I got RIPPED OFF buying my X800

Imp

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Oct 8, 2004
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I was so stupid to order something from Gameve. They took my money for the XT PE I ordered and sent me some X800 pro that had its bios flashed to look like an XT. The serial number on the package was torn off, and there were 2(!) sets of serial/product ID number stickers on the card itself. And what's more, the ID # etched into the PCB was different than both of them! Here's the letter I wrote the f***s:



I am extremly angry about the blatant theft that has been perpetrated against me. Originally, I was impressed with the quick service and prompt shipping of demonstrated by your firm, but upon inspection of the item I have discovered that it is not what was represented to me prior to the sale. I have determined that the item you sold to me is a lower-valued product that has been purposefully altered to simulate a more expensive model.

Simple visual inspection reveals alteration of/addition to the original labels to make it appear that this graphics adapter is the advertised product. Information on the packaging that would reveal this disparity has been removed. i.e. the serial number, product ID number, etc.

Closer investigation via hardware analysis reveals that the bios contained the the product's ROM does not match the product ID, subsystem code, nor vendor code as displayed on both printed labels and markings hard-etched into the PCB of the item. As I noted earlier, the packinging itself has been intentionally damaged to prevent this comparison. Furthermore, the programming information stored in the card's BIOS is from a different manufacturer entirely. This proves that the original product has been INTENTIONALLY altered to appear as the higher-priced X800XT PE rather than the X800 "Pro" that it is. Rest assured, I have further proof that this is the case as well.

Please contact me immediately to rectify this situation. I would hope that you are interested in preventing this kind of fraud amongst your suppliers. In any case, I expect this problem to be resolved without the necessity of my first returning the item in question- I do not intend to release this evidence until I am fully reimbursed monetarily, by the genuine product as promised to me by your firm, or the equivalent product made by another manufacturer. I placed my trust in you, and bargained in good faith. It is only right that you do the same for me.

However, if I do not obtain the remedy as just outlined within a reasonable period of days hence, I shall contact authorities to begin investigation of this incident. As I'm sure you know, the this type of offense when pursued across state lines and/or through interstate communications is a federal offense. Regardless of your firm's culpability or innocence, I am sure you want to avoid the negative impact an FBI investigation would have on your business and personal dealings. This situation must be rectified without delay and to my full satisfaction. Please contact me now.
 

RichPLS

Champion
Awesome, and good luck. I just hope that this was an honest dishonest mistake. Cause if they are dishonest, there is not much legal action that will shut them down, sadly.
I had same type of activity from Neqx Next International remarking products falsely via BIOS and modding trying to pass it off as genuine. I got visa involved, and filed complaint, also to BBB. All I ended up getting was refund. And they are still in business

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<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

priyajeet

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May 21, 2004
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call ur credit card company and file a dispute. return the product 1st by RMAing it. Leave a BAD feedback for them on resellerratings, bizrate and pricewatch.

:tongue: <A HREF="http://www.geocities.com/priyajeet/fing.jpg" target="_new"><i><font color=red>Very funny, Scotty.</font color=red><font color=blue> Now beam down my clothes.</font color=blue></i></A> :tongue:
 

coylter

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Sep 12, 2003
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Sue them...

Click <font color=blue><A HREF="http://www.albinoblacksheep.com/flash/you.html" target="_new">HERE</A></font color=blue> if you real<b>l</b>y are an <font color=red>idiot</font color=red>.
 

RichPLS

Champion
Sueing will not get you anything over the cost of replacement and shipping.
Credit card co will do same without a suit.

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

RichPLS

Champion
That is unless you can attach some damage done by this card, like screwing up the research data on the genome project which caused you to miss the deadline for the 10 million dollar X-Prize. Which in turn caused your wife to divorce you, your boss to fire you and you dog committed suicide over the dissapointment of it all.

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

priyajeet

Distinguished
May 21, 2004
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well, 1 thing to notice.

how did they send the card ? is it OEM ? if not what does the reatil box say ? if that says XT, the n i bet it must be XT. Bcos GAmexe can mod your card, but not create a box for it by magic. See the manufacturers site, do they have the same box ?

:tongue: <A HREF="http://www.geocities.com/priyajeet/fing.jpg" target="_new"><i><font color=red>Very funny, Scotty.</font color=red><font color=blue> Now beam down my clothes.</font color=blue></i></A> :tongue:
 
Yep, Call Credit Card company ASAFP.


- You need a licence to buy a gun, but they'll sell anyone a stamp <i>(or internet account)</i> ! - <font color=green>RED </font color=green> <font color=red> GREEN</font color=red> GA to SK :evil:
 

dhlucke

Polypheme
Contact your CC company and dispute the charge, post to resellerratings.com, and contact the BBB if they are a member.

</font color=red><i><font color=red>GOD</font color=red> <font color=blue>BLESS </font color=blue><font color=red>AMERICA
 

Crashman

Polypheme
Former Staff
You can sue them for fraud however, seek punitive damages, and file a criminal suit as well (larceny by conversion for example).

<font color=blue>Only a place as big as the internet could be home to a hero as big as Crashman!</font color=blue>
<font color=red>Only a place as big as the internet could be home to an ego as large as Crashman's!</font color=red>
 
Except the you would need a decent lawyer to make that one stick, and an even better one to be able to get enough money out of it to make it worth while (Not to mention the amount of legal fees you would incure while waiting for your settlement).

