Online laptop order problem

[nmerris]

Hi. I recently purchased a laptop online, the laptop was not advertised anywhere as "refurbished" on the web site; however, when I got the laptop, it was in fact refurbished. Also, I was initially informed by a telesales representative that I would have 14 days to return my laptop (minus a minimum 10% restocking fee). I decided I wanted to return the laptop, as the quality was less than new, and I am not satisfied with the product. I called to online company today, and as I looked at my receipt, I noticed that it stated their return policy was only 7 days, which had allready ellapsed. I was prepared to pay the, in my opinion, unfair 10% restocking fee; however, they will not even consider my return since it is past their 7 day deadline (which is not mentioned anywhere on their web-site, I might add.) Now I am stuck with a laptop I do not want and didn't technically order to begin with (I ordered an NEW laptop, not a REFURBISHED one).

Furthermore, there is no mention whatsoever that any of the laptop's this company sells (http://www.compdirect.com) are refurbished on their web-site. I have printed copies of all relevent pages to secure this fact.

My question then, is this: Has CompDirect 'breached' their sales contract with me? If so, what are my options at this point? Ideally I would like to get a full refund of my money, and NOT pay any restocking fees; however, I suppose I could settle at simply returning the laptop and paying the 10%. I have tried numerous times to politely convince them of my case, but they will not hear it. I was thinking of filing a credit dispute with my CC company (MBNA Visa) and also filing a complaint with the BBB; what do you think my chances are of winning a claim? What do you think? I would really like to have a lawyer call them up to straighten things out, but that would cost a lot, and my loss would still be large.

The laptop was purchased in the state of VA.

With sincere thanks,

--Nathan Merris

[keeshy2]

MBNA usually does an excellent job on disputes. As a normal person in VA just like you, I would definitely dispute it with them. Just fill out a copy of the back of your bill and send it to the address listed. Point out that you got a refurbished computer when you were under the understanding it was a new computer, and let them do the work!
Good luck on getting it all straightened out!

[JETX]

Here is what you need to do:

1) Send the merchant a certified letter, advise them of the details as you did in your post. Mention to them that you ordered a new computer, and they shipped you a refurbished one without your consent. Advise that due to their deceptive trade practice, you are rescinding your purchase and ask for instructions on returning the computer to them AT THEIR COST. Give them your full written contact information (address and email address). Ask them to contact you with shipping instructions.
[Note: this procedure is REQUIRED prior to your filing a dispute with the credit card company... you are required to have made an effort in resolving this dispute with the merchant.}

2) If the merchant does not respond to your dispute letter, THEN you can file a dispute with your credit card issuer. Send a copy of the correspondence with the merchant to show that you tried to resolve this dispute.

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Steve Halket
Judgment Recovery of Houston
JRS.Houston@excite.com
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!