Goldsilver.be refuse to send my order?

[ravenshunter]

4 minutes ago, Silverhunter said:

 

 

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For some reason these are too blurred to read 

Tap on the picture and enlarge by pinching screen outwardly.it becomes clearer.

[engire]

6 minutes ago, Silverhunter said:

 

 

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For some reason these are too blurred to read 

I quoted these texts earlier if you want to read them

[Bullionaire]

Even though you don't have a right to have the order cancelled, they chose to cancel it. That was their perogative. They can't now go back and decide they want money for it. They should have just told you no in the first place.

[blackadder]

How much do they want for this cancelled order? before they release your new order.

[Kleiner]

Just now, blackadder said:

How much do they want for this cancelled order? before they release your new order.

Nothing, they just cancelled it.

Now they want 390,00 €.

[Silverhunter]

1 minute ago, Bullionaire said:

Even though you don't have a right to have the order cancelled, they chose to cancel it. That was their perogative. They can't now go back and decide they want money for it. They should have just told you no in the first place.

This is true and as purchases are not made on a debter basis each order is individual and on its own merit. I wonder who the mole is. As in previous complaints regarding their company they have pointed out the they have seen on this forum unless they are viewing as a guest

[Tingles]

Just now, Kleiner said:

Nothing, they just cancelled it.

Now they want 390,00 €.

They've lost far more from their actions, than this spurious charge.

[blackadder]

Just now, Kleiner said:

Nothing, they just cancelled it.

Now they want 390,00 €.

I see they cancelled it for you etc,But i was thinking if they wanted a smaller amount to cover their costs or whatever.to pay it,get your new order and be done with it all.

But 390 not so much 😋

[Kleiner]

Hello guys,

I am not sharing all these pictures with you because of some ridiculous reason. 
Rather I wanna show you how bad this company (GoldSilver.be) treat their customers.

This is really sad, I wish it never happened, because I had some good experience with them from the beginning.
This company is nothing but Russian roulette. I don't even need to convince you.

Have a nice weekend all of you. I am gonna keep you updated, if you want.
Klainer

[AppleZippoandMetronome]

I gotta say...   when I first started looking at buying more silver I was very interested in goldsilver.be but got put off by some of the other stories I heard from them. Then I was reassured by a bunch of positive experiences from people but now having seen this...  I think I'll be stay well clear.

[Silverhunter]

@Kleiner if I was you I would be going to a lawyer on Monday with all the corispondence he has already said he has past it on to his legal team and then continued to issue threats with offensive language. The gut feeling on this would be he is trying to scare and pressure you with him now issuing a time scale with payment even though he has accepted the order under his own t & c,s so his has bound himself

[Kleiner]

2 minutes ago, Silverhunter said:

@Kleiner if I was you I was be going to a lawyer on Monday with all the corispondence he has already said he has past it on to his legal team and then continued to issue threats with offensive language. The gut feeling on this would be he is trying to scare and pressure you with him now issuing a time scale with payment even though he has accepted the order under his own t & c,s so his has bound himself

Thank you for your advice. That is actually exactly what I am going to do if my order is not shipped until Monday. I even don't want their silver. Actually I want my money back because all this. But that's not possible right?

[Silverhunter]

I would say not has he has already shipped part of it

[sixgun]

@Kleiner

The law of contract states that to accept an offer you must accept it completely. Once accepted completely there is a contract. If you do not accept the offer completely you reject it. If you want to alter the offer once made and accepted you are requesting cancellation of the contract in which case the other party is entitled to damages which may be set out in the terms of the contract.

So you go to the goldsilver.be website. There are the terms and conditions of sale. These show that the customer is not entitled to cancel a contract - (they can and do cancel contracts but it is not an entitlement and so they must pay damages if they do).

The site is selling gold and silver products which vary in price according to the metals markets which are out of control of the vendor. This therefore leads to there being no right to cancellation.

You made an offer to buy ABCD coins - this offer was accepted by goldsilver.be. Contract made.

Then you contact goldsilver.be to say you did not want to buy ABCD you now want to buy XYZ.

Now if goldsilver.be has your money they could just ship the order for ABCD. End of story.

You want to change the order - you want to make another offer - you want to cancel your first offer. If you want to change the order this is cancellation of the first order. If you change any part of an order, legally it is cancellation of the whole order and you are starting from scratch.

You cancelled the order - not goldsilver.be. Goldsilver would have shipped the order you originally made - it was you who asked to change the order, it was you who cancelled it.

You are now in breach of contract. Goldsilver.be is entitled to damages. I do not see how those damages are calculated. Is 390€ fair compensation for damages suffered?

They have your money and your coins. They are legally entitled to keep coins to the value of the damages unless you settle with cash. The only issue i have is how are these damages calculated.

[HelpingHands]

 I think a lawyer might end up costing more than the cancellation fee.

They could hold on to your order and your money for a long time whilst waiting for an outcome.

I would try and receive as much of the order as possible before going the legal route.

If you pay the fee and receive your order you could look into claiming that back later.

But, I suppose there is a chance they keep the fee and still dont send.  If they did that, I'd be on the plane.

