Skank companies.

JohnCoffey · **Posted:** Thu Jan 06, 2011 1:43

So a few days ago I ordered a GTX 465 graphics card. It was about a tenner cheaper than anywhere else and I was pretty chuffed.

On the third of January I emailed them asking when it would be shipped. No answer.
I tried to phone them yesterday as they boast that 95% of their phone calls are answered within 30 seconds ! Needless to say I gave up after five minutes.

So I emailed them again, this time a bit more shitty again asking them when my item would be shipped. A good five hours later I got this.

Quote:

AN ANONYMOUS RETAILER SAID:

Hello JC,

We are writing to you concerning your order that you placed with us.

On the 3rd of January, an electrical power surge caused a fire at our processing system, which took our computers offline temporarily. Rest assured that everything was backed up and secured, however this has meant that any orders received between the 31st of December and 3rd of January have had to be re-processed.

Unfortunately, upon processing your order, our packing team realised that your item was damaged in transit from the manufacturer and had to be returned. Sadly, we are no longer stocking this item, therefore we will have to send you a full refund, with our apologies.

Please confirm that you have received this message, and we will issue you with a full refund.

A liar..

I smell bullshit. Serious bullshit.

Thus, I recommend that no one order from them.

Malabelm · **Posted:** Thu Jan 06, 2011 1:46

Stop buying things from unknown companies just because they're a bit cheaper. A tenner isn't worth the hassle.

You do this all the time, man.

Mimi · **Joined:** 27th Mar, 2008 **Posts:** 26618

Sometimes things happen.

Maybe they realise that they never had your order in stock, or it was damaged, and so added a bit of back story.

But most companies have only been back at work a couple of days, and things are likely to be a bit hectic with the VAT rise and all the emails, etc that need answering after the Christmas break.

And you've been offered a full and immediate refund.

:shrug:

JohnCoffey · **Posted:** Thu Jan 06, 2011 1:50

Nah they don't stock anything. Apparently they re dropship dropshipments from Pixmania.

Malatits. Not to worry, credit card insurance FTW.

Doctor Glyndwr · **Joined:** 30th Mar, 2008 **Posts:** 32624

You ordered from a company who are themselves reliant on fucking pixmania?!

Mimi · **Joined:** 27th Mar, 2008 **Posts:** 26618

It was probably just a mistake or a Series of Unfortunate Events.

I don't think they were trying to scam you or anything, though. They've said 'oops, we've had a problem or two, we're very sorry, have a refund'.

I guess you order a lot of things online (or, at least you seem to, in comparison to a lot of people), so I guess the law of averages says that once in a while things will go awry. Does seem to happen to you quite often, though. Don't you have a reliable supplier you can use for these things?

JohnCoffey · **Posted:** Thu Jan 06, 2011 2:07

Doctor Glyndwr wrote:

You ordered from a company who are themselves reliant on fucking pixmania?!

I only found it out when digging for dirt but yeah, sucks huh?

Ah well. Will phone the CC company in the morning and forward on their offer of a refund and do a snatch back. Then order from one of my trusted list (Ebuyer looking good right now).

Mimi wrote:

It was probably just a mistake or a Series of Unfortunate Events.

I don't think they were trying to scam you or anything, though. They've said 'oops, we've had a problem or two, we're very sorry, have a refund'.

I guess you order a lot of things online (or, at least you seem to, in comparison to a lot of people), so I guess the law of averages says that once in a while things will go awry. Does seem to happen to you quite often, though. Don't you have a reliable supplier you can use for these things?

Yeah I do order a lot online

Mostly because I live in a remote area and any 'cool' shops (large electrical stores and so forth) are all on a retail estate in Chichester 8 miles away with no means of getting there unless you drive. Even my weekly shopping is ordered online (Asda) as again, good trot to the supermarkets (no buses go so you have to do a 3 stop run on the train and then lug it all back, shipping is cheaper than the train fare).

I do have a list of reliable suppliers yes but none had the card I wanted. Ah well, good thing I used the Mastercard really. Everything is insured

Grim... · **Posted:** Thu Jan 06, 2011 3:18

So, the company was out of stock, and refunded you your money. Motherfuckers.

Lawyers!
Is that tedious shit in the first post libelous?

