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

rogue_element

Do you think we all need to sign up somewhere if this is going to court?
We need to give our name and address and order number to someone, right?

esalan

For all those who might consider the Small Claims Court route, if everyone took the case to their local court individually, at roughly the same time, then as the cases would be heard throughout the country how could ebuyer possibly defend them all at once?

Any thoughts on this one?

Johntea

Everyone who feels action needs to be taken needs to contact Watchdog on Monday using 0870 010 7070

If their lines get jammed with complaints about this then they may try and drag someone important in from eBuyer

rogerramjet

Everyone should first contact them requesting reinstatement of the order quoting their own breaches in their T&C. Would it not be better to show that you have tried to resolve the issue with Ebuyer before taking the legal stance?

Saying that, I tried to send them an enote, but when trying to send it the page kept comming up as a "cannot find page", so I sent them a reply to the address which they had sent the cancelation email from...clearly stating that I had tried through the enote system

iyiarz

It went very quiet on here for a while. Is everyone banging out their complaints?

I've just done a 2 page e-note for them to mull over.

I just emailed them and got their telephone number in an automated reply, should I need it.

lyns_2

im no good at complaints never know how to word it ends up looking like my 9 year old wrote it

jackashton1

lol anyone want to post their complaint here so i can rip it off. Did one eariler but didnt work :S

iyiarz

Ok, here goes, please change some of the wording to make yours more unique.

---

Formal Complaint

Dear e-buyer,

I am writing to complain about the cancellation of my order, reference #######, which you cancelled without consultation or warning.

According to your own terms and conditions, there was a legally binding contract between us, which you have terminated.

You have blatantly broken your own terms and conditions, as well as the legally binding contract between us.

I am considering taking advice from the governments Consumer Direct,
Trading Standards and BBC Watch Dog.

I have saved the pages detailing my transaction, and the emails received from your company for reference.


The following list shows your terms and conditions and where you have failed to comply with those terms and conditions:

1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between us.

>You had received payment for the items ordered
>There was a legal contract between us.

1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.

>I have received my acceptance email from you.


2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.

>The items were in stock when purchased.
>The items were at the 'Picking' stage when you cancelled my order.


2.3 Every effort is made to ensure that prices shown on the Supplier’s 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.

>You failed to offer me the option of reconfirming my order at the
>correct price, or to cancel my order. Regardless of this, the
>contract had already been made and the items ownership laid with me
>(see 5.1)

>I did not have the opportunity to cancel the order at this stage,
>since we had a contract between us, and neither should you.


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.

>Payment was made successfully and monies are showing as debited from
>my account. You had no right to terminate the contract.

5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.

>The fact that the goods were paid for and you had received the
>cleared funds, therefore means that the items paid for were owned by
>myself. You have failed to deliver them, but they are still my
>property.



I quote from Consumer Directs website:

“a trader who mistakenly prices a product (for example, “28 inch widescreen television for £39.90” instead of £399) is not obliged to honour that price unless the transaction has already been completed. “

Any payment of monies into my account from your company bears no relevance to this contract, since they were not authorised and are invalid.
I will return them to you if necessary.

I would expect a prompt reply from your management, by e-mail to the address: <EMAIL> or by post.

I would also expect delivery of the goods outstanding.


Yours Sincerely

<Your Name>

jackashton1

thank you very much.

lyns_2

Wow Thank you