[BackyardBullion]

20 hours ago, Madstacks said:

isnt this where the big group orders come from?

We have used them for group orders in the past, I have never experienced issues with GS.be but I am aware others have, part of the reason we opened it up to the European Mint.

I think @sixgun's response here is the most clear cut. Bottom line, you placed an order, then did not have the funds to buy it so asked to change the order - lesson here is to have funds ready to go when the order is placed.

As far as the tone of the replies from GS.be, I do not think this is an appropriate way to communicate with customers at all. It will be very interesting to see how many people vote with their feet when the dual group order opens in a few weeks.

[mondy41]

Well said @sixgun -

 

My two pence worth ‘Buyers Remorse’ is not a valid reason to breach a contract which every seller states when you commit to purchase precious metals.

 

[Silverhunter]

@sixgun you are dead right they have the right to some sort of compensation to which they need to raise an invoice for as the account they offer e.g registration account is not a credit or debit account. Once they accepted payment for the new p/o they entered into a brand new agreement that both parties are bound by as if he was a new customer. What they should of done was not accept a new order until those fees were paid and if customer refused  to pay the chase in a legal manner. It is the way they have recouped those unstated costs where the problem is. I am in total agreement with you that the o /p has fundamentally caused this problem by committing to buy goods he did not have funds to do or changed his mind about. But trading standards do not permit their path of actions.

[sixgun]

15 minutes ago, HelpingHands said:

 I think a lawyer might end up costing more than the cancellation fee.

They could hold on to your order and your money for a long time whilst waiting for an outcome.

I would try and receive as much of the order as possible before going the legal route.

If you pay the fee and receive your order you could look into claiming that back later.

But, I suppose there is a chance they keep the fee and still dont send.  If they did that, I'd be on the plane.

If this ever went to court the court would need to decide who cancelled the order.

Kleiner cancelled the order - he asked for an alteration in the order and that amounts to cancellation.

So if Kleiner went to court claiming he did not cancel the order he would lose. i don't know how it works in Belgium but in England the loser pays the costs.

If the case were about the amount of damages then there is a possibility for victory.

If 390€ is excessive - Kleiner could make an offer of say 250€ - if the court decided the damages amounted to 250€ or less then under English law goldsilver.be would pay the costs. If they had accepted the offer of 250€ in the first place there would have been no need for the court case and so any costs resulting.

It depends on the price movement in the coins - if the value of the order actually fell by 390€ then goldsilver.be is entitled to that much.

[watchesandwhisky]

41 minutes ago, BackyardBullion said:

It will be very interesting to see how many people vote with their feet when the dual group order opens in a few weeks.

Yeah I was considering ordering some but that has right put me off. I understand you cant cancel PM orders due to fluctuations in metal prices but the way they seem to operate seems shady to say the least.

[Kleiner]

18 minutes ago, sixgun said:

Kleiner cancelled the order - he asked for an alteration in the order and that amounts to cancellation.

Sorry, but I did not cancel the order. As you have written, I asked for alteration in the order. They replayed directly by saying: We have cancelled your order. But please keep in mind that a cancellation generates costs and thus damage for GOLDSILVER.BE.

I mean, they could have said:
No, you must pay for the order now.
or
Okej, we can not do any alteration in the order. But we can cancel it for a fee.

[mondy41]

@Kleiner - as mentioned you asked for alteration in the order - why do you think they should accommodate you or anyone else - how much administration would it require to accommodate every ones desire within a business. 

This is why there is a contract which you agreed to then backed out off and now have you have a problem with the company due to a breach of contract you instigated.

 

[sixgun]

13 minutes ago, Kleiner said:

I asked for alteration in the order.

Legally once the order has been accepted communicating a wish to alter the order is cancellation of the order.

They could have done various things but what they did was acknowledge you were pulling out of the contract. This is what you did when you wanted to alter the order. The consumer has many rights and can change his mind within a cooling off period. In the case of gold and silver there is no cooling off period. You push the button - make an offer - if the offer gets accepted the deal is done. You communicated to them you wanted to change the order - this in legal language means you are cancelling the order. They told you there is a cost to you for this - there are damages.

They could have responded in many ways but it does not alter the fact you cancelled the order.

It may seem harsh but that is the way the law works. Goldsilver.be will have faced this many times - they will know the law very well. They may have very poor customer relations but they will know the law well.

They will have been waiting for you to make another order and pay the money - you should never have gone back to them or gone to them using another name.

[Kleiner]

11 minutes ago, sixgun said:

It may seem harsh but that is the way the law works. Goldsilver.be will have faced this many times - they will know the law very well. They may have very poor customer relations but they will know the law well.

The question is, can they refuse to ship the rest of what I have payed for (all of it) according to the law?
And
Do they have legal support to take some coins as compensation from the new order?

I found another topic that a guy cancelled his order and paid 12 euros in fee.
https://thesilverforum.com/topic/10315-goldsilverbe-charge/

Thank you all

 

[silverdocket]

 Quick question how did you pay for the stuff?

 PayPal/credit card 

  Perhaps  you can get the payment blocked pending an investigation.

 

 In the matter of interest what was the time between placing the order and asking about the adjustment/ cancellation