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

iyiarz

Good point Peter,

If you wanted to cancel the order, you would have to write them an e-note, which would take them 7 days to read (if at all) and you would have recieved the goods by then. You'd probably have to foot the bill to send the items back.
I have screenshosts of the whole order.

Not having the option to cancel the order just re-itterates the fact that there was a legally binding contract.

pinkonion

I've made a complaint via www.consumercomplaints.org.uk so we shall see what they say!

ROCKINGHAM

Thanks pinkonion. Keep us all posted.

ben500

So far as their own t&c's are concerned payment = contract so therefore refund = payment = contract get out of that ebuyer

Gillela_2

I have made a complaint via https://www.consumercomplaints.org.uk, and also i have emailed my trading standards officers in Cardiff (home) and Staffordshire (Uni). I will see what they say, and then i think i will progress witht he small claims option. Hopefully something will develop as a result, i will keep you all posted...

sikes

ben500 wrote:

So far as their own t&c's are concerned payment = contract so therefore refund = payment = contract get out of that ebuyer

afaik thats not the way contract law works. while the considerations involved are deemed to be equal in the contract...once one part is transferred the contract can only be completed if the other party recieves their consideration.

could be wrong tho

ben500

sikes wrote:

afaik thats not the way contract law works. while the considerations involved are deemed to be equal in the contract...once one part is transferred the contract can only be completed if the other party recieves their consideration.

could be wrong tho

My point being if they don't receive payment they would hardly be refunding the payment they haven't received, If they do receive payment then their own t&c's state that a contract is formed. Their words not mine.

They should never have docked Mike fifteen minutes and they wouldn't be in this mess!

iyiarz

3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.

So the reverse of that (No Breach) = (No entitlement to Terminate the contract)

The list goes on.. T&C are full of holes!

sikes

ben500 wrote:

My point being if they don't receive payment they would hardly be refunding the payment they haven't received, If they do receive payment then their own t&c's state that a contract is formed. Their words not mine.

They should never have docked Mike fifteen minutes and they wouldn't be in this mess!

sorry m8 got the wrong end of the stick. the very fact they didnt follow their t&c's means they are fairly screwed if it hits the courts

Gillela_2

BTW i have just printed a copy of the t&c's, i wouldnt put it past a dirty player like ebuyer to ammend them!