P
pvail
Guest
OK, I have a problem and I need some sort of direction on it. Please feel free to contribute as possible.
In August of 1999 I purchased an eMachines computer, specifically the eOne 500. To make a long story short, I had several problems with it throughout this past year (which involved me shipping it across the continent and spend over $150.00 in the process).
Two weeks ago, I was told that I was getting a refund in the amount of $850.00. They told me to fax my original receipt of purchase with some personal information so that they could process my claim and get my check out to me within six to eight weeks.
This past Monday, I came to find a brand new eOne at my house, left by the UPS man. They had replaced my computer as if I were not entitled to a refund.
I did some research, and it turns out that I am entitled to keep the computer and receive my refund under the Code of Virginia, section 11-2.2, which states the following:
"If any person, firm, partnership, association or corporation, or any agent or employee thereof, shall in any manner or by any means offer for sale goods, wares or merchandise when the offer includes the voluntary and unsolicited sending of any goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing, then the sender of any such unsolicited goods, wares, or merchandise shall for all purposes be deemed to have made an unconditional gift to the recipient thereof, who may use or dispose of such goods, wares or merchandise in any manner he deems proper without any obligation to return the same to the sender or to pay him therefor."
It seems to me that this computer that I received on Monday was a gift, and I am entitled to that. By the same token, since we orally agreed on a refund, I believe I am entitled to that as well.
Unfortunately, the people at eMachines do not agree. They provided me with an ultimatum earlier this evening: either I keep the machine, or I send it back and get my refund. I reiterated my position, telling them that the law states that this computer can be deemed as a gift, And since we verbally agreed on a refund, I told them that I had that coming to me as well. They did not budge, and I told them that I would consult an attorney.
Trouble is, I'm a college student and quite poor. I'm afraid that getting an attorney and fighting tooth and nail will be more trouble than it's worth. But I do not want to give up. I want to get as much out of eMachines as I can because they've dragged me through the mud for an entire year, and I'm looking for retribution.
PLEASE HELP!!!!!!!
In August of 1999 I purchased an eMachines computer, specifically the eOne 500. To make a long story short, I had several problems with it throughout this past year (which involved me shipping it across the continent and spend over $150.00 in the process).
Two weeks ago, I was told that I was getting a refund in the amount of $850.00. They told me to fax my original receipt of purchase with some personal information so that they could process my claim and get my check out to me within six to eight weeks.
This past Monday, I came to find a brand new eOne at my house, left by the UPS man. They had replaced my computer as if I were not entitled to a refund.
I did some research, and it turns out that I am entitled to keep the computer and receive my refund under the Code of Virginia, section 11-2.2, which states the following:
"If any person, firm, partnership, association or corporation, or any agent or employee thereof, shall in any manner or by any means offer for sale goods, wares or merchandise when the offer includes the voluntary and unsolicited sending of any goods, wares or merchandise not actually ordered or requested by the recipient, either orally or in writing, then the sender of any such unsolicited goods, wares, or merchandise shall for all purposes be deemed to have made an unconditional gift to the recipient thereof, who may use or dispose of such goods, wares or merchandise in any manner he deems proper without any obligation to return the same to the sender or to pay him therefor."
It seems to me that this computer that I received on Monday was a gift, and I am entitled to that. By the same token, since we orally agreed on a refund, I believe I am entitled to that as well.
Unfortunately, the people at eMachines do not agree. They provided me with an ultimatum earlier this evening: either I keep the machine, or I send it back and get my refund. I reiterated my position, telling them that the law states that this computer can be deemed as a gift, And since we verbally agreed on a refund, I told them that I had that coming to me as well. They did not budge, and I told them that I would consult an attorney.
Trouble is, I'm a college student and quite poor. I'm afraid that getting an attorney and fighting tooth and nail will be more trouble than it's worth. But I do not want to give up. I want to get as much out of eMachines as I can because they've dragged me through the mud for an entire year, and I'm looking for retribution.
PLEASE HELP!!!!!!!