joshuawaire said:
Yeah...they could, but won't. I think the best they can do in the event of the UPC code missing is to do a swap, then stick the old one in the new box and call it DOA.
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CompUSA sold my friend a used PowerBook
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Yeah...they could, but won't. I think the best they can do in the event of the UPC code missing is to do a swap, then stick the old one in the new box and call it DOA.
Document everything
Xerox your receipt, and any other paperwork. Take notes of who you talk to (at Apple, at CompUSA, and anywhere else), when you call/visit, and what is discussed.
This should be your backup plan. Read your credit card agreement terms. Typically, they'll want you to pursue it with the vendor first, but they'll put a hold on the money.
And in the future
What I've learned about major purchases:
- Use a credit card when buying.
- If you send out for a rebate offer, Xerox your UPC code (the whole side of the box, if necessary) and keep a copy of your completed rebate form and other documents.
Xerox your receipt, and any other paperwork. Take notes of who you talk to (at Apple, at CompUSA, and anywhere else), when you call/visit, and what is discussed.
kjr39 said:
This should be your backup plan. Read your credit card agreement terms. Typically, they'll want you to pursue it with the vendor first, but they'll put a hold on the money.
And in the future
What I've learned about major purchases:
- Use a credit card when buying.
- If you send out for a rebate offer, Xerox your UPC code (the whole side of the box, if necessary) and keep a copy of your completed rebate form and other documents.
The box is tied to the machine. Every box has the serial number on the outside. So that won't work.cnakeitaro said:
My whole point is that the "facts of the case" aren't conclusive. But thanks for the advice anyway.Chip NoVaMac said:
Hate to rain on your parade, Heb, but if you buy an item, and the company tells you that this specific item has been previously registered by another individual *months* before you purchased it, that's above and beyond conclusive evidence that the product is indeed NOT new.
That's as conclusive as it gets in a case like this. I'm not sure why you think his friend is "up to no good," but perhaps a career at CompUSA would suit you well - obviously, they can do no wrong.
That's as conclusive as it gets in a case like this. I'm not sure why you think his friend is "up to no good," but perhaps a career at CompUSA would suit you well - obviously, they can do no wrong.
In October, CompUSA sold me a refurbished PowerMac as new... it was a Rev. B so I was happy to keep it because of the 8 ram slots, but they did give me a few hundred dollars in gift certificates to compensate.... which I guess how it ended up working out was I got a free iPod 5G out of the deal.
Selling something "as new" when it is not can be a form of fraud. Fraud requires an intentional misrepresenation of material facts. This can be in the form of mere concealment, it does not have to be something they actually said to your friend.
BMW sold a "new" car to someone and that car was not "new". It had been repainted when it was damaged by acid rain in transport. I think the guy kept the car, got 15K in damages, and got awarded 2 million in punitve damages. Just some interesting facts for you guys.
If they said even once that it was "new" then you're golden. So if "He told his manager that he specifically remembers selling her the PowerBook, and that it was supposed to have been new." is actually the case, then i'd say they owe you a new computer at the very least.
BMW sold a "new" car to someone and that car was not "new". It had been repainted when it was damaged by acid rain in transport. I think the guy kept the car, got 15K in damages, and got awarded 2 million in punitve damages. Just some interesting facts for you guys.
If they said even once that it was "new" then you're golden. So if "He told his manager that he specifically remembers selling her the PowerBook, and that it was supposed to have been new." is actually the case, then i'd say they owe you a new computer at the very least.
I don't know about american law but this starts to look bad to me.
I think it's illegal as far as I know - referring to swiss law at least
It seems that it's not the first time CompUSA tries to sell "clearly used" products for exactly the same price without a note that it's second hand to a other customer. The dead Hardisk - that's just a real bad joke - considering public relations that store manager should be fired.. seriously.
Storemanagers should use their brain instead of copy&paste...
I would really go for the big dog now. A simple Harddisk change isn't enough - case deformation and what else is wrong with this PB.
1st a brandnew Powerbook that's crystal or money back / 2nd compensation as much as you get out of it!!! I would check if this is the regular policies of USAComp - selling NOT NEW as NEW. If yes make em bleed - bigtime!!!!
If they resell brought back products, which are technically NEW they can sell it of course again if they inform the customer - give him a good discount - make sure the 1 YEAR WARRANTY is covered by them at all cost - specially if you dont have AppleCare Plan - but that's a total other story.
Is her AppleCare CORRECT if the product is actually sold to someone else and already registered since several months ???? I don't think so
I don't think they need to have said "it's new" as it seems they didn't mention that it's NOT NEW on full purpose / or "forgotten" that's the another question - anyway that should be enough... my english is bad - but it is something of disguising & vanishing relevant facts of a contract / product in purpose to get a benefit out of a deal or to not suffer any worthreduction out of a deal...
specially you guys in the USA should be able to make a big deal out of it...
IF they tried to play games with your friend...
LET EM BURN
I think it's illegal as far as I know - referring to swiss law at least
It seems that it's not the first time CompUSA tries to sell "clearly used" products for exactly the same price without a note that it's second hand to a other customer. The dead Hardisk - that's just a real bad joke - considering public relations that store manager should be fired.. seriously.
