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Old 06-15-2005, 02:47 PM   #51 (permalink)
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DJ Chris, I wasn't directing that to you

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Old 06-15-2005, 02:54 PM   #52 (permalink)
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wow, i registered just to respond to this topic. how can you sell a computer that is obviously not an Alienware or IBM as such

High Performance Computer"

"You are bidding on a TPX-5000 IBM ALIENWARE COMPUTER!"

that is obviously misleading a customer into thinking they are getting a decent gaming computer, when this is far from that.

and WTF is a INTEL Pentium 4 C-D processor.

you also advertise a seagate hard drive in the computer, but from the pictures provided by raze it is obviously a hitachi (hds722525vlat80)

it hurts me to see that you are actually selling computers(and evidently making a killing with the prices they are going for) and obviously don't know anything about them.

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Old 06-15-2005, 03:09 PM   #53 (permalink)
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So lets see I bought a pentium 4 3.0 ghz proccesssor with HyperThreading. 1 Gig of dual channel ram. A 64 bit nvidia 128mb ram gforce FX 5200. And the adds says Here we have a BRAND NEW ALIENWARE High Performance Computer" "You are bidding on a TPX-5000 IBM ALIENWARE COMPUTER with a segate hard drive.

I got an intel celeron 2.8ghz proccessor without hyperthreading 1 gig of single channel ram in 2 512 chips an i dont know what bit nvidia MX 4000. Not an alienware, not a IBM, nothing to do with TPX-5000 in fact when I google those TPX-5000 it dosent appear to exist. I also got a hitachi not a segate. Hmmmmmm last I checked something aint right here.
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Old 06-15-2005, 03:10 PM   #54 (permalink)
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I'm sure you'll read this but you problem won't reply due to legal reasons. So here it goes.

A good business person knows that, "The customer is always right."
It doesn't matter if you feel that he is wrong and not abiding by "your" return or exchange policy. The fact of the matter is, he bid on an item that you were selling, he won the bid, he paid, you shipped the item, and to his dismay the item that he received was not the item he bid on. It was totally not the item he bid on. May-be it wasn't false advertising and just a mistake. Yet, it's a huge mistake, made by you and "your company". Further more, just because you claim it was a mistake doesn't change the fact that it's a breach of contract. And since you breached the contract it becomes null and viod and he doesn't have to abide by your refund and exchange policy set forth in your advertisment.

Even though you said, "We will do whatever is required to fix this error and ship new parts ETC..." At that point it's up to the buyer to agree on this new contract. He obviously doesn't want to agree to a new contract seeing as the first one left him with a bad taste in his mouth.

Your company made the mistake, not him. He obviously paid to have the item reshipped to you. When you receive it, throughly check it out. Make sure it's in the same condition that he sent it to you. If all is well, do the right thing and refund him is money. Sometimes in business we have to break our own policies to extend our future business. Do the right thing here. It may cost you a few dollars in the end but we must all pay for our mistakes.

If he decides to do so, he'll have no problem winning this case in small claims court. Is $1065.00 worth your trouble?

If I were you connie, and i made the same mistake, i would have no problem returning his money to him and moving on. Just do the right thing here.
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Old 06-15-2005, 03:19 PM   #55 (permalink)
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No kidding... that is kind of what I was trying to say. It isn't worth the headache of having him drag you into small claims court (go to Judge Judy man, I saw a case similar to this, and she awarded to the plaintiff). If you get dragged into court over this, it'll only hurt your reputation WAY more than it needs to be. I think he is already done doing business with you, and if you would have just refunded him what he wanted to begin with, he might not have complained or anything and it would have made you look better. But because of all of this hoo-rah, I know I sure won't but from you, not that I was going to anyway. I am just saying that it was easy to fix to begin with and you had a good thing going. People would read this and say "honest mistake, but they fixed it and everything is fine" or "honest mistake, they offered to fix it, but he wanted his money back, and they agreed because of the problem." Now people are going to say "man, I don't want business with that person, they'll screw me out of my money, and if I don't get what I want, they'll only screw me out of my time and patience too."

Let's just make peace and do what is right people.
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Old 06-15-2005, 03:23 PM   #56 (permalink)
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Raze, take him to small claims.

I have fought battles, and this is like US ARMY vs an Ant.
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Old 06-15-2005, 03:25 PM   #57 (permalink)
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I just want my money back so I can purchase somewhere else. I believe everything you do in life comes back to you sooner or later, in fact I have seen it happen to people, it always comes back to bite them. I just want my money back. I'm only posting the facts I have not gone out of my way in any fashion to harm anyone. I only used the proper channels. Ebay / paypal to cover myself....
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Old 06-15-2005, 03:45 PM   #58 (permalink)
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O I didnt see a few posts up I have e-mail you tracking numbers of the return. did you not get those or should I post it here and e-mail it as well again to you. Unbelievable.
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Old 06-15-2005, 04:00 PM   #59 (permalink)
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Geez, this has developed a lot since I last posted. I feel like putting in my two cents.

I would like to point out that you, connie, screwed up on the details. You seem to be squirming around this point. That is your fault, and is also illegal. Just for that you should give him a refund. If he were to take you to court, he could win easily.

Also, I do not see in the original eBay auction where it says no refunds, only exchanges. It only says
In the unlikely event that a return is request, all returns must include all original items undamaged, in re-saleable condition, all original packaging including manuals, warranty forms, etc. Software sales are not refundable. Shipping and handling fees are not refundable. Buyer is responsible for shipping costs incurred shipping products back.If User evident damage, item will be returned at buyers expense. WARRANTY on ALL PARTS INDIVIDUAL to Their Manufacture
Did I miss something?

The bottom line is that this is your company's fault, and should take full responsibility by refunding his money. Period.

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Old 06-15-2005, 04:06 PM   #60 (permalink)
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If they send you the right specs, why not keep it. The cost is pretty good for the parts, why not try selling it yourself after receiving it for profit and get a better pc. Use some business sense.

First got a computer 4 years ago. Windows ME. Got second hand computers with different operating systems from my family members to play around with...

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