Can Ebuyer get away with cancelling orders? - HotUKDeals
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Can Ebuyer get away with cancelling orders?

cheerleader Avatar
8y, 9m agoPosted 8 years, 9 months ago
I purchased a TomTom 720 from ebuyer.com this morning
http://www.hotukdeals.com/item/142967/tomtom-go-720-sat-nav-uk-europe-map/
"Dear Sir/Madam,

Thank you for your purchase with Ebuyer UK Ltd.

QFC- 131112

It is with deepest regret that we send this email to inform you of a pricing error that has affected your order

Whilst we do appreciate our customers requiring this product at the lower incorrect price, unfortunately this price was advertised due to a system error, causing the cost to show on our site significantly lower than the actual correct price.

The information advertised on our site has been immediately updated to reflect the correct cost. Your order has been cancelled due to this pricing error.

Once again we do offer our unreserved apologies for the aggravation this matter has caused.

Kind Regards,

Ebuyer Customer Support Team."
Can they get away with this? They changed the price 4 times within the last 24 hours? I paid with paypal & they have refunded me the money already
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cheerleader Avatar
8y, 9m agoPosted 8 years, 9 months ago
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#1
Yes. Next.
#2
The short answer - yes, if it was a genuine error. You could try pursuing it through the Small Claims Court, as they had already taken your money & thus entered into a binding contract with you, but I would check with your Local Trading Officer first to see what he/she reckons your chance of success is.
#3
But don't you think the fact that there was 4 different prices over the last 24 hours for this item is a reason they can't claim a pricing error?
#4
That's why I suggested going to your Local Trading Officer, to see what he/she thinks.
#5
sounds dodgey to me but i think if they accepted the order and took funds then there is a legally binding contract and they must honour it.
#6
Basiaclly yes they can

you have also entered into a contarct and thereby agreed to their terms and conditions with respect to any contract.

see Ebuyer T&Cs

1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by Ebuyer (UK) Limited, whose registered office is at Off Ferry Road, Howden, East Yorks, DN14 7UW registered in England and Wales No. 3941136 (the "Supplier", or "we", or "our").
1.2 Any order placed by you for goods advertised on our website is an offer by you to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion).
1.3 We will send you an order acknowledgement shortly after you place your order, notifying you that we have recieved your order. This acknowledgement is not notification that we have accepted your order.
1.4 If we accept your order, we will notify you by email that we have accepted it prior to dispatch of the goods. If we cannot accept your order (for example (but without limitation) because the goods are found to be unavailable) we will notify you by telephone or email.
1.5 In the event that, after we accept your order, we discover that the goods ordered are unavailable or that there was a pricing error on our website in respect of the goods ordered, we reserve the right not to supply the goods ordered and to offer you a refund or alternative goods in accordance with conditions 2.2 to 2.4 below.
1.6 The contract is subject to your right of cancellation (see condition 7 below).
1.7 We have the right to terminate the contract if the price of the goods is not received from you in cleared funds (in accordance with condition 3.1).
1.8 The Supplier may change these terms of sale without notice to you in relation to future sales.


Term 1.5 is vey clear about this, and this is what tehy have done, so they have abided by their contract

EliTom
#7
cruffle
sounds dodgey to me but i think if they accepted the order and took funds then there is a legally binding contract and they must honour it.


No unless it can be proved by a legal precident that ebuyers T&Cs are unlawful

EliTom
suspended#8
They didnt accept the order or take funds. The OP bought the item through their site and then SENT them the money via paypal. The first ebuyer would have known of the error was when they saw the order come through...happens a lot with several big companies and theres not a lot you can really do about it
#9
i have emailed them asking them to explain themselves as once is a pricing error but to change the price that many times is unacceptable. Let's see what they have to say for themselves!!:x
#10
I ordered 2 Tomtom go 520 last night for £142.99 each and have also received a mail from E Buyer cancelling my order.I rang to complain and they offered me the units at £158 each and told me they were doing me a favour !!!! as they are now back up to £175.
It seems everybody who ordered has had there orders cancelled because as soon as the price was changed at 9am the stock level suddenly changed from 96 to 250 which is where it was last night.
So far today the go 520 has been advertised on E Buyer at £142 then £199 for less than minutes and now £174
#11
Sorry guys but ebuyer are a business and these do happen.

Sometimes you win sometimes you loose, but ebuyer are entirely within their rights and T&Cs to do this.

At least they offered to split the difference with you

EliTom
#12
Same thing happened to me - just received my cancellation. You win some you lose some I guess.
#13
t&c do not affect your statutory rights however. no one realistically will take this to court, say they send a couple of laywers from Scotland to defend it, put them up in a nice hotel, you loose oops its cost you hundred of pounds. This is what local TSO told me regading mispriced items.
#14
just accept you were out of luck on this occasion and move on
#15
Got mine on Tuesday after ordering it on Sunday at the £179.99 Price. I think coz i ordered on the Sunday and monies were taken they had to honor the Price.
#16
I actually did end up getting 2 x go 520 for £142.44 each.When I placed the original order E Buyer cancelled but offered me the units for £158 each which I did accept as they guaranteed a free next day delivery and it was still cheaper than the £179 offered elsewhwere.I rang city link the next day at 4pm only to be told that my units were not out for delivery and when I rang e buyer they admitted they had messed up and that my units would be with me on Saturday - I then asked if they could honour the original £142.44 as it was no fault of my own and to my surprise they agreed to honour the price so fair play to e buyer.

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