Storemanagers should use their brain instead of copy&paste...
I would really go for the big dog now. A simple Harddisk change isn't enough - case deformation and what else is wrong with this PB.
1st a brandnew Powerbook that's crystal or money back / 2nd compensation as much as you get out of it!!! I would check if this is the regular policies of USAComp - selling NOT NEW as NEW. If yes make em bleed - bigtime!!!!
If they resell brought back products, which are technically NEW they can sell it of course again if they inform the customer - give him a good discount - make sure the 1 YEAR WARRANTY is covered by them at all cost - specially if you dont have AppleCare Plan - but that's a total other story.
Is her AppleCare CORRECT if the product is actually sold to someone else and already registered since several months ???? I don't think so
I don't think they need to have said "it's new" as it seems they didn't mention that it's NOT NEW on full purpose / or "forgotten" that's the another question - anyway that should be enough... my english is bad - but it is something of disguising & vanishing relevant facts of a contract / product in purpose to get a benefit out of a deal or to not suffer any worthreduction out of a deal...
specially you guys in the USA should be able to make a big deal out of it...
IF they tried to play games with your friend...
LET EM BURN
Heb1228 said:
you work at a computer store.. and see these packages often, as you said. the common person doesnt know the "holy" wrap of The Power cord...
drift1492 said:
Five bucks says you're in law school, and another five says the Gore case was in the footnotes. Gunner!
Well, the CompUSA manager told her that it's sort of like buying a new car—that if you buy a new car and it has 25 or so miles on it are you going to complain because it's not new?
Can you believe that! They offered her an extra 512MB of Ram, and Apple is sending her a box to repair the unit. I told her that the extra 512MB of Ram for 4 months less of warranty would be unacceptable to me.
We are going to call Apple Customer Relations Monday and see what they say. The Apple representative that filled out the repair request for her told her that he would march down to CompUSA and demand action. She said he seemed stunned that a retail store would "allegedly" sell a used computer as new.
Can you believe that! They offered her an extra 512MB of Ram, and Apple is sending her a box to repair the unit. I told her that the extra 512MB of Ram for 4 months less of warranty would be unacceptable to me.
We are going to call Apple Customer Relations Monday and see what they say. The Apple representative that filled out the repair request for her told her that he would march down to CompUSA and demand action. She said he seemed stunned that a retail store would "allegedly" sell a used computer as new.
By the way, one of the CompUSA people asked her if she posted her problem on this web site. She said no that she didn't have access to the internet (which is true). But she didn't know I started this thread at the time.
CompUSA is you're reading this, you should do the right thing. Quit screwing around with people that aren't computer savvy.
CompUSA is you're reading this, you should do the right thing. Quit screwing around with people that aren't computer savvy.
joshuawaire said:
Don't forget to check that AppleCare thing. She spent another 450 $ or how much it was on a NOT NEW Powerbook AppleCare Plan, a PB which had been registered already months ago. Is it a legally running PB ACP or is it worthless cause of the severe incorrectness of her contract ?
They sold her a USED PB with a deformed case and they think by repairing it and giving her 512 Mb they would get away with it ?
NEW PB!!! OR moneyback + Compensation for the massiv bull**** from USAComp...
There should be a hall of shame for Managers like this Clown. Still trying to make a cheesy deal...
MANAGER: "Ask yourself - do you know what beef is it ?" LOL R.I.P Biggie
Jon'sLightBulbs said:
25 bucks if you guess the author(s) of the textbook
Anyhow, If it was my computer, I would already have a brand new one in hand. But thats just me. Good luck.
Oh yeah. The punitive damages got reduced, but the rule still applies (sort of).
When I bought my PB in 2003 I called up Apple to register it and they said it had already been registered, but when I faxed them the receipt they changed the date. It all looked fine to me and I've never had any problems.
There's always the chance that somebody put the wrong serial number in when they registered their PB.
Go for a refund. I currently work in retail, if the store won't help then call the area manager/head office. Normally after you call them they'll call the store and tell them to give you whatever you want. If they don't, just keep calling and eventually they'll relent. Never give up, if they sense weakness they'll make up crap to put you off.
Don't bother trying to get money for fuel/time, etc. I've had people ask for this before and it's never going to happen.
There's always the chance that somebody put the wrong serial number in when they registered their PB.
Go for a refund. I currently work in retail, if the store won't help then call the area manager/head office. Normally after you call them they'll call the store and tell them to give you whatever you want. If they don't, just keep calling and eventually they'll relent. Never give up, if they sense weakness they'll make up crap to put you off.
Don't bother trying to get money for fuel/time, etc. I've had people ask for this before and it's never going to happen.
When I bought my Power Mac last April, Apple said that it had already been registered 6 months earlier. Turns out that it was a BTO (1 GB RAM), and when the university bookstore ordered for whoever wanted it, it automatically got registered for the warranty. Whoever ordered it didn't buy it for some reason, and that's why they sold it to me. I told Apple the situation, and all I had to do was fax the receipt to them and they changed the warranty so that it started the day I bought the machine. The computer was not used, it hadn't even been opened when I bought it.
