What is the name of your state (only U.S. law)? NY
For Christmas I ordered a New EPad Tablet from a popular website, using a 3rd party vendor. Nothing extravagant, but something nice for my daughter to use and abuse without worry. I received the product late(2 generic emails between me and the vendor about this), and ended up within 3 days, I'm filing with the vendor to return the tablet. What he sent was a "Z"epad (the "Z" is literally a sticker slapped onto the box every place epad is written, inside and out), used, damaged, and opened. The merchant refused to respond. After several days waiting for a response so I can return this P.o.S. tablet to him, I file a Claim with the Primary Website. Primary Website, investigates the claim, attempts to also reach the vendor, and 2 weeks later after 0 response back. refunds me the money paid for the order. so now, I have the P.o.S. Tablet, and a refund, and not a word from the vendor.
A couple days later, the vendor finally contacts me through the primary website, stating "You've got your money back, return the product(at my expense) or we will contact the FBI and your Local Authorities. here is our address..." This is their first contact with me since I filed the request in the first place.
I have a further conversation first over the phone with the primary website, and they send an email to the vendor and to me basically stating "Buyer(me), do nothing, Seller provide an RMA label for the product to be returned."
Needless to say 2 more emails later from them, they ignored the request from me, and from the Primary website, and their final response was "We have alerted the FBI for interstate fraud, your Local authorities, and we are following up with our collections agency. To stop all legal action, mail the product back....." Yet to date, they still haven't followed the instructions the primary website gave him to receive the product back. My final response to him was "You sent me a cheap knock off of a cheap product. It was used and damaged when I ordered brand new. I am not the one who should worry about fraud. Further I initiated with you in good faith to send the tablet back, and you failed to respond, [Primary Website] was forced to refund the money after you failed to respond to them as well. With your track record, I will not send this back on my dime. However if you still want the tablet back, send an RMA Label as you were instructed, or I will ship it COD for Shipping & Handling Costs, which would you prefer?" 2 weeks now and he still hasn't responded.
At this point, what are my legal obligations? is there any actions I can take against him? Should I hold the tablet until the authorities come knocking at my door and give them the product? and my real concern, if he managed to file with a collections agency, and this hits my credit (I doubt he did or could, but...) What can I do?
I did post this before, however there was no response and seems to have been removed. I don't know why, but posting again because I really don't know what I should do or have to do. I've never done business with any website or vendor who went to such lengths before. This to me is absolutely absurd.
For Christmas I ordered a New EPad Tablet from a popular website, using a 3rd party vendor. Nothing extravagant, but something nice for my daughter to use and abuse without worry. I received the product late(2 generic emails between me and the vendor about this), and ended up within 3 days, I'm filing with the vendor to return the tablet. What he sent was a "Z"epad (the "Z" is literally a sticker slapped onto the box every place epad is written, inside and out), used, damaged, and opened. The merchant refused to respond. After several days waiting for a response so I can return this P.o.S. tablet to him, I file a Claim with the Primary Website. Primary Website, investigates the claim, attempts to also reach the vendor, and 2 weeks later after 0 response back. refunds me the money paid for the order. so now, I have the P.o.S. Tablet, and a refund, and not a word from the vendor.
A couple days later, the vendor finally contacts me through the primary website, stating "You've got your money back, return the product(at my expense) or we will contact the FBI and your Local Authorities. here is our address..." This is their first contact with me since I filed the request in the first place.
I have a further conversation first over the phone with the primary website, and they send an email to the vendor and to me basically stating "Buyer(me), do nothing, Seller provide an RMA label for the product to be returned."
Needless to say 2 more emails later from them, they ignored the request from me, and from the Primary website, and their final response was "We have alerted the FBI for interstate fraud, your Local authorities, and we are following up with our collections agency. To stop all legal action, mail the product back....." Yet to date, they still haven't followed the instructions the primary website gave him to receive the product back. My final response to him was "You sent me a cheap knock off of a cheap product. It was used and damaged when I ordered brand new. I am not the one who should worry about fraud. Further I initiated with you in good faith to send the tablet back, and you failed to respond, [Primary Website] was forced to refund the money after you failed to respond to them as well. With your track record, I will not send this back on my dime. However if you still want the tablet back, send an RMA Label as you were instructed, or I will ship it COD for Shipping & Handling Costs, which would you prefer?" 2 weeks now and he still hasn't responded.
At this point, what are my legal obligations? is there any actions I can take against him? Should I hold the tablet until the authorities come knocking at my door and give them the product? and my real concern, if he managed to file with a collections agency, and this hits my credit (I doubt he did or could, but...) What can I do?
I did post this before, however there was no response and seems to have been removed. I don't know why, but posting again because I really don't know what I should do or have to do. I've never done business with any website or vendor who went to such lengths before. This to me is absolutely absurd.