WTB · **Joined:** 27th Mar, 2008 **Posts:** 14497

Na it's fair comment. Plus, presumably JC isn't making it up. Defamation tends to be related to lies that are damaging to some poor soul or other. JC has to be able to prove that what he's claiming is true - the people he's talking about don't have to prove that it isn't true.

JohnCoffey · **Posted:** Thu Jan 06, 2011 5:07

Grim... wrote:

So, the company was out of stock, and refunded you your money. Motherfuckers.

Not yet they have'nt.

Still, not to worry I'll phone CC in the morning and get the money taken back.

KovacsC · **Posted:** Thu Jan 06, 2011 9:31

It has only been 3 days for the refund...it can take up to 10 days, most companies do anyway

MaliA · **Posted:** Thu Jan 06, 2011 9:38

Between the 1st and the 3rd it would be highly unlikely anyone would be at work, nor anyone delivering post for that matter, being a Saturday, a Sunday then two bank holidays.

I think that you are being highly unreasonable expecting such a service and that making a post as you did could cross over into libellous territory very easily.

I also wouldn't send a 'shitty email' to someone as all that in reality happens is people print them out, hand them around the office and laugh at the person who wrote it.

I'd take a back seat, and not fly off the handle quite so quickly at what are, truly, minor irritations in life.

Nemmie · **Joined:** 13th Apr, 2008 **Posts:** 1643

Credit card transactions take some time to appear on the account as has already been said so you would have to wait for a sensible time period before any snatch back as you put it would be made.

They may well be spinning you a yarn but it is hard to prove and the best course of action is just to avoid them in the future and stick with larger companies that have sensible stock levels and are not reselling other peoples stock.

I think you are perhaps taking your frustration about them not being able to supply your card and transferring it to the refund issue which isn't really an issue at all.

ApplePieOfDestiny · **Joined:** 17th Dec, 2008 **Posts:** 8293

Quote:

Nothing's different. Sure we know about it, but we still don't give a fuck. We're still selfish greedy pigs.

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

Grim... - probably, yes. Unsubstantiated allegations of dishonesty is pretty much a definition of libel. Wogan"s wrong, here. Calling someone "a liar" is libellous as it would damage their reputation. I can't see that JC's post would come under the "fair comment" defence, unless WTB can correct me as to why it would.

You, as the server owner/operator, are also liable as you're publishing it.

Of course, I assumed the thread would be libellous merely from the title and poster...

DavPaz · **Joined:** 27th Jun, 2008 **Posts:** 38875

I put a watch in for repair with The Watchlab on the 9th of December. They told me it would take 4 weeks. It *still* hasn't been returned to me.

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

Also, I haven't heard of pixmania - what's wrong with them?

Decca · **Joined:** 23rd Jun, 2010 **Posts:** 2282

I've ordered quite a few things recently that have been ruined in transit, agency delivery guys who turn up to see a 7000 package backlog (dhl nottingham area) and just don't give a fuck so I can well believe the damaged in transit line. Know a few people who opened ordered online packages and found massive water damage as well - worst one was my friend's son's PS3.

Zio · **Joined:** 31st Mar, 2008 **Posts:** 6093

See, what I tend to do in the example of a PC graphics card is to pay the extra tenner to order from a company that I know I can trust.

But even then, sometimes companies that have been brilliant 9 times out of ten can fuck something up that one time - things like this happen. And it seems they're going to give you your money back. Besides, as others have pointed out, this is absolutely the worst time of year for ordering stuff online and expecting prompt delivery - last week most people would only have been in for three days and even then a lot of companies would've been operating with a skeleton staff, plus the post and couriers are always fucked this time of year.

Also, card refunds are never immediate. That doesn't mean that someone at the company in question wasn't processing your refund with their left hand while typing that email with their right hand, it just means that the credit card companies are slow as fuck at processing refunds.

kalmar · **Posted:** Thu Jan 06, 2011 10:45

Jesus Christ.

How about a new years resolution to a) stop continually buying poor quality computer shit that you don't need, and then b) stop whining and being a dick when some minor hiccup inevitably occurs.

And I'll make a new years' resolution to stop reading this sort of thread

Curiosity · **Posted:** Thu Jan 06, 2011 11:16

I ordered a couple of things from shysters Play and Amazon on December 30th. They have not arrived. How can I sue these miserable wretches for all they are worth?

