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Guest MacMuffin

Outage on 13th April

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Vinyl Lady Decals

Thanks, much better

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ATA STAMP CENTRE

What recourse do sellers have?

 

What recourse would sellers have with the problem of the outage that occured last night friday 13th-Many items that closed at 20h00 only attained a 3rd of the prices they normally would.These are items that started at R1 auction and the bidders always wait until the last moment before bidding and they could not place their bids last night resulting in selling prices way below what these items should have realised.

Will we be able to file snc on these items if you are not happy with the price?would this be frowned upon by bob or would they support the seller if the buyer insists on having the item?

What do other sellers think would be a fair solution to this.In my case it is not a lot of money but more a principle as i am sure there are sellers out there that may have severe losses.

NEIL

Edited by ATA STAMP CENTRE

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Vinyl Lady Decals

Mmm, interesting question, I would love to see what BoB says about this.

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voldermort

I really don't think there is much you can do - if somebody bid & won you are obliged to send them that item even if it only reached R1.00. I doubt BoB would be happy with any of us filing a snc and reason given is because we are not happy with the price realised. I understand that probably a lot of sellers lost out due to the outage but I would imagine that BoB would say that is a chance we take & possibly nobody else would have upped the price in any case - no way you can say they would, no way they can say they wouldn't.

If the buyer pays you really have no option but to send the item.

All just my own opinion, as always.

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Virgotec

Unfortunately, according to BOB's Terms and Conditions, Paragraphs 19 and 20, we don't have a leg to stand on.

 

Terms And Conditions of This Site

 

And since we all agree to these T&C's when we register, but do not read them, whoever lost out because of this glitch is probably just going to have to live with it.

 

Reality Sucks, I know!

Edited by Virgotec

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admin

Hi All,

 

Please do not shoot the messenger :worried: but :

 

19 Relying Upon bidorbuy's Services

 

19.1 Whether you are using the Services for private or commercial purposes, or both, the quality and continuity of our Services depends on many factors over which we have no control and cannot seek to control. While we will always endeavour to maintain ongoing access, disruptions and failures of this Site, any or all computer systems, network resources and the Services, are probable in such an operating environment. Recognising this, you agree that:

 

19.1.1 we cannot and do not guarantee, warrant or otherwise imply that:

 

19.1.1.1 you will receive constant and uninterrupted access to this Site or the Services; or

 

19.1.1.2 you will receive unlimited access to all of the content available on the Site at any given time;

 

19.1.2 we cannot always ensure that this Site, its computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.

 

20 Disclaimer and Limitation of Liability

 

20.1 Notwithstanding, and in addition to any other provision in this Agreement, you agree that we will not be liable to you or any other person for any loss, damage, expense, or other amounts incurred, savings foregone, or hardship suffered, by any person however arising (including where the cause cannot be determined), or whether it arose directly or indirectly from any authorised or unauthorised use of, access to, reliance on, or any inability to use or access this Site, the Services, or as a consequence of such use, access, reliance, or inability to access, including, but not limited to any loss relating to one or more, or a combination, of the following:

 

20.1.1 a failure, or error in the operation, of all or any part of this Site, our computer systems, network resources, the Services, or any other computer systems or network resources to which they may be connected or upon which they may rely, or the taking offline of any of those computer systems or network resources for any reason;

 

20.1.2 any circumstances which produce or have the consequence of producing a degradation, fall-off, or complete severance of access to this Site or network resources or any other computer systems or network resources to which they may be connected by any person;

 

20.1.3 in relation to an auction on this Site, that bids were not processed or accepted due to technical difficulties or for any reason whatsoever;

 

20.1.4 whether we or another person could have foreseen such a loss or type of loss, or were negligent or reckless, whether or not the loss was suffered in connection with a business or commercial enterprise, including, but not limited to, any economic or consequential loss or damage, any and all damage to, or loss of, any equipment, property, data, or other information possessed by you or any other person, any loss of profits, and any losses relating to contracts, business, revenue, goodwill, or any anticipated savings;

 

20.1.5 any personal losses or hardship, stress and anxiety, nervous shock, or other personal suffering or condition;

 

20.1.6 any errors or omissions in any documentation or other literature provided by us, any errors or omissions in any data, on this Site, or any breach of contract or negligence on the part of us, our employees, agents or authorised representatives;

 

20.1.7 any reliance on, the information and material contained on this Site about any goods and services or any other information or material whatsoever, or any information and material contained on, and the privacy of, web sites linked to this Site;

 

20.1.8 any one or more of the circumstances described in Clauses 1.1, 7.2, 13.3, 13.4, 17.2, 18.1 or 19.1;

 

20.1.9 any feedback, comments or rating scores made by you, or about you, pursuant to the Rating Systems Rules;

 

20.1.10 any action taken by us under this Agreement, including, but not limited to, action taken under Clauses 12.1 to 12.4 (inclusive); or

 

20.1.11 any conduct, act or omission, whether negligent, reckless, or otherwise, whether within any actual, ostensible, or apparent authority or not, at all on the part of our employees, agents, or authorised representatives.

 

20.1.12 any decision to hold an inquiry or not hold an inquiry into an alleged breach on the part of one of the users.

