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Zotac artic storm rtx2080ti

Soldato
Joined
25 Oct 2010
Posts
5,230
So he didn't pay, payment was on hold, OCUK did not see money until fraud check cleared. All deals are subjected to availability, and when he paid it was no longer avaiable, they recived physicial money from someone else who purchased product on website with discount.

They accepted an offer he negotiated and were waiting on payment to clear.

While the OP might have no legal recourse in the matter, I'd argue that OCUK should have held the item for him under the circumstances as it would have been the decent thing to do.
 

bru

bru

Soldato
Joined
21 Oct 2002
Posts
7,360
Location
kent
So you're in a shop and you buy the last mars bar, but the chip and pin machine wont let the payment though. another customer decides to take said mars bar out of your basket and buy it instead.
yeah a very fair situation i don't think.
 
Associate
Joined
10 Mar 2012
Posts
734
So you're in a shop and you buy the last mars bar, but the chip and pin machine wont let the payment though. another customer decides to take said mars bar out of your basket and buy it instead.
yeah a very fair situation i don't think.
Except person who purchased this card did not take it from anyone's basket, on most websites unless you don't recive email saying payment went through and order is confirmed you made no purchase. Nothing wrong from ocuk only badly implemented discount, but if you browse through forum whoever ask for deal its usually public for everyone to benefit unless you are large business.
 
Soldato
Joined
5 Mar 2010
Posts
12,305
I was gazumped

Just to be pedantic, you weren't gazumped, as that would mean that the other person would have offered more.

It doesn't sound like the right way of doing business though, was there never a suggestion of processing the order over the phone so that it was a guaranteed purchase.

OCUK must have thousands of visitors that visit their site daily, and probably 95% of them don't even use the forum, so your chances are very slim of finding whomever purchased it.
 
Soldato
Joined
5 Mar 2010
Posts
12,305
So you're in a shop and you buy the last mars bar, but the chip and pin machine wont let the payment though. another customer decides to take said mars bar out of your basket and buy it instead.
yeah a very fair situation i don't think.

Hmm not quite, it's as if there was a last mars bar on the shelf and the shop were offering a special discount, the OP had phoned up and told of this special pricing. On his way to the store, someone else got there before him and had picked up the mars bar.

In your example you're assuming that said product is reserved to you whilst in your basket, the only ecommerce systems i know that work that way, are usually things like concert tickets, flight tickets, sport event tickets etc - you're usually told that you've got the product reserved and you have 10 minutes to complete the purchase...
 

bru

bru

Soldato
Joined
21 Oct 2002
Posts
7,360
Location
kent
Hmm not quite, it's as if there was a last mars bar on the shelf and the shop were offering a special discount, the OP had phoned up and told of this special pricing. On his way to the store, someone else got there before him and had picked up the mars bar.

In your example you're assuming that said product is reserved to you whilst in your basket, the only ecommerce systems i know that work that way, are usually things like concert tickets, flight tickets, sport event tickets etc - you're usually told that you've got the product reserved and you have 10 minutes to complete the purchase...

Except for the fact that he had gone through the checkout only to find the payment to fail. So he had already picked up the mars bar and taken it through the checkout
Just not a good analogy on my part.
 
Soldato
OP
Joined
21 Dec 2019
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6,440
Location
Planet Thanet
Let's see if I can clarify it
I negotiated a price on the card
They agreed to sell me the card at that price
I agreed to buy it at that price
That's a contract far as I am concerned
Where it went wrong is normally the ocuk staff would be working at ocuk not at home
So I would have phoned up and the guy on the phone would have shouted hey gibbo did you agree this sale?
Job done
Because they are working from home the price was altered instead on the website
I immediately pressed buy it now
But my card issuer decided to do a fraud check delaying things
I said so on the customer service thread
I also phoned ocuk explaining
I see no reason they couldn't cancel the other guys order
After fraud check ocuk took my payment
Emailed me your orders received
Even told me in customer service later it had all gone through ok
Only when I asked for a rough update on delivery was I told oh we sold it to someone else
Amend or cancel your order basically just tough luck
Not a oh its a mix up we will try to help you
No ocuk famous customer service
So yes I feel aggrieved
Far as I am concerned we made a contract and though delayed a short while my payment was taken completing my part of the contract
I therefore feel entitled to a card with a water block fitted at the agreed price
I understand ocuk would take a hit on that
But they are in the wrong in my opinion anyway
And can easily take the hit, I can't easily afford to take the hit of a discounted new card and the extra cost of a water block and having to fit the block myself too
I like ocuk, am usually praising their service, but in this instance don't feel I am getting that customer service
There are no more B grade ones or I would have went that route, the actual manufacturer of the card doesn't bother me just the prefitted waterblock
Sorry I am being stubborn about it but feel I am justified in doing so
In the circumstances
 
Soldato
OP
Joined
21 Dec 2019
Posts
6,440
Location
Planet Thanet
Just to be pedantic, you weren't gazumped, as that would mean that the other person would have offered more.

It doesn't sound like the right way of doing business though, was there never a suggestion of processing the order over the phone so that it was a guaranteed purchase.

