Opened Vista Ultimate Upgrade

NoWhereM

Senior member
Oct 15, 2007
543
0
0
I just purchased a copy of Windows Vista Ultimate upgrade that was supposed to be new and sealed. When it arrived the container looked pretty worn. While I was looking at it trying to figure out how to open it I saw part of the Certificate of Authenticity at the top had been ripped off. The part that was ripped off stops exactly at the seal at the top you are supposed to cut to open.

I can only assume that this was opened and used before it was sent to me. There's just no other reason for it to be torn in that manner. Obviously someone very carefully pulled up this seal but in the end ripped off part of the label. Is this product even useable now? Won't it be tied to another copy of Windows, either XP or 2000 and to another set of hardware? I don't want to go any further with this, either by opening it or whatever, if this is just going to be $120 down the drain.
 

drebo

Diamond Member
Feb 24, 2006
7,034
1
81
The clear plastic seal cannot be taken off without ripping through the paper sticker on the top. If that sticker is still intact, the product should be OK. If that sticker is not OK, then you should demand a refund.

The CD and key code should work, but you don't want to play with fire.
 

tealk

Diamond Member
May 27, 2005
4,104
0
76
I sold this to him. THIS IS BRAND NEW IN BOX. I even sent the original sales receipt with it, dated ONLY DAYS before the sale and ship date.

As I stated in your PM Sir...INSTALL IT.....IT WILL WORK. I DONT LIE, AND I HAVE NEVER OPENED THE BOX.

I also demand an apology when you figure out your assumptions are 100% wrong.
(diamond member, 100% heatware, 3300 posts...yeah I'm here to just screw people, obviously)
 

NoWhereM

Senior member
Oct 15, 2007
543
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0
It is the sticker on the top that isn't intact, it is ripped in a strip from the security seal to the other side of the sticker.

I'll pull out my digital camera and take a picture so you can see exactly what I'm talking about. It may take me a while, I don't currently have a photo hosting account so I'll have to look around and find one.
 

tealk

Diamond Member
May 27, 2005
4,104
0
76
The only reason why that part on the COA might be ripped off is because I taped the receipt to the box, and it must have covered part of the COA. So when it was removed it took some of it off. Look a the tape and see if this is the case.

Seriously...Install it, and this will be over, as you will see it will work as expected.

Someone wanna back me up here?
(This is a retail version of Microsoft Windows Vista Ultimate upgrade-purchased at BestBuy)
 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
No apology coming, and I will be leaving negative heat for the first time, but I don't believe that this was opened. While setting up my camera I noticed a piece of scotch tape on the photocopied receipt the seller included, and on that tape is the rest of the Certificate of Authenticity.

Even though the seller agreed to ship this item in a box, I told him I wouldn't buy it otherwise, and even though I told him the condition of the box was important to me, he shipped it in a padded envelope and taped the photocopied receipt to the Certificate of authenticity.

If you can't even honor the agreement we made as far as how the item is shipped, you shouldn't be surprised when I suspect you've sold me an opened copy of software. Also, you either shipped it with a cracked case or it was cracked in shipment.
 

lxskllr

No Lifer
Nov 30, 2004
60,127
10,596
126
Originally posted by: tealk
The only reason why that part on the COA might be ripped off is because I taped the receipt to the box, and it must have covered part of the COA. So when it was removed it took some of it off. Look a the tape and see if this is the case.

Seriously...Install it, and this will be over, as you will see it will work as expected.

Someone wanna back me up here?
(This is a retail version of Microsoft Windows Vista Ultimate upgrade-purchased at BestBuy)


As long as it isn't currently installed on any other computer it'll work fine. Even if it was installed at one point, it'll work. It's limited to 1 computer at a time, but it can be transferred multiple times.
 

Daaavo

Platinum Member
May 23, 2000
2,238
1
81
Patrick, I've dealt with tealk several times in the past and I can guarantee you that he is not ripping you off. In fact, I will vouch for him 100%.

How about installing the OS and seeing what happens???



dave





 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
As I said above, I don't now believe it was opened, though I'm not completely certain. From what I've seen posted here it should work regardless, unless the serial is in use.

