posted on March 8, 2003 11:44:47 AM new
I have a very complicated story and I could really use your expertise. I sold my Gateway PIII computer: 800 MHZ, 128, 20. When I sold it, I decided to "throw in Office XP." It was my legal copy and it had been installed on that, and only that machine. I did not install it on any other machine. We restored the drive, we did not re-install the XP. I mentioned in my auction that the XP was up for a bonus and "should re-install." Now, the real product for sale here was the computer, NOT THE XP (you know those auctions where they sell broken hardware).
XP, mind you, was Academic, came in a jewel case.
Anyway, auction ended and I sent out the product. The XP was short one disk. Okay, this is TOTALLY my fault. I tell him immediately that I will look for it. When I can't find it, I offer these reasonable alternatives:
1. Refund the whole computer, with shipping
2. Send out a replacement XP (I can buy another at a substantial discount, but I have to wait two weeks).
He keeps sending me ebay links of what he believes the XP was worth on ebay. 288.00 was his first link. I check out the links to find that these products are non-academic, or have power point, etc. They are NOT comparable. I checked out a similar item to what I was selling, that is opened XP with Hardware (but it was small business, not academic) and those are selling for 100.00.
He writes back and says this comparison doesn't work because its small business.
He keeps sending me more links and in his last email, he told me that if I can't find the XP by the time he returns from church tomorrow, he is treating himself to a BIN XP for 179.00 dollars and sending me the invoice. While his emails are not rude, they are very presumptous.
What do I do here? I have offered to give him the promised product, but he says he cannot wait. I have also given him the refund as the alternative. I am not going to buy someone a 179.00 item; especially when I sold a used, pre-installed copy of XP.
Am I obligated to buy him one on ebay if I can replace it (I guess my replacement is not within his time-frame)?
Should I be worried that he will keep my product, dispute the charge, or send me back an empty box or something.
posted on March 8, 2003 11:57:51 AM new
keep in control, You made a mistake, it happens. How did they pay? CC? Just tell them that you will send a replacement in that time period and that will be the end of the matter!
By no means accept an invoice from them, its not up to them to do so. If this is too much for this buyer, just state that they can return the unit and you will refund. End of story!
By no means gave in to blackmail here. If they send the unit back be sure to inspect it before you accept it.
but he says he cannot wait.
Too bad! Sounds like they are taking control from you. If they refuse the refund then they can wait. Do not get into a email pizzing contest with them as its a lost cause.
posted on March 8, 2003 11:58:40 AM new
Do the right thing and your stress level will decrease considerably.
You know what to do. That's why you're dancing around, trying to avoid it.
--
"I find myself having to apologize for being an American." --Belinda Carlisle, ex-Go-Go
It only muddies an already screwed-up situation & puts them in the drivers seat to roll over you, & then go back & forth over yer little crushed carapace!
When ya SCREW-UP, offer a complete 100% refund, including SHIPPING BOTH WAYS & just bite the bullet! The refund to be contigent (obviously) upon insured return of the item!
If he won't accept the REFUND OFFER, make sure you KEEP ALL EMAIL records of his refusal!
If ya buy a PC from Cow-Flop PC Corp or Smell PCs, they don't offer to dance for you in the event of a screw-up, they REFUND ONLY!
Ralphie loves Mr Blonde:
"Are you gonna bark all day little doggie, or are you gonna bite?" http://tinyurl.com/5duz
posted on March 8, 2003 12:11:38 PM new
As for shipping by UPS or FedEx, yes there are requirements for packing & shipping electronics. Can't say that I blame them.
posted on March 8, 2003 12:13:07 PM new
Thank you:
I am very new to the community:
How do I "not accept" his invoice?
And how do I inspect the package after UPS delivers it. What if there are a pile of rocks in here.
The thing is, I never offered anything other than a refund or to REPLACE the XP. He is the one who keeps insisting he needs it fast and will just buy one on ebay. The auction ended at 458.00. You can see it if you search for Gateway profile 3 so him asking for 200 dollars is a big chunck of the auction!
posted on March 8, 2003 12:19:47 PM new
CaddyB: Since you are new to this, let me help you by informing you of your buyer's options.
He can file a fraud report immediately with eBay. eBay will assist him in contacting other agencies also involved in mail-order fraud, including your state's Attorney General's office.