 

20.2 To the extent permitted by law, all terms, conditions and warranties or representations, or representation whether express, implied, statutory, common law or otherwise relating to the Services or anything in these terms and conditions, are excluded unless expressly included in this Agreement.

 

20.3 If any legislation or law implies in this Agreement any term or warranty and also prohibits provisions in a contract excluding the application of or exercise of that term or warranty then, to the maximum extent permitted by law, our liability for a breach of such a term or warranty will be limited, at our option to any one or more of the following:

 

20.3.1 if the breach relates to goods:

 

20.3.1.1 the replacement of the goods or the supply of equivalent goods;

 

20.3.1.2 the repair of such goods;

 

20.3.1.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or

 

20.3.1.4 the payment of the cost of replacing the goods repaired; and

 

20.3.2 if the breach relates to services:

 

20.3.2.1 the supplying of the services again; or

 

20.3.2.2 the payment of the cost of having the services supplied again.

 

20.4 Notwithstanding anything else in this Agreement if an Indemnified Party is liable to you, whether in respect of negligence or other delict, breach of contract or warranty, breach of statute or statutory duty, equity or otherwise directly or indirectly in relation to the performance of or any delay or failure in the performance of its obligations under this Agreement, the maximum aggregate liability of an Indemnified Party, in respect of all claims made by you for every 12 month period commencing on the execution of this Agreement or the anniversary thereof shall be R100.

However, I think we should give bidorbuy Management some time to review this incident on Monday as they do not like to just throw the rules at users, I do that to help/keep users on the straight and narrow :worried: Please keep the posts in this thread civil, I can not afford popcorn moments this weekend :sad2: I am sure they will give satisfactory feedback this coming week, as they usually do.

 

Thanking you.

 

Thank you Virgotec, now I will not be shot alone...

Edited by admin
Thanking Virgotec

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RAG Auctioneers

It took Internet Solutions 24 hours to isolate the problem. Just saying.

 

We wrote all our listings on a piece of paper today.....

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svw

Personally I feel that there is no point in complaining about lost sales etc. Unfortunately for some if there were R1 auctions that closed without reaching the full "hoped for" amount why on earth list it on a R1 auction anyway if you are not prepared to take a loss and sell it for R1 in the first instance.

 

I feel for the team at bidorbuy who were working under major pressure right through the night and most of today to get things up and running. Anyone who has been in a similar situation will understand what they were going through - there is nothing worse than having customers bleating at you whilst you are doing your best to resolve a problem. It's a fact of life sometimes S%@* HAPPENS and we can either just attempt to tiptoe over it falling in face down or pull our waders on get stuck in and shovel our way through.

 

Well done! and thanks to the bidorbuy team who were working round the clock you most certainly were wearing heavy duty waders - you won't be forgetting Friday the 13th in a hurry!!!!!!

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Guest MacMuffin
Personally I feel that there is no point in complaining about lost sales etc. Unfortunately for some if there were R1 auctions that closed without reaching the full "hoped for" amount why on earth list it on a R1 auction anyway if you are not prepared to take a loss and sell it for R1 in the first instance.

 

I feel for the team at bidorbuy who were working under major pressure right through the night and most of today to get things up and running. Anyone who has been in a similar situation will understand what they were going through - there is nothing worse than having customers bleating at you whilst you are doing your best to resolve a problem. It's a fact of life sometimes S%@* HAPPENS and we can either just attempt to tiptoe over it falling in face down or pull our waders on get stuck in and shovel our way through.

 

Well done! and thanks to the bidorbuy team who were working round the clock you most certainly were wearing heavy duty waders - you won't be forgetting Friday the 13th in a hurry!!!!!!

 

Thanks for the comments - you hit the nail on the head - we had been (and still are) extremely frustrated by this incident. Although we isolated the problem to be an Internet Solution issue already on Friday at around 7:30pm, it still took them over 21 hours to figure that it is actually their problem. We worked pretty much through day and night, but it was a worthless exercise since we knew the problem was not on our side. We will assess damages over the weekend (it's not just loss of revenue, but also advertising we spent which did not go anywhere and repetitional damage) and then discuss this with Internet Solutions. We are still kept in the dark why it took almost a day to fix, despite it being a core-switch (critical network component) failure.

 

We will provide a detailed update during the course of Monday/Tuesday once we have clarity regarding this issue. Once again, sorry for the frustration caused, it is simply not acceptable to offer this level of service.

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Jacques Kuun

Hello all

 

I was not affected by all of the above, so I know that it is easy for me to talk.

 

However, I think that it is fantastic to receive such transparency from a major company.

 

Keep well and regards

 

Jacques

Edited by dstorm
spelling

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ATA STAMP CENTRE

Hope i am not getting paranoid.

I experienced similar issues this morning from about 8.10 to 8.45

Was there a problem again?

neil

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Guest MacMuffin

Hi Neil,

 

the problems have been resolved by Internet Solutions on Saturday at 4pm - we have not seen a degradation of service since then.

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ATA STAMP CENTRE

Thanks-seems ok now-must have been MTN-

Regards

NEil

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