![[Pre Order] Colorful iGame RTX 3070 Ti Ultra OC White 8GB GPU $1339 + Delivery @ Evatech](https://files.ozbargain.com.au/n/48/646048.jpg?h=2cb10efb)
Believe this is the cheapest RTX 3070 ti, PRE-ORDER ETA 06/09/2021
[Pre Order] Colorful iGame RTX 3070 Ti Ultra OC White 8GB GPU $1339 + Delivery @ Evatech
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Solar 123 on 21/08/2021 - 16:03 evatech.com.au (4100 clicks)
Last edited 21/08/2021 - 16:13 by 1 other user
Last edited 21/08/2021 - 16:13 by 1 other user
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I was just trying to type that. Their policy is quite annoying.
I'm pretty sure thats not legal, is it? With the exception of built-to-order things, iirc you have the right to cancel until you take delivery.
You do, they are just telling you that they will make you work for it
dodgy AF
woudn't buy something from a retailer who stipulates stuff that's against the law
paging Kogan et al
Looks pretty good, both price and aesthetics. Bought the Zotac one yesterday for 1350. They are both high end versions of 3070 ti it seems.
What was the Zotac One? Would appreciate if you could link the post please :)
3070 ti amp holo. Supposed to arrive next Wednesday. Sold by ple. Had free shipping too. Someone shared the link.
I had a standard 3070 of this model
Pretty darn good card
Ran at 1950mhz at around 62-65 degrees
Colorful, but is it RBG?
Nah, she died last year.
This is a waaaay better deal than the Zotac 3070 from a few days ago, but I don't think the 3070 Ti itself is worth this much
There's exactly 0 GPUs worth what what are being sold for at the moment… Lol
It was all good until you see the backplate….smh…god oh why is there orange….
Yeah same, those orange stripes stopped me from purchasing
Why though? You probably spend a grand total of 10 minutes looking inside your case.
Does it matter that much?
They're probably RGB zoomers
Some folk just dont appreciate japanese mecha aesthetics.
Its 1:1 an Eva or perhaps gundam, inspired design.
Oh I sorry I didn't know that Japanese mecha aesthetics appreciation is mandatory
How many coins can this mine?
0 bitcoins
Should be 2$ cheaper…. 1337
haha good
Prices are getting a bit more reasonable but geez thats an ugly looking card
Luckily its only the plastic shroud and back plate.
I personally like it; but nothing plastidip wont fix, and still be removable in case of warranty.
Do you look upside down at it in your case most of the time ?
looks pretty unappealing from every angle imo
not that it really matters anyway as its just cosmetic, but still.
I really like it, its so japanese mech inspired.
Full white sterile room, suddenly orange warning with squared letters.
I can understand exactly why people wouldnt like it, but I grew up on Eva, Gundam, and VirtualOn; so it's tickling me just right.
@MasterScythe: problem is that unless you styled your whole pc around the card then it just looks out of place
@BigKahunaBurger: Yeah, it would fit in with an all white aesthetic, but thats all.
Oh well, the days of lan parties are mostly gone, I havent seen a good case mod in years.
Aesthetics has gone the way of bolt-ons, which arent special to me personally anyway. But each their own :)
Ew it's white.
good for mining?
Besides the attempted driver/firmware limits; yep.
However with china banning most mining, used older cards on Ali are better value. Especially if you can fund dedicated mining cards built without outputs.
PLEASE NOTE : Due to the high demand and ongoing shortages, paid pre-order cancellations and refund requests will not be accepted unless the ETA date slips & unpaid pre-orders will be automatically cancelled after 48 hours. Please consider these facts carefully before placing your order. No exceptions will be made.
This sucks.
Why does that suck?
They clearly tell state PRE-ORDER ETA 06/09/2021 which is only a little over 2 weeks away (16 days)
If you aren't willing to wait 16 days then you shouldn't be pre-ordering something that is advertised with a 16 day pre-order ETA.
It sucks because they are refusing refunds under any circumstances, apart from if their own ETA slips. Apart from that being possibly illegal anyway, the part that makes it worse is they could say the goods have arrived as per their suggested ETA, and blame further delays on a bunch of other reasons, even though the card may not have arrived to them yet.
Basically you're held hostage to the policy they have defined and it's a shitty business practice.
Thank you. Finally found someone who knows what he's talking about.
Been down the same rabbithole with Roseman before.@Seraph2052: Rosman is completely different. They accept orders for products which they don't even know if they can source and they hide the '15% cancellation fee if 6 weeks hasn't passed since order date' in their terms and conditions instead of stating it on their product pages or during checkout.
Evatech clearly advertises their promise of PRE-ORDER ETA 06/09/2021 and if that ETA date slips you can request a refund.