If you shipped it via USPS, he can get the Postal Inspector's office involved.
He can file a complaint with SquareTrade.
He can leave you negative feedback. Even without exaggering the situation, the truth is damning enough.
Personally, I see no reason why your buyer should have to wait. The OS was promised with the computer. It didn't arrive. Perhaps he should have delayed your payment by several weeks, eh?
--
"I find myself having to apologize for being an American." --Belinda Carlisle, ex-Go-Go
posted on March 8, 2003 12:38:46 PM new
I guess Fluffy, when your initial post didn't ruffle my feathers, you decided to be more "invective" in your criticism.
First of all, while I am relatively new to the community, I am not an imbecile.
I know darn well (as some of the other more insightful posters have mentioned) that I am not obligated to replace something that was never offered, i.e: brand new, complete XP Office software.
Let me "inform" you since you need to learn some logic:
If I bought a "used" car from you, and you found that the car had a defect, (the fm radio was not working, etc) and then I came to you and demanded, not only a 'NEW CAR' but an upgraded model, would you be willing to comply? I highly doubt it.
I have met this seller's requests with expediency. I have offered the replacement product, and if the turnaround is slower than he can deal with, he can have a full and immediate refund. How many ebayer's each day are involved in "refunding products?" Your threats of Square Trade, the postal inspectors, don't scare me since I have covered myself by offering a "full refund" in order to rectify any damages. Furthermore, many items are sold without refunds.
The XP I sold was used, installed, and not commensurate to any of the things he is willing to take as a replacement. He is linking to sealed, and Pro versions that have the extras of Power point, etc.
I contend with you that I could be accused of mail fraud. So every time we receive a defective product in the mail, our recourse consists of the things you have named? There's a such thing called "refunds," or with all your "information" did you forget this?
Again, can you make your point clear once more so I can understand your logic: I should buy the buyer a product that is 10 times better than the initial product. Never mind, I don't want to know. You got what you wanted, you annoyed me and I replied, but I don't think I will reply to you again.
[ edited by CaddyB on Mar 8, 2003 12:42 PM ]
[ edited by CaddyB on Mar 8, 2003 12:44 PM ]
posted on March 8, 2003 12:55:49 PM new
You have done what is required by offering a refund, and gone beyond that by offering the XP, slightly delayed. You can be firm on those offers with confidence.
Restate your offer and tell him you will refuse an invoice if he sends one. I am sure he will not return the computer, which would be lots more trouble than waiting for his XP.
ON THE OTHER HAND, if you are going to be buying an XP for him anyway, all you will be out is the difference between his price and yours. It might be worth it to make this headache go away.
posted on March 8, 2003 01:00:26 PM newHow do I "not accept" his invoice? And how do I inspect the package after UPS delivers it. What if there are a pile of rocks in here.
Just refuse it If it shows up in your mail.
As far as ups goes, I would think that you will have to sign for it or make sure you are around when they bring it.
Only takes a minute to open the box and check it. [insist on it!]
If you sell another computer with a freebie, make sure its in the auction so the buyer knows its a free extra.
The fact that you did offer a full refund and or replacment shows you are doing the right thing.
As tomwiii stated, never give out too many choices as it just gets crazy.
Just lay it on the line with the buyer, send it back for refund. Thats it!
Fluffy
A bit overboard, If they leave a neg, so what. They did get the item so where is the fraud? No where.
Yes the seller screwed up but is trying to fix it. If the buyer was in such a hurry then they should of said so before they bid.
[ edited by trai on Mar 8, 2003 01:01 PM ]
posted on March 8, 2003 02:06:43 PM new
no one has answered your question,how do you inspect the package while ups or fed exp waits??
NO,you accept it and you sign for it or refuse it,no one is going to stand around and wait for you .
if i were you,i will just say return the damn thing at my expense and i will refund your money in full.
he is not going to return a box of rocks.
get it over with and move on.
it is your fault as a seller to ship incomplete merchandise and you just happen to run into a difficult customer,just refund in full and get the goods back.
posted on March 8, 2003 02:22:55 PM new
Um stop whining,
I think I mentioned in the OP that I was more than willing to take it back, full refund and shipping charge paid.
posted on March 8, 2003 02:45:21 PM new
Sounds like he wants it now and not to wait... I know that an academic version of Office XP in my area can be had for $73 with no documentation.
