.

[pkypkypky]

Here's what happened:

I sold WINME software to someone. I listed it as used WinME Upgrade

He received today and complained it was not the UPGRADE version but the promotional step up version which upgrades from win98 instead of win95 and is is a huge difference in the two in terms of value

I told him I did not even know there were two different type of non-full packages and to send it back and I'd refund him full of what he paid including shipping charges to him.

He says it was my mistake and demands I should pay for the shipping charge back also


Just want to hear some advice. I'll try to be fair about it...

I definitely admit that I listed it as a WINME ugprade, not specifying it was the promotional step-up.

But I listed it as an upgrade (without regard to what version), of which it is, even though there are two different types of upgrade packages out there (I didn't know).

LOWDOWN: I should have put more detail in my description or he should have asked.

Just note that I wasn't intentionally trying to sell one version for the other, so please no posting with regards to that. I want to do what's fair and know if I am at 100% fault to pay for s/h back. No name-calling please, just your thoughts

 

[Orsorum]

I have never heard of any difference between an upgrade from Win95 or from Win98.

 

[her209]

Does it say on the box that it does only 98?

 

[Hossenfeffer]

Well, you could always have them send it back media mail with delivery confirmation or something. Heck, even priority would only be $4 or so. I'd recommend just taking the loss. The buyer "could" offer to ship it back, understanding what happened. He "could" have asked more questions about the software.

I'd say take the couple dollars hit as a learning experience and be done with it.

 

[Corporate Thug]

how much can shipping for a cd cost?

 

[Ns1]

if you buy a defective product from the store the store doesn't refund your gas money now does it.

christ it's like 4 bucks it's not a big deal

 

[AFSOC_Commando]

Buyer beware... If he knew so much about different releases he should have vhevked before he bought it.

When it comes to software I don't list every little thing,

EXAMPLE: Tribes PC-game came with different versions after its initial release v1.1, 1.3 etc...

So I don't think you owe him a thing, but if your going to be a nice guy and refund what he sent you he should at least not sweat the $4 for priority USPS or $2 media charge

Don't give it to him unless you really believe him, he could be one of those whiners who complains until people give in to him.

I think your being generous

 

[pkypkypky]

I'm sure the box would say that in the requirements or on front since those boxes usually says those type of things.


Heck, I was looking for my WIN98 CD when he first mentioned it that I would have sent him to get the sale done.

I know it ain't THAT much, but I stand to lose $4.50 priority + shipping back

It's more about the principle of it now. Plus I was a little hestitant after he demanded it. Just wanted to make hear some thoughts before I decided.

 

[AgaBoogaBoo]

Tell him he should have asked at the time which one it was. You sold it on the information given, none was asked for that you didn't answer, so legally you don't have to refund it.

 

[Koing]

He should of asked you if he knew so much about it. I didn't know myself. I would have asked. I make everything clear before I buy anything.

Koing

 

[DaveSimmons]

Speaking as a goody-two-shoes:

If the box has a big sticker on it saying it's a 98-only "promotional step-up" then I'd feel bad enough about not listing it (even by accident) that'd I'd pay the 2x shipping.

If it were more subtle than that, I'd go with the majority and say it's a shared mistake and you eating the cost of one-way shipping is fair.

 

[MrYogi]

If he knew so much about it, he should have asked first. Is he an established trader?

first class mail would be $1.30.

 

[Hossenfeffer]

I'll chip in $1.00 for shipping the thing back. I'm guessing you're just posting to get more folks on board with ya and make you feel better about what you'd "like" to do. I don't blame you. In this case, getting a quicker resolution is preferrable. IMHO.

I'd recommend either media mail with DC or Priority Mail with DC (probably the latter).

It can be argued that either party could have, should have, or would have better information on the item they were buying/selling. The thing is, we're dealing with humans. And since none of us really do this all the time, it's perfectly understandable for both parties to assume things and equally understandable when those expectations go unfulfilled.

 

[EyeMWing]

... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

 

[EyeMWing]

Oh yeah, and post his name so the rest of us can be careful with teh softwarez.

 

[Lvis]

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

 

[Hossenfeffer]

Originally posted by: L vis

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

Color me crazy, but what does how poor/well WinME will run on a machine have to do with things? Also, it's dangerous business to get into speculation about what the person "probably" did. As far as we know, he got it in the mail today, opened up and noticed it wasn't what he thought he was getting.

