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

jackashton1

ok so when i checked my online backing it had 'Transactions with today's date may still be subject to confirmation and may subsequently be reversed from your account' and the transactions such as the tv highlighted. Now its past midnight and its shown as out of my account. Meaning if something was for example £1000 and now i only had £970 and couldnt afford it, it means that the transaction has been completed with me and ebuyer? If that makes any sense to anyone, its late.

iyiarz

Thats why I covered myself:

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.

They have the money I paid for the order. If they chose to pay money into my account, thats their problem.. Nothing to do with the contract they could not have broken legally.

bs7

lordexavier_the_2nd wrote:

Yeah right, who honestly on this site thought the price was genuine. im sure that would go down well in a court,
" yes your hounour i trully belived that the 28inch tv in question was priced correctly at £28."

i would love to hear the laughter.

they did say "Buy This Samsung 28" Pure Flat Widescreen TV With Integrated 'FREEVIEW' And Matching Cabinet For A Truely Unbeatable Price !!!!!!!!!!!"

The only unbeatable price they've ever sold that tv at was the "error". Thus i don't think it's an massive leap to assume it was some sort of promotion.

Any case would cause problems for the judge - they would have to hold there was a contract (to hold otherwise would throw the whole law of contract and the internet into a massive unknown. Furthermore, they can't have their cake and eat it - contracts work both ways). Therefore, they would have to reply on reduction of the contract on the grounds of the mistake - this area of law is far from clear - the "unbeatable price" advertisement doesn't help nor the fact that the advert appeared on a main page of the site nor the fact that they initially stated it was "out of stock" - and would, at least, require them to show that the buyer knew it was a mistake - and even then that's assuming that the law on "mistakes" is good law. There was always the possibilty that it was a promotion and that would be a stumbling block for them.

Sultan3_gla

"Well Ebuyers slogan for this TV was

"Less than 330 Pounds Inc VAT will buy you this amazing BARGAIN!!!!!!!"

quite clearly it won't so they are guilty of false advertising if nothing else!."

"LOL. Now it says,

Less than 330 Pounds Inc VAT will buy you this amazing BARGAIN!!!!!!!!

£322.97 £379.49 inc VAT.

iyiarz

Well that doesn't constitute as a bargain...!

Theres much cheaper 28" TV's out there. They did a Philips for £199 recently..
So my previous thoughts still stand.

jackashton1

http://www.unbeatable.co.uk/CatalogueItem_19350.html

is this the same item. If so its cheaper than their promoted 'unbeatable' price. But not cheaper than the unbeatable price we all got..

ROCKINGHAM

Warning!!!! Do Not Click On Any Links Posted By "mselurker" He Posted 2 Last Night Which Were Deliberately Infected With A Virus. Reported The Matter To Abuse Controller.

ROCKINGHAM

For those using the Small Claims Court - this is the last resort obviously. Before filing a claim you need to write to ebuyer stating your complaint clearly - just copy and paste one of the responses shown on this thread. The only method of comminicating with ebuyers seems to be thru their enote system or reply to their email cancelling the order. All you are doing is demonstating to the Court that you tried to resolve the matter yourself.

HairyHatMan

ROCKINGHAM wrote:

The only method of comminicating with ebuyers seems to be thru their enote system or reply to their email cancelling the order.

The cancellation notice came from orders@ebuyer.com. On replying to this address, I get an automated reply stating 'The email address orders@ebuyer.com is no longer available.'. It seems to me that the enaotes system is the only way of communicatig with them!

If it's of any use to anyone, here's my reply:

Without prejudice.

I do not accept your offer of a refund of the monies taken from my credit card nor do I agree to the cancellation of this order.

Regardless of your internet terms and conditions, having accepted my offer of payment for the goods and debited my credit card for the amount due, you have entered into a legally binding contract to supply the goods at the price already agreed and defined by that contract.

For further clarification of this point, please see your terms and conditions: " 1.2 No contract exists between .... etc etc "

If you cannot supply the goods as contracted, I am at liberty to source the goods, or an equivalent, elsewhere and to reclaim any difference in price from yourselves under the provision of 'loss of bargain'.

Please advise how you would like to proceed in this matter.

ROCKINGHAM

When I replied to their email last night I didn't receive an automated response so they must have changed that. I also used their enotes too - but from what I have read here people are having difficulty using that too. Me thinks they don't want anyone to communicate with them. eNotes are stating a 7 day response time.

Without Prejudice - means what follows cannot be used in a Court of Law. So don't use the term if you intend taking the matter further. Superb response though HairyHat - hope its not subject to Copyright - cos I think they will have a number of similiar ones by the end of the day.