(They gave it to me with 1 GB of RAM for the same price as a stock machine with educational discount, so even if it had been slightly used, I'm not sure I would have been too mad.)
(They gave it to me with 1 GB of RAM for the same price as a stock machine with educational discount, so even if it had been slightly used, I'm not sure I would have been too mad.)
drift1492 said:25 bucks if you guess the author(s) of the textbook
Anyhow, If it was my computer, I would already have a brand new one in hand. But thats just me. Good luck.
Oh yeah. The punitive damages got reduced, but the rule still applies (sort of).
Prosser, Wade, and Schwartz. I accept paypal and personal check!
Yeah, CompUSA is not a favorite of mine due to an incident I had with a defective hard drive. Bought the drive, took it home, and tried to install Windows on it (before I was brought over from the dark side). The install crashed a few times and Windows would never fully boot, along with A LOT of drive access. I took the drive back, and told them it was defective, and they said I could get a new one, (which i didn't want, who knows if their stock room guys are drop kicking these things) or refund less a $32 restocking fee, which doesn't make sense on a defective product, which SHOULD be sent back to the manufacturer. Why should they retain their profit margin when Maxtor would give them a credit?
I took the refund and about a week later called my credit card company and filed a claim to get my $32 back. Called up CompUSA, talked to the manager, mentioned the chargeback, and they said come in tonight and we'll give you the $32 back. They even stayed open late since I got off of work late.
Even though Apple is fixing it, if you have some extra money, I would present your case to a local lawyer, and have him/her draw up some paperwork on the case, outlining why they are being sued. I'm sure this would be an open and shut case. Then give the district office a call again, start the story from the beginning. If you get no where, mention the visit to the lawyer and how the paperwork is waiting to be filed. Let them know it will be a very public (**cough** digg **cough**) and very costly (due to mass amounts of negative PR) case for them to fight. If they say "Bring it on", follow through with the lawsuit, and laugh as the district manager drafts up a new resume and CompUSA wipes the egg off their face.
Just my thoughts. I hate slime bag companies like this.
-w0ngbr4d
EDIT: http://www.resellerratings.com/seller1912-p1-s4-d1.html 'nuff said
I took the refund and about a week later called my credit card company and filed a claim to get my $32 back. Called up CompUSA, talked to the manager, mentioned the chargeback, and they said come in tonight and we'll give you the $32 back. They even stayed open late since I got off of work late.
Even though Apple is fixing it, if you have some extra money, I would present your case to a local lawyer, and have him/her draw up some paperwork on the case, outlining why they are being sued. I'm sure this would be an open and shut case. Then give the district office a call again, start the story from the beginning. If you get no where, mention the visit to the lawyer and how the paperwork is waiting to be filed. Let them know it will be a very public (**cough** digg **cough**) and very costly (due to mass amounts of negative PR) case for them to fight. If they say "Bring it on", follow through with the lawsuit, and laugh as the district manager drafts up a new resume and CompUSA wipes the egg off their face.
Just my thoughts. I hate slime bag companies like this.
-w0ngbr4d
EDIT: http://www.resellerratings.com/seller1912-p1-s4-d1.html 'nuff said
I think what could have happened is someone miskeyed in her serial number when registering the warranty, and when your friend tried to check on his warranty status he hit the snag.
The likelihood is higher that it's Apple's mistake than it is CompUSA. CompUSA is a reputable business!
The likelihood is higher that it's Apple's mistake than it is CompUSA. CompUSA is a reputable business!
joshuawaire said:
boom, i just permanently deleted comp usa from my shop list. it's a pity because i live close to one but that behavior is unacceptable. seems i have to drive a bit more or shop online in the future.
generik said:
Only as reputable as it needs to be to survive. CompUSA and BestBuy have both given me grief over various things, although polite perserverence usually got the job done (even if it took 30 minutes to do it). This included a Pioneer Receiver I purchased, which another customer had bought, swapped out with his old, dead Receiver, and then returned to the store after resealing it. BB somehow let this one through, and wound up getting angry at me for trying to exchange it (I wasn't even asking for a refund, I was asking for what I paid for). They even threw a "You ordered this online, it wasn't from our stock" when I had purchased it for in-store pickup (and I know they don't have 45 minute shipping).
I've gotten the run around from CompUSA too, while trying to get a working PowerBook. Their managers have the power to do almost anything in the store, so if you push them hard enough, they can easily replace the broken machine for a new one. If you let the manager know that you will make as big of a deal out of the situation as possible, including possible legal action, I'm sure he'll soften up and just do the exchange. All they do is send the computer back to Apple, and get a repaired machine back...
CompUSA is not helping themself with this incident.
I spent my day researching Apple systems on line and was going to visit the local CompUSA tomorrow. Then I found this example of CompUSA customer service.
Sorry CompUSA I don't want to have you screw me over. I'll visit the local MicroCenter instead.
I spent my day researching Apple systems on line and was going to visit the local CompUSA tomorrow. Then I found this example of CompUSA customer service.
Sorry CompUSA I don't want to have you screw me over. I'll visit the local MicroCenter instead.