It sucks because they are refusing refunds under any circumstances, apart from if their own ETA slips.
They clearly tell state PRE-ORDER ETA 06/09/2021 which is only a little over 2 weeks away (16 days)
If you can't wait a couple weeks then why would you pre-order something that clearly says will take a couple weeks?
Apart from that being possibly illegal anyway
It's not.
the part that makes it worse is they could say the goods have arrived as per their suggested ETA, and blame further delays on a bunch of other reasons, even though the card may not have arrived to them yet.
Now you're just reaching.
Basically you're held hostage to the policy they have defined
They clearly state their policy on the product page. If you order and agree to the policy, how can you blame them claiming they are holding you hostage when YOU made the decision to accept those terms?
If you agree to something and then end up regretting it you only have yourself to blame. They clearly advertised their promise and you agreed to it.
and it's a shitty business practice.
I think it's smart. Refunds are costly.
Honestly, any business being allowed to operate with illegal terms, sucks.
With the exception to made-to-order goods, consumers can cancel a contract (or refuse delivery) for any reason. They're trying to deny that.
All your accc links are for purchases. A pre-order does not fall under that.
Been through the courts for this before, when granite kitchen tops were no longer needed, but were ordered in an 'available' size. Tried to argue it was made to order.
Sorry, you cant take my money, if i dont have a product, its that simple. Even if I just refuse delivery, you still have my money, and i no product.
You can charge me a stocking or 'order in' fee, sure, but bull they're trying to call that 100%.
With the exception to made-to-order goods, consumers can cancel a contract (or refuse delivery) for any reason. They're trying to deny that.
For any reason?
https://www.accc.gov.au/consumers/contracts-agreements/enter…
Ending a contract
There are limited circumstances when consumers may end a contract without penalty and these can include:
if the business has misrepresented the goods, services, terms or conditions
if a cooling-off period applies.
A cooling-off period is a safeguard designed to give consumers the opportunity to change their minds about a purchase or agreement they have made. You have a right to a cooling-off period when you purchase goods or services through telemarketing or door-to-door sales.
@HomeAlone: Yep, for any reason.
There may be a penalty, but its not 100% product cost, like they're claiming. Ive followed this through the legal system. No way a 100% restocking fee would hold up. Not a chance.
@HomeAlone: They're claiming they wont refund me, if I dont want my preorder.
How would you prefer to word it?
It only becomes anything else if I accept delivery (ergo, fulfil the contract).
All your accc links are for purchases. A pre-order does not fall under that.
A pre-order that you paid for is not a purchase?
https://www.accc.gov.au/consumers/contracts-agreements/enter…
What is a contract?
A contract is an agreement made between two or more parties that is legally enforceable. Contracts can be written or verbal.
A contract arises when one party makes an offer and the other party communicates an intention to accept it.
You could be entering a contract by:
- signing a document
- selecting a product in a shop and paying for it at the check-out counter
- clicking on an ‘I agree’ button on a web page.
It is unlawful for businesses to force or coerce you into entering a contract.
@HomeAlone: Nope it's not; well, not how you're implying.
A purchase is when you obtain something, in exchange for something.
The purchase is completed when the terms of the sales contract are met.You could argue you're purchasing a service contract, which will fulfil a purchase upon delivery. But thats why you refuse delivery.
Do you usually rely on a lawyer? You seem mixed up on how you can fight this.
Pre-orders for products that already exist but are not in stock are treated as lay-bys in a court, because selling a product you dont have, falls under fraud.
I cant sell you a car, because I intend to have one eventually. I need to have the car, to legally sell it to you. Otherwise its just a contract of intent.
Which is why they're not selling the product, they're selling an intention to deliver.
If you bother to fight it, proving a loss on something theyve yet to fulfil is very difficult.
As i said, it wasnt on electronics goods, but ive been through this.
Honestly mate, it comes down to who can prove loss.
If I have no card (even if its because I refused it) AND no money, I can show more loss.
If they didnt counterclaim for "fees" and were trying to argue 100% product cost loss, but have the card, and my money? It wont hold up.
I don’t get why it sucks
Stops people ordering then canceling just because they found a cheaper deal
Neptune 3080 LHR is a very nice AIO water cooled card at $1999 for pre order
https://evatech.com.au/product/6522/colorful-igame-rtx-3080-…
Damn it … why oh why did I have to click on that link. Very nice card and reasonable price (given the circumstances)
🤔🤔🤔🤔🤔🤔🤔
Because it's your right to do so.
It's actually not. You only have the right to cancel/refund the order if the business has not delivered on their promise.
Their promise in this case is the advertised PRE-ORDER ETA 06/09/2021
You have no clue what you're talking about.
It seems you're one of those unofficial affiliates of Evatrch which makes himself a responsibility to reply to all the comments on this ad.
people have eyes and brains. No need to tell them they don't have a right when they do.You have no clue what you're talking about.