Disclaimer - I don't give a shit as long as they turn up in the next couple of weeks

WTB · **Joined:** 27th Mar, 2008 **Posts:** 14497

Mr Kissyfur wrote:

Grim... - probably, yes. Unsubstantiated allegations of dishonesty is pretty much a definition of libel. Wogan"s wrong, here. Calling someone "a liar" is libellous as it would damage their reputation. I can't see that JC's post would come under the "fair comment" defence, unless WTB can correct me as to why it would.

You, as the server owner/operator, are also liable as you're publishing it.

Of course, I assumed the thread would be libellous merely from the title and poster...

Hmm, I didn't actually notice he'd signed off with "A liar" in the email post - I assumed the email quote was actually pretty much what they'd said and skimmed over that. Good lawyering there. But still, it's more an opinion based on fact (that the goods haven't been supplied) than an outright allegation of dishonesty. It's a tricky one I reckon.

MaliA · **Posted:** Thu Jan 06, 2011 11:27

I reckon there's enough malice there to make it libellous, overriding any fair comment defence.

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

Quote:

Fletcher-Moulton LJ said in Hunt v Star Newspaper [1908] 2 KB 309, Tab 3, at 319-320, CA:

“The law as to fair comment, so far as is material to the present case, stands as follows: In the first place, comment in order to be justifiable as fair comment must appear as comment and must not be so mixed up with the facts that the reader cannot distinguish between what is report and what is comment: see Andrews v. Chapman. [FN16] The justice of this rule is obvious. If the facts are stated separately and the comment appears as an inference drawn from those facts, any injustice that it might do will be to some extent negatived by the reader seeing the grounds upon which the unfavourable inference is based. But if fact and comment be intermingled so that it is not reasonably clear what portion purports to be inference, he will naturally suppose that the injurious statements are based on adequate grounds known to the writer though not necessarily set out by him.

I reckon there's a bit of intermingling there.

Doctor Glyndwr · **Joined:** 30th Mar, 2008 **Posts:** 32624

Mr Kissyfur wrote:

Also, I haven't heard of pixmania - what's wrong with them?

The usual litany of thin margins leading to very few actual staff leading to no ability to sort stuff out when it goes wrong e.g viewtopic.php?p=365352#p365352 was my experience of them. One experience isn't data, of course, but googling suggests these are not isolated incidents.

WTB · **Joined:** 27th Mar, 2008 **Posts:** 14497

Mr Kissyfur wrote:

Quote:

Fletcher-Moulton LJ said in Hunt v Star Newspaper [1908] 2 KB 309, Tab 3, at 319-320, CA:

“The law as to fair comment, so far as is material to the present case, stands as follows: In the first place, comment in order to be justifiable as fair comment must appear as comment and must not be so mixed up with the facts that the reader cannot distinguish between what is report and what is comment: see Andrews v. Chapman. [FN16] The justice of this rule is obvious. If the facts are stated separately and the comment appears as an inference drawn from those facts, any injustice that it might do will be to some extent negatived by the reader seeing the grounds upon which the unfavourable inference is based. But if fact and comment be intermingled so that it is not reasonably clear what portion purports to be inference, he will naturally suppose that the injurious statements are based on adequate grounds known to the writer though not necessarily set out by him.

I reckon there's a bit of intermingling there.

Being harsh, yeah. But I think it's pretty obviously sarcasm. It's the sort of thing you see in a Clarkson column every week and he gets away with it.

WTB · **Joined:** 27th Mar, 2008 **Posts:** 14497

Not that I read Clarkson columns or anything. Nope.

ApplePieOfDestiny · **Joined:** 17th Dec, 2008 **Posts:** 8293

I'd suggest that it may be better for Grim... if we didnt build the case for the prosecution for them whilst the whole post remains intact.

WTB · **Joined:** 27th Mar, 2008 **Posts:** 14497

Good call, but also, chill out. JC is just venting his frustration. Nothing will come of it. Don't change JC!

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

ApplePieOfDestiny wrote:

I'd suggest that it may be better for Grim... if we didnt build the case for the prosecution for them whilst the whole post remains intact.

What we say about it is neither here nor there, and they'd hardly need the assistance of a bunch of forum dweebs to work out that calling them liars is actionable. It's what JC has said that matters.

Anyway.

DavPaz · **Joined:** 27th Jun, 2008 **Posts:** 38875

Forum Meet - 2011

Cras · **Joined:** 30th Mar, 2008 **Posts:** 49253

Not now it ain't.

