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braken2000

good point, i just want something for all this hassle, should i post my email on here?

itsbeef

Does anyone have an email for someone high up in Apple UK?

braken2000

I do, but I dont want to post it out on here.

itsbeef

Would you be able to send it via a pm?

Graham_Devon

For those who want to take it fruther, this sums up wat has happened:

1. Apple put an invitation to treat up on their webiste and left it there for over 24 hours (so I believe).

2. Apple took orders but did not send a confirmation or any other e-mails regarding the order.

3. Apple TOOK money. At least from Debit card customers. They withdraw the money from bank accounts. Credit cards may or may not be different.

4. Apple then after 3 business days CHANGED the orders to something with a twentieth of the value. Leaving no trace of the original order.

5. Apple then cancelled the orders.

They have broken the following areas of their own T&C's.

2.6 (iii) - They say they will inform the customer before they cancel and suggest alternate products / routes. If the customer agrees, they will cancel.

Apple did not make any attempt to contact the customer and offer a suitable alternative, neither did they get the customers agreement to cancel.

5.3 - Apple state they will only take the money after an invoice has been raised or upon shipment of the item.

Apple took the money BEFORE their own T&C's state they will. No invoice was raised and no shipment took place, yet they took the money.

The Sales of Goods Act 1979 - Apple HAVE broken a fundemantal part of this law. No two ways about it. They have accepted the order by taking the money. Therefore a sales contract was in place. Regardless of how much the item cost, the customer offered the price stated, Apple accepted the customers offer by withdrawing the money / taking the customers money in agreement for the goods.

Whether there are clauses here I don't know. There are certainly other cases, but not many where it is clear that money was actually taken and accepted for the item at the prce stated.

---

I hope that the above helps anyone see the whole situation of what has happened, or Martin when/if he reads this. Good luck to anyone taking it further, there are certainly the grounds. I will be ok with a refund, but will never ever use Apple again!!!

Stormrider

I will also mention that they charged me for the item they changed it to, so my account is now 25.24 + 1.00 down, and i hope they refund both!

MercilessKiller

There are prob clauses to protect this kind of thing as the money system is automatic. When someone places an order it will automatically take money out of the account? This isn't there fault in my opinion, but how they dealt with it is.

mindware

Graham_Devon wrote: »

Mindware, several people on here have had the money TAKEN me included. My avaliable balance is the same as the balance shown in my statement.

This is different when I put a cheque in. Often my statement will show say £400 credit. but my avaliable balance would be £300 should the cheque have not cleared.

It has been fully taken. Not reserved. Taken.

You probebly used a debit card - ive already mentioned this. Debit cards will show it as a completed transaction - whereas credit cards on the other hand may not. Although it may, a pre-authorize does NOT transfer the funds - it reserves it for collection as i've already explained. Blame the banks for misguiding users. As i was flicking through someone mentionted apple stating credit cards wont show the transaction, whereas debit cards may take a while to process. Banks seem to treat debit cards differently to credit cards with pre-auth, credit card pre-auths dont seem to appear on statements, which is differnet to when using a debit card.

Although your bank shows it to you as a completed transaction - it is not. Self pay petrol stations often advise users not to use debit cards, as the machines pre-auth a set amount to ensure you have suffiant funds before allowing you to fill. With debit cards, the pre-auth shows as a debit immiedalty and can take a few days for it to cancel - even though no actual transfer of funds has to the merchant have taken place.

Graham_Devon

MercilessKiller wrote: »

There are prob clauses to protect this kind of thing as the money system is automatic. When someone places an order it will automatically take money out of the account? This isn't there fault in my opinion, but how they dealt with it is.

But their own terms and conditions, which they are spouting at us to get out of it, says they will only take money at invoice or shipment.

How can they be absolved of the problem because they automatically took the money, when their own T&C's, which they are using to get out of their mistake breaks those T&C's we have to adhear too?!?!

Ghirl

MercilessKiller wrote: »

When someone places an order it will automatically take money out of the account? This isn't there fault in my opinion, but how they dealt with it is.

This is not true, I've placed orders with different companies using my debit card and they often do not take the money until the goods are sent. I have also received the email from them, at least they are admitting that I did order the item, still waiting to hear back from Trading Standards.