zer0hour's personal details removed for the time being. will put it back only when necessary.

*details are not lost, don't worry*

This post has been edited by goldfries: Jul 4 2009, 01:54 PM

Great Goldfries, I wasn't too sure zerohour's contact shld be displayed too, but i was surprised zerohour din asked to have it taken down, anyway, seems like both parties are victims.
best of luck...

I did request for the info to be removed, and at first owikh agreed. However then he delayed removing the info and now does not reply my messages.

any update regarding this issue?

I'm still getting nothing...

I think the consumer tribunal will help in this matter.

For seller, the Terms and condition impose by the seller if not commensurate with the appropriate law, it cannot be stand....in this case, we use contract law, The Malaysian Contract Act. The buyer pay seller the money is what we call a consideration which make the contract valid. The prove of postage the goods is not the settlement of the contract. If the buyer does not received the goods, the seller is breach of contract and full amount should be refund. The law is in awikh side. The seller cannot simply create their T&C and state as rule, no such thing if it contravene with any law enforced....

Awikh can file a claim in consumer tribunal which cost very little only against zerohour, sure get refund....

Same thing zerohour can file a claim too against GDex because he got a document as prove. If the GDex insist you just call to buy the box only, then ask them to show a call recorder as a prove....

Do business in a proper manner, create your rule mean nothing if you facing the real rule, the real rule is a law....

Yeah, an individual T&C cannot supersede Malaysian Contract Act.
This case can be easier if zer0hour refund me while he settle with police and against the courier.
It is about the responsibility of the zer0hour as a seller. He just think that the courier slip & police report are the tickets for him to get away from refunding me, and he's wrong. Those proofs are nothing for me as the tracking code is invalid until now.
When a buyer didn't receive parcel and seller provided an invalid code and courier claimed there was no pickup, buyer considers this as a con case. And zer0hour is not less than a conman.
By the way, a Consumer Tribunal has been lodged against zer0hour, together with Cyber Crime Investigation Agency, and FOMCA.

Noted your views.

My views are the buyer agreed to the terms by his act of purchase, and is bound by them as part of the contract. My responsibility ends with successful conveyance of the item to the courier.

In any case, I am no legal expert, and since owikh has decided to proceed to tribunal, they will decide.

Thanks for your info about filing against Gdex, I will indeed do so.

Are you a legal expert? Can you please quote some relevant laws and law cases related to it? Or quote an example on why this may not be a binding contract? Only Conract Act applies? Sales Of Goods Acts does not apply? When you say prove of postage is not the settlement of contract, which specific paragraph of the Act are you referring to? Is there a case law? I'm no legal expert but Res Ipsa Loquitor does not apply? And why it doesn't apply in this case?

If you need that detail, I suggest you to a major book store, find some M'sia commercial law book, and read!!

All Act, sub paragragh, cases and fact you may find it without any problem, or you may consult your lawyer to do so.

Excuse me... I am no legal expert but I happened to have studied both law before... Contract Act and Sales Of Goods Act... I happened to have both ACT in my possession... So which paragraph are you referring to? Which case law are you referring to? Or which commercial law book are you referring to? Do you even know what is Res Ipsa Loquitor?

I agree with zerohour in this case. As he have specified his T&C clearly and TS proceed with the transaction, the TS has by any term agreed with the seller T&C. That act of the TS says to me that he understood the T&C and will abide by them.

One question, if you know his individual T&C does not comply to Malaysian Contract Act, why do you proceed with the transaction ?

You proceed with the transaction because you AGREE with his personal T&C and willing to take the risk, right ?

i think he understand about this.
the problem is....the tracking number is invalid, only those checked and verified number will become valid.

You know, when the tracking code is invalid & GDex denied that they do pickup at zer0hour's house.
What if I sold u one stuff and given u a fake tracking code which is not traceable. Would u accept it?
And I'm here to request zer0hour to refund me 1st while he's waiting for police to investigate.

Yes, so clever gal.

sorry to hear the courier and police had less efficiency dealing with this case.Which dragged quite long already.

Welll just speaking out the truth honestly.

My last deal with zer0hour..I still can trace the item...not so detail tats it.But alas it arrived safely.
But at 1st he use poslaju to send my item.Faced the same problem also : Tracking Invalid.
Failed due to item not sent at Pos Office according to him.

What surprise me is the tracking is the same as his last deal with sakurakinomoto.
sakurakinomoto's item also having shipping problem and at last changed to COD method during the deal.
It happened when I pm'ed sakura and he gave me the tracking and surprisingly its the same as my current one.
So this tracking's existance was in question.
And I dunno if poslaju have a "recycle tracking" policy or not.Do they?

Well tats my side of story as his last buyer.I leave the question to u all.

Just wanted to know the truth tats all.

This post has been edited by Terence573: Jul 20 2009, 08:46 PM

The details escape me now, it's been some time. My apologies though for any inconvenience to you Terence.
However the deal was completed right? You received the item? I did everything in my power to ensure the item arrived and to your satisfaction?

Noted above owikh's agreement to my T&C.

Now, coming to the matter of the number being invalid.

I sent the item. I have documentary proof, and will contest it in any court/tribunal etc.
I'm sorry if any of you are unconvinced, I have no more proof to offer you. But I know what I did, I sent the item, and I will therefore contest against any and all accusations.

I found another lost parcel case by zer0hour
LINK
I was wondering what had happened in the end...

I've also followed the case...but didnt know it was still a "never ending story".
Maybe the TS could share?

That victim skipped my PM.