But from what I posted above I think you can understand why I would see that and suspect it was opened.
 

Viper GTS

Lifer
Oct 13, 1999
38,107
433
136
Don't you think that is slightly paranoid, given that you pulled a taped receipt off of it? A little common sense would have avoided this thread entirely.

The cracked case is unfortunate, but hardly worthy of a negative evaluation. Why would you even threaten such a ridiculous thing?

Viper GTS
 

Daaavo

Platinum Member
May 23, 2000
2,238
1
81
Originally posted by: NoWhereM
But from what I posted above I think you can understand why I would see that and suspect it was opened.


Actually, no, no I can't. I think you're being highly overreactive and a simple PM to tealk conveying your concerns would have been more appropiate. And/or simply installing the upgrade and seeing how it went.

Do you really think a 100+ positive Heat member is going to ruin his rep over a $120 deal?

 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
Originally posted by: Viper GTS
Don't you think that is slightly paranoid, given that you pulled a taped receipt off of it? A little common sense would have avoided this thread entirely.

The cracked case is unfortunate, but hardly worthy of a negative evaluation. Why would you even threaten such a ridiculous thing?

Viper GTS

I made it clear before I purchased this that it had to be shipped in a box. He agreed to ship it in a box. The day he shipped it, or the day after, he sends me a pm saying he's shipped it in a padded envelope. When I responded and asked him how he wanted to handle this if it arrived damaged his only reply was the serial number would be included. He had my money, and he had proof of shipping for Paypal, and as far as he was concerned that was my tough luck. If you already know someone has broken the agreement they had with you, and basically refused to repond in a meaningful way, it isn't that hard to believe they would also send something other than what you paid for.

The tape pulled off part of the Certificate of Authenticity not because I was careless, but becuase I pulled it out of a padded envelope and the photocopy was stuck inside the envelope.

And as far as any other shots at me making a big deal about this, read my op. I asked if I would still be able to use what I had gotten. The seller decided to call me out, not the other way around.
 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
Originally posted by: Daaavo
Originally posted by: NoWhereM
But from what I posted above I think you can understand why I would see that and suspect it was opened.


Actually, no, no I can't. I think you're being highly overreactive and a simple PM to tealk conveying your concerns would have been more appropiate. And/or simply installing the upgrade and seeing how it went.

Do you really think a 100+ positive Heat member is going to ruin his rep over a $120 deal?


And again, he called me out of this thread, not the other way around. After breaking our agreement and refusing to respond in a meaningful way he called me out on this thread. Read the op again.
 

tealk

Diamond Member
May 27, 2005
4,104
0
76
Ok here it goes.
Patrick (NoWhereM) I am sorry that your case came cracked to you. I would like to reach an understanding that if indeed the software works as I know it will. That we put this behind us and consider it resolved and settled. It was never my intention in any way to not send it to you in a box. My wife misunderstood my directions. But I assume that responsibility.
Again sorry that case the that contained Microsoft Windows Vista Ultimate was cracked upon arrival. Again it is brand new and never used, and you WILL NOT have a problem registering it in any way at all.

Thank You for your business.
Tealk
 

compman25

Diamond Member
Jan 12, 2006
3,767
2
81
Originally posted by: NoWhereM
Originally posted by: Viper GTS
Don't you think that is slightly paranoid, given that you pulled a taped receipt off of it? A little common sense would have avoided this thread entirely.

The cracked case is unfortunate, but hardly worthy of a negative evaluation. Why would you even threaten such a ridiculous thing?

Viper GTS

I made it clear before I purchased this that it had to be shipped in a box. He agreed to ship it in a box. The day he shipped it, or the day after, he sends me a pm saying he's shipped it in a padded envelope. When I responded and asked him how he wanted to handle this if it arrived damaged his only reply was the serial number would be included. He had my money, and he had proof of shipping for Paypal, and as far as he was concerned that was my tough luck. If you already know someone has broken the agreement they had with you, and basically refused to repond in a meaningful way, it isn't that hard to believe they would also send something other than what you paid for.

