yassarikhan786
New member
Oh ok. They are bast***s for doing this.
To good to be true????
- Thread starter leejc73
- Start date
Oh ok. They are bast***s for doing this.
Email just sent
"To whom it may concern.
I am writing to inform you of an error YOU have made.
I ordered as stated above an Asus Maximus IV Extreme-Z intel Z68 Motherboard, for which I have records on both Amazon and the Invoice you provided.
However you have supplied me with a P8 Z68-V Pro. This is not what I ordered. This device is also considerably cheaper and of lower performance than the device I ordered so can not be considered equivalent quality or price.
I have understood that there may be some issue with your ordering system confusing both price and catalogue numbers, however this is not my problem.
You have knowingly supplied an incorrect item, without consultation or information to me the consumer.
With this in mind you are now in breach of Article 7 Clause 3 of the EU Distance Selling regulations.
As these Items have incorrectly been delivered to myself by yourself, with no information furnished to me regarding the offer of an alternative this has made you responsible for return and replacement for the "as ordered item".
Please correct the contract default you have created by organising courier collection for the incorrectly supplied device, and furnishing me with the device I ordered for which you have at no point issued notice of unavailability or alternative.
Yours
Lee Carroll
Technical Support Manager
Thales Aerospace Divison
LE3 1UA
United Kingdom."
"To whom it may concern.
I am writing to inform you of an error YOU have made.
I ordered as stated above an Asus Maximus IV Extreme-Z intel Z68 Motherboard, for which I have records on both Amazon and the Invoice you provided.
However you have supplied me with a P8 Z68-V Pro. This is not what I ordered. This device is also considerably cheaper and of lower performance than the device I ordered so can not be considered equivalent quality or price.
I have understood that there may be some issue with your ordering system confusing both price and catalogue numbers, however this is not my problem.
You have knowingly supplied an incorrect item, without consultation or information to me the consumer.
With this in mind you are now in breach of Article 7 Clause 3 of the EU Distance Selling regulations.
As these Items have incorrectly been delivered to myself by yourself, with no information furnished to me regarding the offer of an alternative this has made you responsible for return and replacement for the "as ordered item".
Please correct the contract default you have created by organising courier collection for the incorrectly supplied device, and furnishing me with the device I ordered for which you have at no point issued notice of unavailability or alternative.
Yours
Lee Carroll
Technical Support Manager
Thales Aerospace Divison
LE3 1UA
United Kingdom."
Yeah, I sent an email at about 10am this morning. I knew it couldn't have been the Maximus given the size of the box it came in. You should probably also let Amazon know. When I asked about procedure, it looks like we'll have to send back the motherboard and then they'll process a refund...
So what's their legal obligation here? If they don't have the Maximus there's not much they can do about it I'd imagine, and they probably will refuse to refund us until they've received their product back
They should be sending you a prepaid label to return the product if they can't give you what you ordered. Once they receive the product they should be refunding your money. Be sure not to open the motherboard.
If they wish to exit the contract because they can't supply the correct item then it becomes there responsibility to get the item returned, not yours.
You should not pay for return postage, if they refuse to refund then they are guilty of far more serious criminal offences.
They have failed to fulfill the contract you engaged in them with, and it's not your fault. They are the ones who breached the contract why should you pay to correct their error???
You should not pay for return postage, if they refuse to refund then they are guilty of far more serious criminal offences.
They have failed to fulfill the contract you engaged in them with, and it's not your fault. They are the ones who breached the contract why should you pay to correct their error???
Yeah, let me know when you get a response from them. I'll do the same.
They're sending me a prepaid label, you may need to check your spam folder.
Yeah I've just had that.
This was my response.
Dear Rebecca,
This is unsatisfactory. I entered a contract with you for items to be supplied.
I still require those Items to be supplied, as you have at no point during this transaction used the rights afforded to you under distance selling legislation, that of an alternative equivalent item or a non stock notification, as such this contract still requires fulfilment. I still want the item sold to me for the price paid by me.
I am also very displeased by the following statement from yourself.
Furthermore please keep the proof that you have returned the parcel. This is important in case of any problems during the return.
Please note that if our technicians can't confirm the problem indicated by you, we have only the possibility of returning the article to you (CD, DVD, games or software)!
I can't imagine that you require the expertise of a technician to confirm the fact you despatched/missold an Item which was not the Item ordered.
Regards
Lee Carroll
Not sure if it will get me anywhere, but the legislation is definitely in our favour.
This was my response.
Dear Rebecca,
This is unsatisfactory. I entered a contract with you for items to be supplied.
I still require those Items to be supplied, as you have at no point during this transaction used the rights afforded to you under distance selling legislation, that of an alternative equivalent item or a non stock notification, as such this contract still requires fulfilment. I still want the item sold to me for the price paid by me.
