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    Online order from overclockers.co.uk confirmed by e-mail and phone - refusal to fulfill.

    Maybe someone could advise me here...

    I placed an order with overclockers.co.uk for a promotional price motherboard and they confirmed I would be receiving it by phone and email.

    They phoned me to confirm the order not the other way about, because it was a limited offer.

    They also took the money from my bank account the same day.

    After many delays and another email confirming it would be arriving soon they have today sent an email stating that I will not now receive the motherboard at all. I called and they still refuse.

    Any idea what I can do from here?

    Many thanks in advance for anyone who can help me out.

    20 Comments

    Check the Ts and Cs.
    Overclockers are notorious for terrible service.

    Most retailer stae that the contract is not binding until the item has been despatched ,Did you recieve a Email cofirming it had been despatched ?.

    Original Poster

    No e-mail confirming dispatch but surely they can't just make up their own terms and conditions without adhering to law.

    overclockers service does suck.. hope someone can help you

    TBH...get your money back and shop elsewhere......it's not worth the stress and hassle!

    Vote with your proverbial feet and never purchase from them again.:thumbsup:

    Original Poster

    Their terms and conditions....


    1.2
    No contract exists between you and the Supplier for the sale of any 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.
    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.

    Get your money back, then complain to them in writing stating that you will also complain to trading standards about them.

    then just be glad that you've got your money back. Trust me, I've bought online in the last year, paid for the goods, told I would be receiving them, not once but many times by email. Then the "owner" of the online website done a runner with the money when his supplier didnt deliver the goods...

    and it was a popular games and consoles website as well. So let it be warning to all those who purchase via shoddy websites for the low prices....it does not guarantee that you will get the goods and does not guarantee that you will get your money back.....:thumbsup:

    southwell65;6402964

    Their terms and conditions....1.2 No contract exists between you and the … Their terms and conditions....1.2 No contract exists between you and the Supplier for the sale of any 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. 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.



    at best all you can do is use this to complain to trading standards,, its not going to net you millions in a court battle....it would go to small claims court where you would get the money back the you paid for item and any expenses that you incurred while trying to recover that money. Nothing else.

    southwell65;6402866

    No e-mail confirming dispatch but surely they can't just make up their … No e-mail confirming dispatch but surely they can't just make up their own terms and conditions without adhering to law.



    What law has the seller broken?

    Original Poster

    linuxlinks;6403007

    What law has the seller broken?



    I don't know that's why I am asking for advise...

    They certainly seem to have broken their terms and conditions.

    southwell65;6403023

    I don't know that's why I am asking for advise...They certainly seem to … I don't know that's why I am asking for advise...They certainly seem to have broken their terms and conditions.



    Lets say they have OP, realistically what is it that you want? They have told you they cannot fulfil the order (possibly becuase their supplier cant deliver the goods) ...so the reasonable and logical thing to do is to refund you.

    What else do you want? :?

    Original Poster

    They are selling the board at full price right now and when I received the phone call the gentleman told me he had my board there at the time and I was one of the lucky ones to receive it at the promo price.

    What I would like is to receive the board at the price I paid three weeks ago.

    Also received the following email that the guy said would be confirmation...

    [FONT=&quot]Dear Customer,

    Thank you for your recent order of the ** PROMO STOCK ** MSI P55-GD80 Intel P55 (Socket 1156) DDR3 Motherboard.

    There has been huge demand for this product at the promotional price and I am pleased to notify you that you will be receiving a MSI P55-GD80 Intel P55 (Socket 1156) DDR3 Motherboard shortly.

    Regards,

    OcUK Purchasing Team

    [/FONT]

    You could try a loss of bargain law suit, or argue estoppel on the basis of the broken promise, but is it really worth the time/ hassle?

    Banned

    What do you expect to get out of this OP?

    They cannot physically give you what they don't have. Get your money back and move on. Oh and quit whining.

    Banned

    dimebars;6405490

    What do you expect to get out of this OP?They cannot physically give you … What do you expect to get out of this OP?They cannot physically give you what they don't have. Get your money back and move on. Oh and quit whining.


    To be fair they clearly DO have it.

    Overclockers are an odd bunch. You either get very good service, or frankly appalling service.

    I've bought a load of stuff from them, but generally buy over the counter (in Stoke). In fact the one time i bought a sound card which didn't do something i needed it to do, even though their website (and a lot of others) send it did. Despite it being over the counter sale, i was given the choice of bringing it back, or posting it for a full refund.

    They've always been great for me, but I know a LOT of people have complaints.

    I also use Aria PC now in East Manchester. They get similarly bad reviews though.

    dimebars;6405490

    What do you expect to get out of this OP?They cannot physically give you … What do you expect to get out of this OP?They cannot physically give you what they don't have. Get your money back and move on. Oh and quit whining.



    Did you not read the bit where the it is stated that they have the board at full price, and will not sell at the promo price which they promised and agreed.

    THEY HAVE THE BOARD!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    southwell65;6402866

    No e-mail confirming dispatch but surely they can't just make up their … No e-mail confirming dispatch but surely they can't just make up their own terms and conditions without adhering to law.



    Ignoring that this is overclockers, most legit companies will have T&C to protect themselves. If they have been let down by a supplier and can't get stock at all - or at this price - what exactly do you expect them to do?

    Original Poster

    Many thanks to everyone who left constructive ideas, the rest can go fly a kite.

    I penned a very concise e-mail to overclockers.co.uk and pointed out all the communications that had gone before and heard nothing for a few days and then yesterday they sent the motherboard !! :w00t:

    Very happy with the outcome and it does no harm to be pleasant.

    Rep to all those who left ideas and once again many thanks. :thumbsup:

    The board has just arrived, very quick delivery as well.

    Life never ceases to amaze.

    Nice one,Glad you got sorted ,:thumbsup:

    fab stuff !
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