Ebuyer priority delivery service....a joke!

  vaughan007 17:23 03 Dec 04
Locked

Oh Ebuyer.

You have let me down.

Paying £8.50 for a so called priority delivery service and not delivering is not acceptable.

Especially when you dont contact me to let me know if there has been any problems with the delivery.

By my reckoning...Ebuyer has a little under 7 hours to deliver until you are in breach of contract...cant see it happening somehow...but I live in hope.

It will be a breach of contract and not just a breach of terms...thats because "priority service" gives the suggestion that time is of the essence.

Should Ebuyer deliver by the end of today I will fully retract my comments!

Should Ebuyer fail to deliver I WILL be seeking remuneration...let me just calculate my daily salary...

  Rayuk 18:22 03 Dec 04

You say Citylink will deliver on Monday,so they have your goods,not ebuyer is this right,if so surely Citylink are at fault not ebuyer.

Did you track your order on ebuyer what were they telling you.

  spuds 23:49 03 Dec 04

You were a little quick in condemning a company with breach of contract for late delivery,when you actually stated that they had little under 7 hours left.To be a bit more realistic, the courier Citylink normally deliver upto 18.00 hours and a little later sometimes, but I see your post was 17.23 hours, which would seem as though you know the facts before they occurred.

As stated by Rayuk, it would appear as though Citylink have your goods, and Ebuyer have dispatched them to you. Why not check Citylinks tracking system, then you will see were the problem lies.Ebuyer will reimburse you, if you contact them, in a nice way.

I use Ebuyer quite a lot, and in one recent case I tracked my goods as delivered to the local Citylink depot at 6.45am, and these goods were on the local van at 6.52am and delivered to my address at 10.15am.Not bad going,I would have thought!.

Threatening breach of contract, demanding reimbursement of lost salary, and saying that you are going to post to as many forums, will not cure the problem, will it now!.

  vaughan007 01:39 04 Dec 04

Actually...they are in breach of contract.

They charged me extra for a faster delivery that they never honoured.

The goods never arrived and its now 1:26am on Saturday. So not Friday like the priority service promised it would arrive on. I could just see what was about to happen.

So, basically, I was right.

My contract is with ebuyer NOT with their courier. Their courier problems is nothing to do with me. The only time this matters is in the case of a Force Majeure which I would very much doubt happened this time.

It's Ebuyers contractual obligation to deliver the goods on the stated time whichever courier or delivery system they choose to use. We can argue all you like about that but you will lose the argument. Because I know I am correct...check consumer law and you will see.

Here is the link which explains it in simple terms

click here

Stated simply...if 'time is of the essence', which a priority delivery service suggests it is and paying extra for this priority delivery reinforces the legalities further...then not delivering on time constitutes a breach of contract and damages can be claimed by the consumer without requirement of proof of loss.

Spuds.

If you read my second post you would see that citylink say they are not going to deliver until Monday. Which is about 76 hours (3 days) after the contracted delivery date. This is the delivery date I would have had without paying extra for the so called priority service.

  vaughan007 01:49 04 Dec 04

Spuds...Your right on one point though....

Posting to as many forums as I can find wont solve anything (Although this post has now been repeated on 12 different UK forums).

But maybe Ebuyer should remember the old marketing phrase...

"An unhappy customer, on average, tells 8 people....a happy one, on average, tells 2 people"

The days of the internet probably means this can be updated to...

"An unhappy customer, on average, tells 4000 people...a happy one, on average, tells 3 people"

Enough said.

  ened 06:45 04 Dec 04

Did Ebuyer despatch the item within the stated time?
I would have thought a more constructive approach would have been to contact them to let them know their couriers have failed.

In the meantime, if it is really urgent, is it possible to collect it yourself from the Citylink depot?

BTW. I am the first to complain about poor service and sometimes companies like Ebuyer can become so large the individual problem is overlooked. But, whilst they might be legally liable, a less antagonistic approach might not only produce results for you but also cause them to investigate their courier service.

  Lead 08:11 04 Dec 04

I can sympathise with your position. I know many people have had no problems with Ebuyer (and I envy you), but my record seems to be 50/50 at the moment. Most of the time it's because of delivery shortcomings. Their standard response seems to be their quoted delivery times are an 'indication' and not to be taken as a definitive delivery schedule.

Now blaiming the courier is one option, but I agree with previous comments that my contract is with Ebuyer, not the courier. I see it no differently to taking a defective product back to the shop, not the manufacturer.

I know I should vote with my feet and take my business elsewhere, but I have come to accept bad service (not just from Ebuyer) as a trade off for cheap prices, right or wrong as that may be.

It's also a fact that customers can no longer voice their opinions too strongly, as it invariably gets them nowhere. We have to remain calm and collected and prepare for long, drawn out battles. Hopefully outlastling the 'opposition' until the matter is ultimately resolved in our favour.

The days of the 'customer is always right' are long gone.

  Forum Editor 08:54 04 Dec 04

1. We do not permit you to incite other forum users to boycott a company, based on your personal experience. It's for other forum users to decide whether or not they will buy from a company.