1. Office XP academic doesn't have the same items as Office XP professional, which sounds like what he is after.
2. Only offer a refund and nothing else, keep all documentation. If the buyer refuses to return the computer at your expense, then you are done with the matter... if the computer is working as described and this is only bonus software, look for the second disk and get it to them but do not mention refunds any longer.
3. You may take a neg, but just respond in a reasonable manner to it, you did after all screw up...
Last just chalk this up as learning experience...
BTW it's funny to see Fluffy giving anyone sh*t about Customer service.... she might learn a few things from people here...
posted on March 8, 2003 02:52:24 PM newBTW it's funny to see Fluffy giving anyone sh*t about Customer service, she might learn a few things from people here.
Hahaha, your bad. I like fluffy, at least she is up front and no B.S. So you always know where you stand right or wrong.
posted on March 8, 2003 03:39:10 PM new
typical tight ass penny pinching ebay bidder,thought they spotted a good deal.now good deal turned sour and he is playing hardball with you.
dont be intimidated by his tactic,if he wants the software so badly,he can return yours and go to best buy or cc or compusa,it cost him nothing to return your item.
your only worry is if he files chargeback,his cc will side with him and he will get to keep the stuff and get refunded .how did he pay??
posted on March 8, 2003 03:42:01 PM new
Since I've been considering buying a PC (now we know the Apocalypse is approaching), I admit I put myself in the customer's shoes.
If you sell a computer with the operating system, it ought to arrive with the operating system. I would have expected to be able to plug it in, install the OS and go from there.
A PC without the OS is just a large and pricey paperweight.
I'm kind of surprised at the responses you've gotten. If you buy a TV that needs a remote to operate, and you receive the TV sans remote, should you be happy to wait weeks for the remote to arrive?
I agree that you owe him an Academic version of XP. But I also believe that if you cannot obtain that now, you owe him whatever it takes to make that computer operational.
I expect that a refund is not acceptable to him because he bid on the total bundle: P3 plus XP. Why should he have to pay more now?
--
"I find myself having to apologize for being an American." --Belinda Carlisle, ex-Go-Go
posted on March 8, 2003 03:43:56 PM new
Oh, one more thing while I'm (apparently) making your life miserable:
"I am not going to buy someone a 179.00 item; especially when I sold a used, pre-installed copy of XP."
A used copy of XP? What, do the bits fall off over time or something?
--
"I find myself having to apologize for being an American." --Belinda Carlisle, ex-Go-Go
posted on March 8, 2003 03:58:55 PM new
The seller was offering Office XP, not windows XP. I assume the computer had a working operating system.
The buyer is being adamant but also being a jerk. Receiving another copy of the software from you should be fine, and a lot faster than sending you an invoice. If they send you an invoice, ignore it.
Of course, if the person who bought is not eligible to buy academic software (almost everyone is), eBay could do a VERO thing. I'd just buy him the damn software and send it. Buyer is just trying to get a little extra $$ from you.
posted on March 8, 2003 04:40:54 PM new
So..you can get an academic XP version for around $75..and he has found a better version for $170...that means a difference of $95...how much is shipping back the item going to cost you if you refund? seems like it may be worth it just to bite the bullet and pay the invoice and avoid all this and future anxiety!??? Even though you are right maybe its better to let the buyer get his way or this thing is going to MAKE YOU CRAZY before all is said and done ..just some thoughts I'm by no means an expert in selling or pc's! good luck!..ooops just reread some of the thread..you found an academic xp for 14?? well then...guess that IS a big difference! I'll keep my "mouth" shut!
[ edited by neglus on Mar 8, 2003 04:42 PM ]
posted on March 8, 2003 05:34:42 PM new
Fluffy, There is no such thing as an "academic" Operating system, but Office does come in an "Academic" version so as to be more affordable to students and other academic types, It only has Excel, Word, Power Point and Outlook with no to little documentation.
Office XP Standard is the same only with Documentation and Pofessional also includes Access
posted on March 8, 2003 05:35:36 PM new
Can't imagine why, sometimes I'm a big fat idiot.
I am now so confused about this transaction that I have no opinion whatsoever. Good luck to the OP.
--
"I find myself having to apologize for being an American." --Belinda Carlisle, ex-Go-Go