The tape pulled off part of the Certificate of Authenticity not because I was careless, but becuase I pulled it out of a padded envelope and the photocopy was stuck inside the envelope.

And as far as any other shots at me making a big deal about this, read my op. I asked if I would still be able to use what I had gotten. The seller decided to call me out, not the other way around.

Do you plan on sleeping with the box? If the key was included and it works, who cares if the box is cracked?
 

NoWhereM

Senior member
Oct 15, 2007
543
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0
Originally posted by: compman25
Do you plan on sleeping with the box? If the key was included and it works, who cares if the box is cracked?

I do. And thank you for pointing out that you aren't that concerned with living up to any agreements you make here on the forums. It's always nice when someone thinks as long as they're satisfied with what they've sent it doesn't matter if they actually fully live up to their end of an agreement.

I was told help arrive for the seller "in a minute". I don't bully and I don't appreciate someone who can't keep their word trying to make me out to be the bad trader. Really, it should have been dropped after the last post.
 

mancunian

Senior member
May 19, 2006
404
0
0
Originally posted by: NoWhereM
I was told help arrive for the seller "in a minute". I don't bully and I don't appreciate someone who can't keep their word trying to make me out to be the bad trader. Really, it should have been dropped after the last post.

He's even gone and apologised to you a little further up. Basically, he's sold you a copy of Windows that if you install it, will work. What's the problem?

From where I'm standing, it is you who is being an a$$. It appears the case got cracked in transit and the seller's wife made an error. Shit happens, but it isn't like you can't use what you've been sold.

 

Smilin

Diamond Member
Mar 4, 2002
7,357
0
0
Originally posted by: tealk
Ok here it goes.
Patrick (NoWhereM) I am sorry that your case came cracked to you. I would like to reach an understanding that if indeed the software works as I know it will. That we put this behind us and consider it resolved and settled. It was never my intention in any way to not send it to you in a box. My wife misunderstood my directions. But I assume that responsibility.
Again sorry that case the that contained Microsoft Windows Vista Ultimate was cracked upon arrival. Again it is brand new and never used, and you WILL NOT have a problem registering it in any way at all.

Thank You for your business.
Tealk

I might have a big sucker for a head and be some kinda idiot but Tealks explanation sounds pretty reasonable to me and my vote is he's telling the truth.

Unless that thing causes you to phonecall to activate I would say giving him negative heat points would be bad form sir.
 

tcsenter

Lifer
Sep 7, 2001
18,940
569
126
Originally posted by: NoWhereM
Even though the seller agreed to ship this item in a box, I told him I wouldn't buy it otherwise, and even though I told him the condition of the box was important to me, he shipped it in a padded envelope and taped the photocopied receipt to the Certificate of authenticity.
It sounds as though you were not savvy or informed enough as a buyer to avoid using terms or language that would almost guarantee a misunderstanding.

The term 'box' or 'boxed' as it relates to ANY retail product but especially software refers to the manufacturer product packaging, not the shipping carton. e.g.

AMD Processor in Box = retail package
Intel Boxed Processor = retail package
Intel Boxed Motherboard = retail package
Boxed software = retail package

Software typically comes in box, jewel case, or CD sleeve/shrink wrap packaging. Boxed software is universally understood to be retail, while jewel case or sleeve/wrap are either bulk, OEM, academic, or some kind of promotional packaging.

When you say something like 'make sure the software comes with' or 'in a box', you are referring to retail packaging (whether or not you intended to or understood that you were).
 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
Yes, that was very big of him. Our express agreement was:

Me: I would need it shipped inside a cardboard box, I live in a rural area and almost every time I've gotten a game or movie in a padded envelope the game/movie box is either crushed if it's cardboard or broken if it's plastic.

Seller: I can get it out tomarrow via DHL most likely...or if to rural....then USPS. And cardboard box is no problem.

So now he posts in his apology:

I would like to reach an understanding that if indeed the software works as I know it will. That we put this behind us and consider it resolved and settled.

Wow, that's quite an offer isn't it. He's willing to forgive and forget. No hard feelings. There's just one problem, he broke our deal, I didn't. The gaul for him to suggest that he's willing to call it good as long as it works seems to getting missed here. If you really thought that was a heartfelt apology you need to try reading it again. Did you see any offer to make good on this? I didn't, and nobody else seems to think he needs to.