I'm happy to show you some facts.
It seems you're one of those unofficial affiliates of Evatrch which makes himself a responsibility to reply to all the comments on this ad.
Ad hominem?
No need to tell them they don't have a right when they do.
If you're so certain about that then why don't you go ahead and try proving it?
I'll do the same for my claim. Here you go.
https://www.accc.gov.au/consumers/consumer-rights-guarantees…
Retailers don’t have to give you a refund or exchange if you simply change your mind.
https://www.accc.gov.au/business/treating-customers-fairly/c…
Consumer obligations
Consumers’ rights are not limitless and the consumer guarantees do not require you to provide a remedy unless one of the guarantees has not been met.
For example, you may not be required to provide a remedy if a consumer:
simply changes their mind, decides they do not like the purchase or has no use for it
discovers they can buy the goods or services more cheaply elsewhere
@Seraph2052: Yup.
You can NOT legally sell a product you dont have. All the eastern states have that fall under "fraud".
You can, however, sell a contract to deliver, but not the product itself.
If i reverse the charge on my card, proving my 'contract' cost you (the seller) a single dime becomes a very difficult case to fight.
It only becomes difficult for the purchaser if you're silly enough to accept the delivery you dont want; because that would fulfil the delivery contract.
Its just so much easier for businesses to accept a cancellation, than to pay shipping, have it returned, then refund it anyway.
You can NOT legally sell a product you dont have. All the eastern states have that fall under "fraud".
If that were true then dropshipping wouldn't be legal in Australia.
I can't find anything that states they must have the product on hand. As long as they indend to supply the product in the timeframe indicated I believe they are well within their rights.
https://www.accc.gov.au/consumers/sales-delivery/non-deliver…
When a business accepts your payment for products or services they must supply them to you within the timeframe they have indicated or if no time was specified, within a reasonable time.
…
Under the Australian Consumer Law, businesses must not accept payment for products or services if:
- they do not intend to supply them
- they intend to supply materially different products or services
- they know, or should have known, they would not be able to supply the products or services within the timeframe indicated or if no timeframe was provided, within a reasonable time.
This part of the law is not intended to cover businesses who genuinely try to meet supply agreements, for example, if:
the failure to supply was due to something beyond their control, including the act or omission by another person
they exercised due diligence and took reasonable precautions.
…
If i reverse the charge on my card, proving my 'contract' cost you (the seller) a single dime becomes a very difficult case to fight.
It only becomes difficult for the purchaser if you're silly enough to accept the delivery you dont want; because that would fulfil the delivery contract.
Shipping costs money. If you refuse delivery could the seller not use that to show that they have incurred a loss making it a very difficult case for you to fight?
What about transaction fees. PayPal for example doesn't refund the seller the fees. That a $35 loss on this product if someone paid with PayPal and then wants a refund after changing their mind.
Consumer laws are designed to be fair for all parties involved. It's not "customer is always right" like many like to believe.
@HomeAlone: Dropshipping is heavily monitored in Australia; exceptions were made to account for our lower population and product demand.
https://legalvision.com.au/is-dropshipping-legal-in-australi…
It's also it's own very specific business model, and nothing on that site suggests it's a dropshipping company, so that would fall short also.Shipping costs money. If you refuse delivery could the seller not use that to show that they have incurred a loss making it a very difficult case for you to fight?
Yes, but only if you didn't tell them you didn't want it anymore.
I can't just send you goods you no longer want, then demand money when you DONT agree to recieve them.PayPal for example doesn't refund the seller the fees.
Thats a slippery slope. The correct way to handle this, is the same way COLES does; you Authorize a payment, and the retailer 'takes' the payment when it ships, which is when they get charged the fee.
I think it would come down to a case-by-case basis.
Whether the buyer should be charged $35 to cover those fees, or if the courts would see the businesses decision to not use the correct pre-purchase tools, as taking their own risk.@MasterScythe: I'm not saying Evatech is a dropshipper. I just used that as an example to make the point that "You can NOT legally sell a product you dont have." can't possibly be true when there are so many dropshippers in Australia whose entire business model is based on selling products they don't have.
From that legalvision link you provided, Ozdirect was accepting payment for goods they knew they wouldn't be able to deliver in a reasonable time.
I think 16 day timeframe from Evatech was quite reasonable, especially since they were very clear and upfront about it.
[PRE-ORDER ETA 06/09/2021]
PLEASE NOTE : Due to the high demand and ongoing shortages, paid pre-order cancellations and refund requests will not be accepted unless the ETA date slips & unpaid pre-orders will be automatically cancelled after 48 hours. Please consider these facts carefully before placing your order. No exceptions will be made.