OCUK must have thousands of visitors that visit their site daily, and probably 95% of them don't even use the forum, so your chances are very slim of finding whomever purchased it.
Normally over the phone would be the way its done
Guy on the phone shouts hey gibbo you agree this
Job done but with staff working from home guess it got altered
 

bru

bru

Soldato
Joined
21 Oct 2002
Posts
7,360
Location
kent
Let's see if I can clarify it
I negotiated a price on the card
They agreed to sell me the card at that price
I agreed to buy it at that price
That's a contract far as I am concerned
Where it went wrong is normally the ocuk staff would be working at ocuk not at home
So I would have phoned up and the guy on the phone would have shouted hey gibbo did you agree this sale?
Job done
Because they are working from home the price was altered instead on the website
I immediately pressed buy it now
But my card issuer decided to do a fraud check delaying things
I said so on the customer service thread
I also phoned ocuk explaining
I see no reason they couldn't cancel the other guys order
After fraud check ocuk took my payment
Emailed me your orders received
Even told me in customer service later it had all gone through ok
Only when I asked for a rough update on delivery was I told oh we sold it to someone else
Amend or cancel your order basically just tough luck
Not a oh its a mix up we will try to help you
No ocuk famous customer service
So yes I feel aggrieved
Far as I am concerned we made a contract and though delayed a short while my payment was taken completing my part of the contract
I therefore feel entitled to a card with a water block fitted at the agreed price
I understand ocuk would take a hit on that
But they are in the wrong in my opinion anyway
And can easily take the hit, I can't easily afford to take the hit of a discounted new card and the extra cost of a water block and having to fit the block myself too
I like ocuk, am usually praising their service, but in this instance don't feel I am getting that customer service
There are no more B grade ones or I would have went that route, the actual manufacturer of the card doesn't bother me just the prefitted waterblock
Sorry I am being stubborn about it but feel I am justified in doing so
In the circumstances


You did nothing wrong and in your position I would be rather peeved at the whole situation aswell.
 
Soldato
OP
Joined
21 Dec 2019
Posts
6,440
Location
Planet Thanet
You did nothing wrong and in your position I would be rather peeved at the whole situation aswell.
Thanks
Gibbo has offered a new card
At a discount
But it's got no waterblock
And will leave me 200 quid over what was agreed and fitting the block myself
Fair play to him as that's at least some sort of customer service unlike the other
Guy
But still not acceptable to me
I don't think I am being unreasonable here
 
Associate
Joined
24 May 2015
Posts
261
Location
London
Technically the shop didn't see the money until the fraud check was cleared, so you didn't pay for it and the card was still up for grab, they also told you that they couldn't hold it and if someone would pay they would take it, I don't understand all this crying to be honest. It's not the shop fault if your bank delayed the payment, they didn't have your money until after they sold it to someone else, they will just issue a refund because you (meaning your bank) paid for it when it was not available anymore
 
Soldato
Joined
24 Jul 2004
Posts
22,594
Location
Devon, UK
I hope it had a manufacturers warranty on top of that, 90days is an insane level of risk for a 2080Ti

I would be interested to hear if anyone who bought a B Grade graphics card actually got the manufacturer to honour the full warranty? It certainly puts me off buying anything complex like a graphics card, unless it was super cheap.
 
Associate
Joined
21 Apr 2007
Posts
2,483
I would be interested to hear if anyone who bought a B Grade graphics card actually got the manufacturer to honour the full warranty? It certainly puts me off buying anything complex like a graphics card, unless it was super cheap.
Well indeed I think relatively few vendors offer a transferable warranty, definitely do your homework before you buy expensive parts don’t assume you’re covered
 
Caporegime
Joined
13 May 2003
Posts
33,939
Location
Warwickshire
Surely, if you'd negotiated a price and had it accepted, it would have made more sense to ask you to phone up and pay?

Offer & Acceptance is the keystone of Contract Law - I'm really surprised they're not contacting whoever they allowed to purchase it to say "this isn't available, sorry", rather than fobbing you off with "You snooze, You lose".

That's really disappointing.
Offer, acceptance, and consideration.

Back to law school Saul.
 
Associate
Joined
9 Jun 2009
Posts
1,397
Location
Suffolk
I would be interested to hear if anyone who bought a B Grade graphics card actually got the manufacturer to honour the full warranty? It certainly puts me off buying anything complex like a graphics card, unless it was super cheap.

I bought a 2070 super from OC the AORUS brand and registered the warranty before checking the card worked, as the previous owner didn’t register I got 5 years on it, but unfortunately the card wouldn’t display signal after the drivers were installed so I had to send it back to OC. But I believe the 5 years would have been valid with Gigabyte.

luck of the draw though with the manufacturer and the previous owner as to whether you get one.
 
Soldato
OP
Joined
21 Dec 2019
Posts
6,440
Location
Planet Thanet
Have in the past had the serial number accepted for warranty
As the person gave me the item had sadly died
Serial number proved it had only been made 3 years and had 5 year warranty
Though mileage will vary depending which company you deal with
 
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