Seriously, do I really have an option at this point other than to warn future customers that this seller feels it's perfectly acceptable to change the deals he makes after he's been paid just as a matter of convenience? It was to much trouble for him to ship it himself, it was to much trouble for him to find a box, and it saved him a few cents. If that's your kind of seller you're certainly welcome to deal with him. I personally don't find that type of trader appealing.
 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
And another attack. tcsenter I suggest you read my post below your's. You will see you're not even close, but I'm sure you can think of other ways to attack my character. I mean how dare I expect a diamond member of these forums to live up to their agreements.
 

tcsenter

Lifer
Sep 7, 2001
18,940
569
126
You failed to clarify previously just what your expressed communications were about the product shipping or packaging. Now that you have, my speculation is obviously wrong but your muddled posts to this point left the door wide open to speculation.

Nobody is attacking your character. We take exception to your rigid expectation that nobody ought to ever make a mistake (except for you, no doubt), your initial failure to notice obvious signs of how the COA became damaged, your careless knee-jerk conclusions that you had somehow been sold used or opened goods, which you now admit were factually wrong, and your poor decision to publicly assert some unethical or dishonest conduct or motive on the part of the seller before you had all the facts.

Whether or not all of those actually are indicators of your character, they are now documented for posterity and any future sellers should take this into consideration before entering into any agreement with you.
 

mancunian

Senior member
May 19, 2006
404
0
0
Originally posted by: NoWhereM
Yes, that was very big of him. Our express agreement was:

Me: I would need it shipped inside a cardboard box, I live in a rural area and almost every time I've gotten a game or movie in a padded envelope the game/movie box is either crushed if it's cardboard or broken if it's plastic.

Seller: I can get it out tomarrow via DHL most likely...or if to rural....then USPS. And cardboard box is no problem.

So now he posts in his apology:

I would like to reach an understanding that if indeed the software works as I know it will. That we put this behind us and consider it resolved and settled.

Wow, that's quite an offer isn't it. He's willing to forgive and forget. No hard feelings. There's just one problem, he broke our deal, I didn't. The gaul for him to suggest that he's willing to call it good as long as it works seems to getting missed here. If you really thought that was a heartfelt apology you need to try reading it again. Did you see any offer to make good on this? I didn't, and nobody else seems to think he needs to.

Seriously, do I really have an option at this point other than to warn future customers that this seller feels it's perfectly acceptable to change the deals he makes after he's been paid just as a matter of convenience? It was to much trouble for him to ship it himself, it was to much trouble for him to find a box, and it saved him a few cents. If that's your kind of seller you're certainly welcome to deal with him. I personally don't find that type of trader appealing.


:Q

Nobody seems to think he needs to make it good because he sold you a WORKING and legit copy of Windows, albeit one that:

1. Wasn't packaged to your expectations
2. Had damamed packaging


Now, he's already come on here and offered, quite politely I might add, his apologies for 1. 2. is down to the courier given the unfortunate fact that 1. happened, they shoulda been more careful. I've never known them to be that though, have you?


Also, nobody seems to think he needs to rectify the situation because since it blew up, you have come on screaming and vilifying him. His only misdemeanour is being a bit flippant with his first reply, he's been rather polite since.

And his flippancy was most likely only borne out of the fact that you have made a massive mountain out of a molehill with this thread. In retrospect, I can kinda understand his flippancy, that doesn't excuse it though.

Stop being overreactionary, if you have a problem with tealk, PM him instead of publicly vilfying him here. Because that aint making you look good my friend.


You might find if you're reasonable with him, he might just be reasonable back. I'm sorry if you feel attacked by this and my other post, that certainly wasn't my intention. I'd tell any mate if I thought he was being an a$$.
 

NoWhereM

Senior member
Oct 15, 2007
543
0
0
And again you take a shot that's so far off the mark it's absurd. Try reading the entire thread. I didn't call out the seller, the seller came here and called me out.

But I guess after posting something that useless you had to find some way to attack me again.