 

[iwearnosox]

Tell him he's a hippie and he sleeps alone.

 

[Lvis]

Originally posted by: Hossenfeffer

Originally posted by: L vis

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

Color me crazy, but what does how poor/well WinME will run on a machine have to do with things? Also, it's dangerous business to get into speculation about what the person "probably" did. As far as we know, he got it in the mail today, opened up and noticed it wasn't what he thought he was getting.

Well his reason just doesn't "ring true". It's very doubtful he is going to upgrade a win95 machine to win me.

 

[Spac3d]

Uh just use USPS media mail - I bet it will cost under $2. I would gladly pay $2 to make sure I don't get back bad feedback.

 

[Hossenfeffer]

Originally posted by: L vis

Originally posted by: Hossenfeffer

Originally posted by: L vis

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

Color me crazy, but what does how poor/well WinME will run on a machine have to do with things? Also, it's dangerous business to get into speculation about what the person "probably" did. As far as we know, he got it in the mail today, opened up and noticed it wasn't what he thought he was getting.

Well his reason just doesn't "ring true". It's very doubtful he is going to upgrade a win95 machine to win me.

Why is that doubtful? If someone wants an upgrade to WinME, that's his funeral.

 

[kt]

Hmmm.. sounds kinda fishy to me. What's stopping him from making copies of the CD already? My policy with software sales is always non-refundable. If he knew there is such a thing as Win95->WinMe upgrade version, he should ask the question before making the purchase.

 

[BD2003]

Originally posted by: Hossenfeffer

Originally posted by: L vis

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

Color me crazy, but what does how poor/well WinME will run on a machine have to do with things? Also, it's dangerous business to get into speculation about what the person "probably" did. As far as we know, he got it in the mail today, opened up and noticed it wasn't what he thought he was getting.

I'm the person in question, and this is exactly what happened. What I thought I was buying, and should have received, was Windows ME Upgrade. I received the limited time, special promotional "step-up" that microsoft only had out for 6 months. That was over 3 years ago, was out for a limited time, and I had pretty much forgotten it existed. Granted I could have asked to make sure that I wasnt getting a step-up, but I saw no reason to question it. His post said upgrade, why should I assume its anything but upgrade? Besides, it doesnt even say upgrade ANYWHERE on the box I received!

Its not an issue about anything but whether or not I'm getting what I paid for. How well winME runs on a system or what operating systems it runs on have absolutely nothing to do with this. I'm from the camp that believes that if a seller misrepresents or screws up in any way during the deal, its THEIR responsibility to make it right, not the buyers. I dont see why I should have to pay to ship it back to him, when I wasn't the one in error. Its 4 dollars, but its also the pain in the ass of packing and waiting on the damn post office line for another hour.

And its just the entire principle of the matter. If you order a cheeseburger, and they bring you out a hamburger would you just eat it anyway and not say a thing? Of course not. And then when the waiter told you you'd have to pay a recooking fee because of they messed up your order, how would you feel?

I dont feel that any of this was done with any sort of intent, its just a misunderstanding. But that still doesnt mean that the seller shouldnt take responsibility for it.

 

[Ness]

Originally posted by: BD2003

Originally posted by: Hossenfeffer

Originally posted by: L vis

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

Color me crazy, but what does how poor/well WinME will run on a machine have to do with things? Also, it's dangerous business to get into speculation about what the person "probably" did. As far as we know, he got it in the mail today, opened up and noticed it wasn't what he thought he was getting.

I'm the person in question, and this is exactly what happened. What I thought I was buying, and should have received, was Windows ME Upgrade. I received the limited time, special promotional "step-up" that microsoft only had out for 6 months. That was over 3 years ago, was out for a limited time, and I had pretty much forgotten it existed. Granted I could have asked to make sure that I wasnt getting a step-up, but I saw no reason to question it. His post said upgrade, why should I assume its anything but upgrade? Besides, it doesnt even say upgrade ANYWHERE on the box I received!

Its not an issue about anything but whether or not I'm getting what I paid for. How well winME runs on a system or what operating systems it runs on have absolutely nothing to do with this. I'm from the camp that believes that if a seller misrepresents or screws up in any way during the deal, its THEIR responsibility to make it right, not the buyers. I dont see why I should have to pay to ship it back to him, when I wasn't the one in error. Its 4 dollars, but its also the pain in the ass of packing and waiting on the damn post office line for another hour.

