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PSP WARNING: www.elctricbirdland.co.uk

Discussion in 'Playstation Forums' started by 7MAT, May 7, 2005.

  1. 7MAT

    7MAT
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    I responded to the FREE PSP game offered by electricbirdland on the Eurogamer web forum for customers who had been waiting for more than 7 days for delivery of there PSPs (mine took 14 days) and requested APE ESCAPE as this item was in stock at the time.

    My on-line order status was updated showing that ‘APE ESCAPE’ had been despatched.

    A week later a jiffy bag turned up from electricbirdland with a different game and no paperwork.

    Presuming a picking error I tried phoning them – but as always you get put in a cue and after a few minutes you get cut off. This happened a few times so I emailed Dan the owner of the picking error. A week later and no reply!

    So I send the game back to Dan (the owner) unopened in resalable condition at my own cost with a small note explaining the problem and also included a copy of my on-line order status clearly listing ‘APE ESCAPE’.

    Another week goes by and I try and ring them again, but the same thing happens I get put in a cue and then get cut off. So I logged onto there website and find that my order status had been updated with the following message;

    Supplemented product returned unwanted. Please note we have cancelled this order and will not be processing a replacement. Please contact us if you require further information

    I then try and phone them again - no joy.

    I then email them again – almost another week goes by and you guessed it no reply!

    Now I’m totally frustrated and send Dan another email asking him if he is going back on his word to supply a free game to all those who were left waiting more than 7 days for there PSP. In my email I explain that to him that in the interest of fairness I was giving him one last chance to reply to me before I post my complaint on the internet.

    This time I do get a reply almost instantly from Dan himself, remember this is the first time that I have ever had an email replied to from electricbirdland.

    In his email he couldn’t have been ruder. The email goes on to say that the game was a gift. That I had sent it back and therefore that was the end of it. His email even warns me of legal action against me from his solicitors if I post details of my complaint and his email reply on the internet.

    Well IMHO this just goes to prove that Dan and electricbirdland couldn’t really give a toss about his customers and really does not deserve to be in business.

    I for one will never deal with them again! You have been warned!

    7MAT
     
  2. tpr007

    tpr007
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    Seems a bit silly to have sent the "free" game back before an acknowledgment that they were going to accept it :thumbsdow
     
  3. jenic

    jenic
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    I agree the company was wrong but you should not of sent the game back. Also even if the game wasnt what you wanted, you should be grateful you are getting a game at all. You could of sold the game to buy ape ascape, i am sure that members on here would have bought it off you.
     
  4. GrahamC

    GrahamC
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    This point of view is what makes this country the soft touch it is, perhaps a doffing of caps and appologising on bended knee as well. 'you should greatful'... my aunt Sally, what for expecting the company to keep it's word. He has lost another potential customer as well.
     
  5. michaelm

    michaelm
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    WHy would he be prepared to take legal action if you published his email? The only thing I can think of is that it's scare tactics, and he is afraid you would harm his trading reputation if you did. If I were you, I'd send him a reply threatening to make the contents of the email public if he DOESN'T supply the game. Also, threaten to send this to every PSP mag and related website in the country, including this one. The game may have been a sweetener for the delay but in doing this he entered into a legal contract and as a UK consumer you have the same rights as a buying customer. Threaten him with Trading Standards as well.
     
  6. Ryderage

    Ryderage
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    Publish his email, from a legal stand point he doesn't have a foot to stand on. It's a pure scare tactic. You've not signed any confidentiality agreement, if your allegations were fictitious then you could be liable but that's not the case here. He's got no chance even if he claims otherwise, his solicitor will laugh in his face.

    BBC's watchdog? .. they don't exactly have permission to shame all the companies.

    I hope you pay via CREDIT card? .. if you did you're in luck.. contact your card issuer and tell them about your "incomplete order" they'll hold the money, and deal with him for you.

    As for the two who've posted here... really, if you've got nothing productive to say don't bother saying anything. You don't kick a man when he's down.

    GL, Hope it helps, keep us posted.

    Rikki
     
  7. jenic

    jenic
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    Sorry but it was my opinion. I agree it is totally wrong but he shouldn't really have sent it back. When i said be grateful it was my opinion, as i would be grateful to get a free anything from any of the companies that have messed me around. Now he has sent it back i think he should fight for his game and the best thing he can do is trading standard IMO.

    PS: Jim bowen kick's a man when he's down :rotfl:
     
  8. gavan

    gavan
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    If the 'free game' wasn't part of the order then there's nothing the credit card company can, or will, do.

    It seems that it was offered as a freebie to compensate people who might have suffered waiting time for their order and as such the company are not in any way obliged to send exactly the game that the original poster wanted.

    Certainly the company shouldn't have been 'rude' in their email as the OP claims they were but as far as I can see they've done nothing wrong order-wise apart from being late sending the original order. In that case the OP should have cancelled his order if he found the wait time unacceptable.


    Gav
     
  9. Ryderage

    Ryderage
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    I disagree. It depends on the terms and conditions attached to the 'free game' offer.

    If it was written in the small print... if it was subject to availability, reserve to right to substitute for an equal or greater value etc. then electricbirdland might have the right to withdrawl the offer.

    Just because it was free doesn't mean that it wasn't apart of an order. Now in this case it was offered as compensation, and by offering this as a compensation payment electricbirdland have entered into a legally binding contract.

    It's all down to the small print,

    At the end of day give your CC company a call 7MAT, they'll usually tell you you have to wait the 28 days, the time they legally have to complete your order and then they'll act on your behalf for free, so what have you got to lose by trying.

    Rikki
     
  10. gavan

    gavan
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    It;s my understanding based on the facts that the OP has given, that this 'free game' thing was only offered after people grumbled about having to wait 14 days for their import PSPs. ie. It was a sort of consolation for existing customers. No money changed hands, it was a goodwill gesture.

    As you say yourself. 28 days is the legal time for delivery. These customers got their PSPs (a very highly in-demand item) in 14 days not 7 as they had hoped. If seven days was in the contract of sale, they should have cancelled their orders after that time if they weren't happy with the delay - *then* they would have a case if the goods were delivered and they were charged.

    I don't really see that the supplier HAD to give them anything, so the 'free game' is a *bonus*. There are no T&Cs because no money changed hands for it - it was purely a 'nice gesture'. I've used the credit card guarantees before when I had faulty goods and it was a very welcome safeguard, but this issue is pure trivia IMO.


    It's unfortunate if indeed the supplier did give a customer a rude email when he asked them why he didn't get exactly the freebie he asked for, but in no way is it some sort of legal dilemma. I would ask the OP to post the email that he got back from the supplier and fill in the blanks if he really thinks he has a case. Then the supplier should be given a chance to respond. Otherwise it just looks like someone throwing a tantrum. Maybe both parties are guilty of this.


    Gav
     

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