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

Lantik

Quite from the BBC article....

"And it is also possible for the courts to declare a contract void if the seller has made a genuine mistake.

The Consumer Protection Act of 1987 makes it a criminal offence to give consumers a misleading price indication"

I think is this case eBuyer has made a genuine mistake... after all £30 won't even buy you a decent portable TV, nevermind a decent 28" widescreen, which would easily stand-up in a courtroom.

I'm not even gonna bother following-up on my order... it's been cancelled and that's that...

back to the scouring the grabbit board

peter_the_planter

Lantik wrote:

Quite from the BBC article....

"And it is also possible for the courts to declare a contract void if the seller has made a genuine mistake.

Isn't that the point? ebuyer have assumed the position of the courts and declared the order void. They did not ask us if we wanted to cancel.

ROCKINGHAM

This situation has never been tested - Kodak and Argos settled Out of Court -
and they could have easily let the Courts decide using the same argument - but they weren't prepared to take the chance.

As I have said before it suits Companies to have this grey area - they settle Out of Court and them claim it was goodwill on their part.

bs7

Lantik wrote:

I think is this case eBuyer has made a genuine mistake... after all £30 won't even buy you a decent portable TV, nevermind a decent 28" widescreen, which would easily stand-up in a courtroom.

I'm not even gonna bother following-up on my order... it's been cancelled and that's that...

I thought someone might argue that BUT:

http://www.valutech.co.uk/prodbuy.asp?id=2369
Wharfedale 21 Inch TV @ £45 ex VAT.

I'm not comparing like with like BUT my point is that TV prices have down dramatically and i reckon there is some merit in the argument that it is at least possible that someone could potentially believe that ebuyer's price was genuine.

ROCKINGHAM is quite right - the law is far from clear and none of the companies have, so far, risked it going all the way through the courts (the Argos case did reach the courts but Argos didn't want to take the gamble and wait on a judgment). The problem is that businesses have most of the power - they set the terms and conditions (as far as they are able to, within the confines of unfair terms etc, and consumer protection legislation) whilst the consumer has to take it or leave it. I'm not sure this case would be decided as obviously as it might seem - since genuine mistake or not ebuyer had several chances to refuse the order/offer but decided not to. There has to come a point where the seller is actually bound to a contract otherwise the whole of the law of contract becomes stupid - it is clear that there is no such thing as a binding contract with ebuyer which is a dreadful state of affairs; a company cannot simply be allowed to walk away from any prejudicial transactions without paying the cost.

You're quick to argue that the courts can reduce a contract on the ground of a mistake but there is also clear precedent that a contract will not be reduced merely on the ground of a "bad bargain".

Whether they made a mistake is also debateable - i could also argue that this is just a dubious marketing ploy by a company that doesn't believe in negative publicity (which incidentally, given the poor quality or service, years of people compaining and no customer support, is obviously the case).

kev_middleman

Got it in my bank statement that payment has been taken from eBuyer. Hasn't been refunded yet.

Contacted Watchdog as well.

amit_1

my statement is not showing who has taken the money out yet its only showing the amount.

jackashton1

Whats the number for watchdog again?

blueghost

surprisingly quick reply from ebuyer on enotes:

Dear Mr XXX,

Thank you for contacting our Support Team.

I apologise that your order has been cancelled due to incorrect pricing, however as per section 2.3 of our terms and conditions, we can cancel the order or give the option of reorder the item at the correct price.

We have followed protocol and we have not broken a contract.

I apologise for the inconvenience caused to you.

Please contact me again if I can assist you further.

Kind Regards,
XXX
Ebuyer Support

it is also back on the website at 329.99 showing in stock, but when you click on it it still says discontinued.

shrek101

Just spoken my credit card company. The money is allocated to Ebuyer but apparantly if Ebuyer don't go back to the CC within a few days the money is automatically re credited. However X amount has been taken of my available credit because of this.

ROCKINGHAM

I think this where the vendor employs an agent to collect the funds - its a seperate contract between the vendor and the credit card co. It should have no bearing on our contract with ebuyer. Ebuyer clearly asked an agent to collect funds from our ACs which they have done. For example you pay cash to a shop assistant and are given a receipt - the shop assistant does not put the money in the till - the shop cannot come after you for the money again. I am sure they is Case Law regarding this - anyway we have paid ebuyer and we are out of funds as a result.

Anyone actually spoken with Trading Standards as yet.