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> [SOLVED] zer0hour, REFUNDED 16/11/09

kingashin
post Jul 11 2009, 02:09 PM

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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....
kingashin
post Jul 13 2009, 10:51 AM

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QUOTE(ndgoh @ Jul 13 2009, 08:05 AM)
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?
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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.

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