Zardoz · **Posted:** Thu Jan 06, 2011 11:53

Where's Rude Dog?

DavPaz · **Joined:** 27th Jun, 2008 **Posts:** 38875

Zardoz wrote:

Where's Rude Dog?

He has his own forum

Malabelm · **Posted:** Thu Jan 06, 2011 11:57

DavPaz wrote:

He has his own forum

I wouldn't bother with it, though: they're all dweebs.

Zardoz · **Posted:** Thu Jan 06, 2011 11:59

Found him

Trooper · **Joined:** 4th Mar, 2010 **Posts:** 22425

Can something be libellous and true? Or is that defamation?

BikNorton · **Joined:** 30th Mar, 2008 **Posts:** 10256

Libel is written, defamation is spoken. I think. Or the other way round.

Either way, if it's truth it's neither.

Trooper · **Joined:** 4th Mar, 2010 **Posts:** 22425

I think that is the layman's understanding, but I'm not sure that is true. If only we had a lawyer on here...

MaliA · **Posted:** Thu Jan 06, 2011 12:08

Libel is published, slander is spoken. Truth can be a defense.

DavPaz · **Joined:** 27th Jun, 2008 **Posts:** 38875

I thought defamation was the umbrella term for all slander, libel and name calling.

MaliA · **Posted:** Thu Jan 06, 2011 12:12

DavPaz wrote:

I thought defamation was the umbrella term for all slander, libel and name calling.

It is.

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

DavPaz wrote:

I thought defamation was the umbrella term for all slander, libel and name calling.

It is. Slander is spken defamation, libel is written.

Oh, mali already said that. Well, I said it better.

Zardoz · **Posted:** Thu Jan 06, 2011 12:37

Mr Kissyfur wrote:

DavPaz wrote:

I thought defamation was the umbrella term for all slander, libel and name calling.

It is. Slander is spken defamation, libel is written.

Oh, mali already said that. Well, I said it better.

You sure did. :belm:

BikNorton · **Joined:** 30th Mar, 2008 **Posts:** 10256

Oh yeah, slander. I had a feeling I was getting mixed up on that one.

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

Zardoz wrote:

Mr Kissyfur wrote:

DavPaz wrote:

I thought defamation was the umbrella term for all slander, libel and name calling.

It is. Slander is spken defamation, libel is written.

Oh, mali already said that. Well, I said it better.

You sure did. :belm:

Do I mean betterer, then?

ApplePieOfDestiny · **Joined:** 17th Dec, 2008 **Posts:** 8293

Mr Kissyfur wrote:

ApplePieOfDestiny wrote:

I'd suggest that it may be better for Grim... if we didnt build the case for the prosecution for them whilst the whole post remains intact.

What we say about it is neither here nor there, and they'd hardly need the assistance of a bunch of forum dweebs to work out that calling them liars is actionable. It's what JC has said that matters.

Anyway.

I was thinking from the perspective "not only did you let it stay up, you let it stay up when a number of people said it was wrong"

Of course, I'm now multiplying the problem right there.

Bobbyaro · **Joined:** 18th Apr, 2008 **Posts:** 11925

On the other hand, I still haven't had a refund from coolshop for that Civ 5 pricing mis-hap.

MrChris · **Joined:** 1st Apr, 2008 **Posts:** 30498

ApplePieOfDestiny wrote:

Mr Kissyfur wrote:

ApplePieOfDestiny wrote:

I'd suggest that it may be better for Grim... if we didnt build the case for the prosecution for them whilst the whole post remains intact.

What we say about it is neither here nor there, and they'd hardly need the assistance of a bunch of forum dweebs to work out that calling them liars is actionable. It's what JC has said that matters.

Anyway.

I was thinking from the perspective "not only did you let it stay up, you let it stay up when a number of people said it was wrong"

Of course, I'm now multiplying the problem right there.

This is true. And now I'm doing that too.

We need to start a Beex-amation defence fund. I vote we auction off JC's PCs to pay for it.

kalmar · **Posted:** Thu Jan 06, 2011 13:22

I'll start the bidding at £-1

Be Excellent To Each Other

Skank companies.
Report the fuckers here !

Who is online

Be Excellent To Each Other

Skank companies. Report the fuckers here !

Who is online

Skank companies.
Report the fuckers here !