's not to much to expect a little honestly from a company of which you are a customer ?