2. Before you start making assertive statements about breach of contract and claiming damages it might be a good idea to take a look at the ebuyer terms and conditions - all of which you agreed to accept when you proceeded with your purchase. One of the conditions of sale is that "........the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery."

To succeed with a compensation for breach claim you would have to show evidence that the delay in delivery was either unreasonable or that it was avoidable - something you would have great difficulty in doing.

My advice to you is that in future you look before you leap into print. You posted this thread in anticipation of a problem ocurring, and it almost seems as if you went looking for trouble. I've been buying computer hardware from this company for a long time, and so far I have not had a problem. That doesn't mean there aren't people who do have problems of course, but all online suppliers suffer from this. Deliveries, once they leave the warehouse, are in the hands of couriers, and although it's true to say that your contract was with ebuyer it's necessary ocaasionally to step into the real world, and understand what goes on. If the courier fails to make the delivery on time there's little that ebuyer can do about it.

I your case I would have thought that a quick trip to the courier's depot would solve the problem - if you can't wait until Monday that is.

To summarise:-

You agreed that Ebuyer would not be liable to you for loss or damage as a result of late delivery, and your agreement became part of the contract between you. There was no question of time being of the essence - you must state that clearly at the time of placing your order if you wish it to form part of the contract.

Finally - to succeed with a claim for damages in a case of breach the damaged party (you) would have to show evidence of the damage and/or loss. It's not simply a case of saying "I took the day off to to await delivery" - you would have to show written evidence that your employer didn't pay you for instance. The whole idea of damages awards for breach is that they are designed to compensate the person who suffered a loss - not to punish the person who is in breach.

I understand that you're annoyed - I know what it's like to wait for something that doesn't arrive - but be realistic about this. A claim for damages in these circumstances would cost you quite a lot in terms of legal fees and would fail. Reading a few paragraphs on an Inland revenue web site hardly qualifies you as an expert in contract law.

  pj123 12:05 04 Dec 04

Beautifully put, FE. Also good to know you haven't blocked/deleted this thread (yet).

vaughan007, what was it that you ordered that was so life and death that, if you didn't get it on the day agreed, the world would come to an end?

What a lot of fuss about - what, maybe a fiver more than the normal delivery charge??

I think I would have contacted Ebuyer (calmly) and explained. You never know, you may have got your delivery charge refunded or at least a voucher for further use.

  vaughan007 12:53 04 Dec 04

"1. We do not permit you to incite other forum users to boycott a company, based on your personal experience. It's for other forum users to decide whether or not they will buy from a company."

OK, fair enough. Although I should point out that your interpretation of breach of contract is not correct.

However,

The main point that actually irritated me about Ebuyer was that they made no attempt to tell me that the delivery would be late. Despite having my email address, mobile number and home phone number. I am also sure that somewhere on their website (or during the order process) it says they will try to contact you if the delivery will be late, but I might be wrong about that.

It is quite likely that on Friday morning (certainly by lunch time) they knew the item was not going to reach me on time. If they had contacted me at any time, even right up to the wire, and explained the delivery would be late then I would have accepted their explanation. Instead I sat there waiting for a delivery that never arrived. I am sure everybody can understand that when it doesn't arrive it is annoying and irritating. If people dont understand this then I would assume that they have never had an item not delivered as promised.

They never did contact me though, and still havn't, which is not good customer service in my opinion.

I cant understand how a company that fails to deliver on time can be defended. They messed up, it really is as simple as that. I, as the customer, have done nothing wrong. I fulfilled my side of the agreement. Quite simply, they did not uphold their side of things. Which, from what I can tell from other forums is not that unusual for Ebuyer to do.

I paid extra money for a delivery on Friday, but I am just getting the normal delivery service I would have got anyway. Whichever way you look at things that is simply not acceptable. This makes me feel like I have simply been conned or ripped off.

pj123 said

"vaughan007, what was it that you ordered that was so life and death that, if you didn't get it on the day agreed, the world would come to an end?"

"What a lot of fuss about - what, maybe a fiver more than the normal delivery charge??"

The amount of money I paid for delivery is not the issue. The item I bought is also not important. If you paid for a pint and only got half a pint you would go nuts I am sure, even thought your probably talking about a £1 difference!

It has been pointed out that I jumped the gun by writing this post at 17:23. Then the FE said "I need to step into the real world". Maybe I udnerstand the real world better than you think because I found it hard to believe that my parcel was going to be delivered after 17:30 on a Friday night...and no great surprise, I was correct!

Finally, I wont use Ebuyer again (this was the first time I had used them) because I feel I cant trust them to deliver on time. Also, if anyone asks me about Ebuyer I will simply explain what happened to me and give my opinion. Essentially, Ebuyer have lost at least one future customer.

  Rayuk 15:13 04 Dec 04

You seemed to have skipped the question regarding when ebuyer actually shipped the goods,if Citylink said they wouldnt be delivering till Monday then they must have had your goods on the Friday.

This happened to me once with ebuyer I informed them of late delivery after paying for next day they appologised and refunded full p&p charges couldnt see what else they could do as the courier was at fault not them.

When you get the parcel check it was sent next day and date sent.

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