And its just the entire principle of the matter. If you order a cheeseburger, and they bring you out a hamburger would you just eat it anyway and not say a thing? Of course not. And then when the waiter told you you'd have to pay a recooking fee because of they messed up your order, how would you feel?

I dont feel that any of this was done with any sort of intent, its just a misunderstanding. But that still doesnt mean that the seller shouldnt take responsibility for it.

This is certainly a sticky situation, and I don't think there is a definate right or wrong. But I do believe that while the buyer should know what they are buying, if it had been listed right in the first place, this would not have happened. Therefore, the seller should eat the cost of shipping.
When you list WindowsME as an "upgrade" what I would take away from that is you can use this to upgrade a previous version of windows to ME. (any research done about ME tells me that I can't upgrade from 3.1 or earlier, obviously). This was not what it was, though. Although the seller made a mistake, they are still liable. But because it was a mistake, it should be taken lightly and shouldn't turn into negative evals for both parties.

Anyone can search the intarweb for the UPC code on the box and provide a link to the product. This would have elimated the problem before it started.

PS, the title of this thread is misleading. It's like it's saying someone is trying to make you pay twice the shipping charges as a refund.

 

[PlatinumGold]

Originally posted by: ness1469

Originally posted by: BD2003

Originally posted by: Hossenfeffer

Originally posted by: L vis

Originally posted by: EyeMWing
... WinME is not going to run worth a crap on a machine that runs WinXP at lightning speed, much less a machine that runs Win95. Eat it, never trade with him again. He probably copied it.

My thoughts exactly.

Color me crazy, but what does how poor/well WinME will run on a machine have to do with things? Also, it's dangerous business to get into speculation about what the person "probably" did. As far as we know, he got it in the mail today, opened up and noticed it wasn't what he thought he was getting.

I'm the person in question, and this is exactly what happened. What I thought I was buying, and should have received, was Windows ME Upgrade. I received the limited time, special promotional "step-up" that microsoft only had out for 6 months. That was over 3 years ago, was out for a limited time, and I had pretty much forgotten it existed. Granted I could have asked to make sure that I wasnt getting a step-up, but I saw no reason to question it. His post said upgrade, why should I assume its anything but upgrade? Besides, it doesnt even say upgrade ANYWHERE on the box I received!

Its not an issue about anything but whether or not I'm getting what I paid for. How well winME runs on a system or what operating systems it runs on have absolutely nothing to do with this. I'm from the camp that believes that if a seller misrepresents or screws up in any way during the deal, its THEIR responsibility to make it right, not the buyers. I dont see why I should have to pay to ship it back to him, when I wasn't the one in error. Its 4 dollars, but its also the pain in the ass of packing and waiting on the damn post office line for another hour.

And its just the entire principle of the matter. If you order a cheeseburger, and they bring you out a hamburger would you just eat it anyway and not say a thing? Of course not. And then when the waiter told you you'd have to pay a recooking fee because of they messed up your order, how would you feel?

I dont feel that any of this was done with any sort of intent, its just a misunderstanding. But that still doesnt mean that the seller shouldnt take responsibility for it.

This is certainly a sticky situation, and I don't think there is a definate right or wrong. But I do believe that while the buyer should know what they are buying, if it had been listed right in the first place, this would not have happened. Therefore, the seller should eat the cost of shipping.
When you list WindowsME as an "upgrade" what I would take away from that is you can use this to upgrade a previous version of windows to ME. (any research done about ME tells me that I can't upgrade from 3.1 or earlier, obviously). This was not what it was, though. Although the seller made a mistake, they are still liable. But because it was a mistake, it should be taken lightly and shouldn't turn into negative evals for both parties.

Anyone can search the intarweb for the UPC code on the box and provide a link to the product. This would have elimated the problem before it started.

PS, the title of this thread is misleading. It's like it's saying someone is trying to make you pay twice the shipping charges as a refund.

I disagree, misunderstandings and miscommunications HAPPEN in trades. the way you make them go smoothly is to realize that both parties are going to take a hit. the buyer should assume SOME responsibility and assuming responsibility for the shipping does NOT seam unreasonable.

ultimately it's what the two negotiate and i disagree with the buyers stand that the seller should pay his shipping back.