At least our legal system works for someone, just not the little guy. :smile:

My Desktop: <A HREF="http://Mr5oh.tripod.com/pc.html" target="_new">http://Mr5oh.tripod.com/pc.html</A>
 

Crashman

Polypheme
Former Staff
You might be able to get $2k in punitive damages through Small Claims, and criminal fraud charges such as Larceny By Conversion should be handled by the local court.

<font color=blue>Only a place as big as the internet could be home to a hero as big as Crashman!</font color=blue>
<font color=red>Only a place as big as the internet could be home to an ego as large as Crashman's!</font color=red>
 

RichPLS

Champion
Thinking big, I like it.

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

RichPLS

Champion
Only problem, small claims won't do [-jack-] unless its in you state.

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 
This probably varies from state to state, but are you sure you can get punitive damages in small claims?

My Desktop: <A HREF="http://Mr5oh.tripod.com/pc.html" target="_new">http://Mr5oh.tripod.com/pc.html</A>
 

RichPLS

Champion
and if ya could, would it be enforcable?

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

RichPLS

Champion
and if ya could, would it be enforcable?

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

Acert93

Distinguished
May 29, 2003
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18,680
Like a few others said: Call your CC company ASAP. Do not delay.

CC companies are customer advocates and actively seek to prevent merchant fraud, ESPECIALLY on the internet. I worked for a hosting company for about 3 years, and when CC charges were challenged--even if we had a contract--it was VERY hard to recoup the funds. If you send your CC company what you wrote plus some pictures I am sure they will put the funds back in your account.

They will then contact the company and request they either resolve the situation or prove you are lying.

Do not, unless the CC companies says to, send the product back. The company may try to charge you 15% restocking fee.

Personally, I suggest communicating clearly with them through email. That way if they try to pull a fast one you will have the firm proof.

And finally, forget sueing. The time and effort will be a waste of time. Instead, REPORT THEM TO THE BBB ONLINE IF THEY DO NOT RESOLVE THIS ASAP (i.e. by Weds). Reviews on pricewatch, pricegrabber, and so forth are nice and all, but reporting them to the BBB could do real *business* damage if they do not remedy.

<P ID="edit"><FONT SIZE=-1><EM>Edited by Acert93 on 10/18/04 12:54 PM.</EM></FONT></P>
 

priyajeet

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May 21, 2004
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He guys, he needs to find out 1st for sure that they did send him a modded version of the card. As i said before if it was a retail version, they cant just produce a box/manual for it. Maybe the manufacturer does that modding.

:tongue: <A HREF="http://www.geocities.com/priyajeet/fing.jpg" target="_new"><i><font color=red>Very funny, Scotty.</font color=red><font color=blue> Now beam down my clothes.</font color=blue></i></A> :tongue:
 

RichPLS

Champion
an it dont seem like he is talking.

_____________________________________________
<font color=red> And the sign says "You got to have a membership card to get inside" Huh
So I got me a pen and paper And I made up my own little sign </font color=red>
 

phsstpok

Splendid
Dec 31, 2007
5,600
1
25,780
My $0.02.

Personally, I would a have left your claim of theft in your stern letter as a second contact. Pissing off a vendor never makes them more agreeable. I would have sent a letter (or email) or made a phone call and simply stated my complaint. I would have given the vendor the benefit of a doubt. You never know, your video card might be a restocked item, returned by some #%#$%$ customer who would have been the guilty party. The vendor might be an unwitting accomplice. In evidence of this possibilty, take a look at ResellerRatings.com. GameVE.com has had a very good track record.

Give the vendor a chance to the correct the issue. Ask for your money back or a for replacement. Try to get the vendor to correct the problem. Only then return your video card. Keep it until you are satisfied. It's your proof.

Second, if you don't get reasonable action in a reasonable amount of time then contact your credit card company and have the charge re-credited. They will ask if you have tried everything possible with the vendor before they will re-credit, anyway.

Third, if your purchase was shipped by US Post then contact the Post Master General. Mail fraud is a federal offense. Making a claim will get action. (I'm not sure US mail fraud laws cover third party shippers, though).

I've had a couple of non-responsive people with auctions. Just the threat of a mail fraud complaint has resulted in fast action but don't make the threat to soon.

If it comes to that third step, take pictures of your video card and your findings. Get a screen clip of item from the vendors website. Make photo copies of your invoice, emails, letters. Basically, record everything.

Fourth, contact the better Business Bureau for the state in which the vendor operates. Generally, if it comes to this you probably have not received adequate satisfaction from a vendor. You complaint may help potential future customers.

<b>A mind is a terrible thing</b>
 

Crashman

Polypheme
Former Staff
I like the idea of criminal charges!

<font color=blue>Only a place as big as the internet could be home to a hero as big as Crashman!</font color=blue>
<font color=red>Only a place as big as the internet could be home to an ego as large as Crashman's!</font color=red>
 

xlodo

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Jun 8, 2003
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So how did it go?
Reason I ask is that I've bought 2x 9600 128 mb pro's, 1x ti4200 128mb and 1x 6800gt (2 weeks or so ago) and only had one problem, which was that the day I ordered the 4200, they got back to my email saying it was out of stock, but that they would send me a 4400 for the same $90 (this was a year ago). I called them and the next day the 4400 was shipping.
I've also bought 3 nec 2500's and 2 pioneer 107d's and shipping/prices/quality have been great.
Let us know how it went. I wouldn't like to go back to them having doubts regarding any changes that might have happened there recently.
Regards!
 

phial

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Oct 29, 2002
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It was probably some card a customer tried to flash, and they returned it and was restocked or something.. sucks!!

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Brand name whores are stupid!