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

mrme

JerseyGirl wrote:

For my first post, I would like to add my two cents worth:

On the ebuyer.com website is a section for First Time Visitors which contains a FAQ section. The first question was:

I looked at a product a few moments ago, when I went back in to double check the availability the price had increased. Why has this happened?

A. All of our prices and stock availability information is displayed in real time, therefore whenever there is a price change the new information is immediately reflected to our website. Our system has been written in this way so that we can provide you with the correct information prior to you purchasing.

So, are they saying £33 for the telly was the correct price?!

Another great point;)
"Our system has been written in this way so that we can provide you with the correct information prior to you purchasing"

ROCKINGHAM

ROCKINGHAM wrote:

eBUYER are looking to appoint a QC Manager - what ever that is? One of the requirements for this position is "have a good general grounding in current legislation and experience of dealing with trading standards."

Fancy the position MRME!

shrek101

So is anyone going to take this further.

http://news.bbc.co.uk/1/hi/business/the_economy/441740.stm

ROCKINGHAM

shrek101 wrote:

So is anyone going to take this further.

http://news.bbc.co.uk/1/hi/business/the_economy/441740.stm

Well I am certainly going to give it a go. I have contacted Trading Standards.

Emailed, enoted ebuyer with my complaint and will post letter to their office. Will have to allow 7 days for a response. If not resolved to my satisfaction its the Small Claims Court for damages.

bargains83

shrek101 wrote:

So is anyone going to take this further.

http://news.bbc.co.uk/1/hi/business/the_economy/441740.stm

Interesting article, very much sounds like we have a good case. Since they took payment, confirmed order and gave a delivery date. Therefore a contract was made.

bs7

shrek101 wrote:

So is anyone going to take this further.

http://news.bbc.co.uk/1/hi/business/the_economy/441740.stm

A shopkeeper has a television for sale. He puts it in the window with a large sign advertising the price. A customer sees it in the shop window and offers to buy it.
The shopkeeper does not have to sell the television if he does not want to. At that stage there is no contract.

The Argos example, in that article, is a very good one and can be used to highlight the problem very well. If you went to the checkout and ordered a TV in an Argos store and paid for it and were given the receipt and told to wait and collect it at the collection points they could hardly appear and tell you that you can't have it as they've got none in stock or made a mistake. It's too late - they've accepted your offer of purchase and have a contract.

That's exactly what's happened - we responded to ebuyers invitation to treat, our offer was duly accepted by ebuyer taking payment and a contract formed. They accepted the contract and as such are liable for breach of it.

steve$$$$$_5

Just sent a note to BBC Watchdog :

http://www.bbc.co.uk/watchdog/contact/index.shtml


If we all send them a note,then hopefully they will run a feature and
back our case.

Worth a try !!!

amit_1

steve$$$$$ wrote:

Just sent a note to BBC Watchdog :

http://www.bbc.co.uk/watchdog/contact/index.shtml


If we all send them a note,then hopefully they will run a feature and
back our case.

Worth a try !!!

what did u send them

steve$$$$$_5

The note I sent basically explains that I think Ebuyer are in breach of
contract and I would appreciate their help

shrek101

I sent thsi via enote to Ebuyer. I will follow thsi up via letter as I dont trust ebuyer enote system at all, its been know to not get answered, taken a long time to answer or enotes deleted with a answer.

Regarding Samsung 28 inch pure flat widescreen TV (quick code 86649)

In response to your proported cancellation of my order I must insist on performance of your contractual obligations. Please note that under your Terms and Conditions 1.2 very clearly and unequivocally states, 'no contract exists between you and the supplier for the sale of 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.

I have received an e-mail confirming that the order had been processed and that payment had been successfully taken. There is therefore a contract in effect and you can not unilaterally cancel the contract. I would be grateful if you could confirm when the TV will be dispatched.

I also note that you have not only broke you only terms and conditions. I draw to your attention section 1.3 of your terms and conditions

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.


But also in your email to me as you pointed out section 2.3

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 cancelled the order without given me prior warning and or offer me the option of reconfirming your order at the correct price".

I therefore will be getting clarification with regards to you breaking the contract and should this therefore be illegal I will be taking this matter further. I will also be contacting Watchdog, and Trading Standards in the first instance.

I draw to your attention that I may be able to claim 'a loss of a bargain' should you fail to supply me the goods to which I had paid for, but so far deny me.

Best regards