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Product Return Period Expired- Can I Still Return?

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J

John Anthony

Guest
What is the name of your state? TEXAS

I need to return a computer I bought because it's not fufilling my needs at all but it's way passed it's return period (4mos), Is there a place or a group of consumer rights that I can call or write to that could help me plead with the computer manufacturer to accept it back or at least for swap it for another one, hope you all can help.


(Gateway)
 


HomeGuru

Senior Member
John Anthony said:
What is the name of your state? TEXAS

I need to return a computer I bought because it's not fufilling my needs at all but it's way passed it's return period (4mos), Is there a place or a group of consumer rights that I can call or write to that could help me plead with the computer manufacturer to accept it back or at least for swap it for another one, hope you all can help.


(Gateway)
**A: what are your needs and why is the computer not fulfilling?
 

JETX

Senior Member
No, there is not a "place or a group of consumer rights" that will help you try to return a product that you have USED for four months. In fact, there isn't any legal obligation for ANY seller to provide a return policy.
 
J

John Anthony

Guest
the damn thing can't handle graphic design software, it has an 8mb video card, I wasn't told what it could or what it couldn't do by the sales rep. + I was computer illiterate at the time of purchase, I bought it because I was going to take graphic design courses at my local university starting in spring, BTW it's a laptop, so I just chose a laptop (remanufactured) from their site thinking all pc's were pretty updated internally...the software we are to use is "Maya Unlimited 4.5" seems to be a pretty heavy duty program, anyways I had to get one rented to me and I can't bring the rented one home while i got the one i bought just sitting there on my desk and jackass gateway cries "we have a return policy sir.. BLAH BLAH!" Freaking Annoying SOB's
 

JETX

Senior Member
"You won't believe the idiot that called me today. He bought a computer 4 months ago and now is complaining that it isn't suitable for the use that he has. Of course, he never did any research to find out if there were any special requirements for his use. And he obviously has never heard that HE is responsible for determining HIS usage requirements. And guess what, this guy actually thinks that WE are liable for his failures!! What a Freaking Annoying SOB!"

signed,
Gateway Customer Service Rep
 
J

John Anthony

Guest
HA !, they have breached the Warranty of Fitness of the product they sold me ;)
 

JETX

Senior Member
In order for you to have a valid claim on that principal (Implied warranty of fitness), you would have to show that you told them ALL of the requirements for the use of the supplied equipment and that they provided that equipment to meet those uses.

Your post clearly shows that is not the case. In fact, you didn't even know your own requirements (or that the equipment wasn't suitable) for four months after the sale.

So, how do you propose to show that the merchant KNEW what your requirements were??

An example of a 'warranty for fitness' case would be if you told a truck dealer that you needed a vehicle that would be able to tow a 4000 pound trailer at highway speeds in the mountains of Colorado and average 20 MPG. If the dealer told you, "Son, this is the truck for you", you would have relied on the sellers 'expertise' and if the vehicle did not meet your criteria, you might have a case against them. Simply, this does not apply in your case.

Ha!!
 

Lavalamp

Junior Member
"the damn thing can't handle graphic design (. . . .) , BTW it's a laptop,

I own a computer service company/

The problem is, and you admitted this, is that you were stupid (well, you used "illiterate") to buy a laptop for this purpose. Graphic design is very much in the "desktop" category.

You bought a "refurbished" one to boot. Bad mistake.

Next time, please take your business to a locally owned computer dealer. This does NOT mean "Wal0Mart" or "Office Depot." Those people get paid six bucks an hour to soud like computer experts and they are NOT.

With a local dealer, you'll get good advice, much better service and you wouldn't have to feel like the idiot you are at this point.

Suck it up. Use your laptop[ for it's intended purpose (doing business on the road which means surfing, word processing and spreadsheets) and spend at least $800.00 on on a desktop system and learn from your mistake.
 

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