I am also very displeased by the following statement from yourself.
Furthermore please keep the proof that you have returned the parcel. This is important in case of any problems during the return.
Please note that if our technicians can't confirm the problem indicated by you, we have only the possibility of returning the article to you (CD, DVD, games or software)!
I can't imagine that you require the expertise of a technician to confirm the fact you despatched/missold an Item which was not the Item ordered.
Regards
Lee Carroll
Not sure if it will get me anywhere, but the legislation is definitely in our favour.
Harvesl.
I've just had a look at the packaging.
Have you got an EAN sticker over the main box sticker? Which states the EAN for the Maximus Extreme Z?
If you can peel it off carefully you'll find the correct EAN for the P8Z68-V Pro underneath.
This company is trying to cover a price error by covering up the original EAN with that of the Maximus Extreme Z, and probably claiming it was an honest mistake.............
What they've actually done is borderline fraud. I just need to check with the legal team at work to find out where they stand.
Effectively they've taken a Volkswagon Golf and stuck a Veyron Vin plate on it, then tried to flog it as a Veyron.
Check for yourself.
Cheers
Lee
I've just had a look at the packaging.
Have you got an EAN sticker over the main box sticker? Which states the EAN for the Maximus Extreme Z?
If you can peel it off carefully you'll find the correct EAN for the P8Z68-V Pro underneath.
This company is trying to cover a price error by covering up the original EAN with that of the Maximus Extreme Z, and probably claiming it was an honest mistake.............
What they've actually done is borderline fraud. I just need to check with the legal team at work to find out where they stand.
Effectively they've taken a Volkswagon Golf and stuck a Veyron Vin plate on it, then tried to flog it as a Veyron.
Check for yourself.
Cheers
Lee
Update this morning from Rebecca.
"Dear Lee,
thanks a lot for your reply.
If you want we can try to change the product. We will inform you as soon as your return reaches us.
Regarding our two sentences.... we have to mention this in all our return procedures in order to hedge us against any risks or costs. As you ordered a motherboard you can ignore these sentences.
Thanks a lot in advance for your kind understanding.
Kind regards
Rebecca Hoffmann"
Stick to your guns mate, I don't care if it means there is a 4-6 week lead time I want the extreme-z at the price I paid for it.
Cheers
Lee
"Dear Lee,
thanks a lot for your reply.
If you want we can try to change the product. We will inform you as soon as your return reaches us.
Regarding our two sentences.... we have to mention this in all our return procedures in order to hedge us against any risks or costs. As you ordered a motherboard you can ignore these sentences.
Thanks a lot in advance for your kind understanding.
Kind regards
Rebecca Hoffmann"
Stick to your guns mate, I don't care if it means there is a 4-6 week lead time I want the extreme-z at the price I paid for it.
Cheers
Lee
Response from me
"Dear Rebecca,
Thank you very much for your reply, and on a sunday as well.
Your email was most acceptable
I would very much like to change the product for the correct item as sold to me.
However I require assurance that this is the agreement between ourselves prior to returning the motherboard.
Irrespective of lead time, stocking levels or availability if you are prepared by return email to guarantee to fulfil the original order with the correct item, that being
1 x Asus Maximus Extreme-z EAN 4719543180969 then I shall return the incorrect item as requested as soon as possible.
Kind Regards
Lee Carroll"
Cheers
"Dear Rebecca,
Thank you very much for your reply, and on a sunday as well.
Your email was most acceptable
I would very much like to change the product for the correct item as sold to me.
However I require assurance that this is the agreement between ourselves prior to returning the motherboard.
Irrespective of lead time, stocking levels or availability if you are prepared by return email to guarantee to fulfil the original order with the correct item, that being
1 x Asus Maximus Extreme-z EAN 4719543180969 then I shall return the incorrect item as requested as soon as possible.
Kind Regards
Lee Carroll"
Cheers
yassarikhan786
New member
Wow, I didn't expect the company to stoop this low. You have evidence that they committed fraud and so I'm sure you will get the MB you paid for
.
Update - received this about 10 minutes ago.
"Good morning Lee,
thanks a lot for your kind understanding.
As soon as your return reaches us we will get immediately in touch with you in order to find an adequate solution.
Kind regards
Rebecca Hoffmann
AVIDES Media AG
Customerservice "
She's doing the customer service usual of not committing to anything. Not that worried as the email chain gives a clear indication of my requirements so I'll be shipping it back today.
"Good morning Lee,
thanks a lot for your kind understanding.
As soon as your return reaches us we will get immediately in touch with you in order to find an adequate solution.
Kind regards
Rebecca Hoffmann
AVIDES Media AG
Customerservice "
She's doing the customer service usual of not committing to anything. Not that worried as the email chain gives a clear indication of my requirements so I'll be shipping it back today.
