What to do about false advertising?

[coolpurplefan]

I emailed the company about it yesterday and haven't had a reply yet.

I ordered a particular type of hardware from a particular online retailer and received my order today. The invoice in the box and the invoice in my email as well as their website have incorrect specifications for what I ordered. The manufacturer's website as well as the box the hardware came in confirm it's the wrong specifications.

I had asked in my last email to them for a free upgrade. However, I just received my order right after emailing them.

What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade. But, they haven't replied yet.

 

[JackMDS]

"Would you contact a lawyer"?

It is on a level of few thousands $$ contact one.

Legal fees would cost you much more than the disputed goods.

 

[bendixG15]

In the real world, all you can do is return the thing for a refund.

You can forget the legalese wrong spec stuff, because you bought the item, not the specs. If you had published the specs and invited vendors to supply per your spec, then you would have legal recourse.

If you want to go the legal route, then best bet is small claims court. You can plead your case in front of a judge. But then even if you win, the company will probably ignore the court. Then you can hire a lawyer to sue for payment. Takes a while to do all this.

So, just send the damn thing back for a refund and get on with your life

 

[tcsenter]

Originally posted by: coolpurplefan
What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade.

Yes, immediately contact an attorney upon every incident where you receive something different or less than was expected. Your legal fees over an average adult lifetime should only amount to several million dollars.

Or you could grow up and allow them reasonable time and opportunity to correct the problem. Either way.

 

[mpilchfamily]

As with everything there are disclaimers in adds. They all say almost the same things. Basicly they say the product you receive may vary from the one you ordered. Usually its in the specs or look of the item. Just talk to the company. Explain what you wanted and that you didn't get what you wanted.

 

[Blain]

You haven't heard anything back from them, and you ask about a lawyer?
Did you read their policy on typographical errors?

Newegg, one of the best says...
"Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors."

 

[Zap]

Originally posted by: coolpurplefan
I emailed the company about it yesterday and haven't had a reply yet.

You need a bit more patience.

Most (r)etailers have notices about not being responsible about errors, so you don't have much recourse for getting the product you think you should have gotten for the price they charged you. Now, a company that is concerned with image and customer service may offer you a free exchange, or may pay return shipping, but most companies will not. IMO just suck it up and consider that a lesson in purchasing something sight-unseen. Either keep it, or pay shipping to return it.

 

[Zepper]

The above are giving you the "benefit of the doubt" - I wouldn't. I'd have to be able to see the item(s) and the web pages which you claim have incorrect info before determining who is in the right.

.bh.

 

[JEDIYoda]

Originally posted by: coolpurplefan
I emailed the company about it yesterday and haven't had a reply yet.

I ordered a particular type of hardware from a particular online retailer and received my order today. The invoice in the box and the invoice in my email as well as their website have incorrect specifications for what I ordered. The manufacturer's website as well as the box the hardware came in confirm it's the wrong specifications.

I had asked in my last email to them for a free upgrade. However, I just received my order right after emailing them.

What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade. But, they haven't replied yet.

Why not just tell us what it is you ordered and bought and the name of the company???
Why the secrecy??

 

[Blain]

At this point it's clear the OP jumped the gun and now wants to back away from the topic.

 

[coolpurplefan]

Originally posted by: tcsenter

Originally posted by: coolpurplefan
What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade.

Yes, immediately contact an attorney upon every incident where you receive something different or less than was expected. Your legal fees over an average adult lifetime should only amount to several million dollars.

Or you could grow up and allow them reasonable time and opportunity to correct the problem. Either way.

Grow up? Are you implying my negative reaction is not justified given their FALSE ADVERTISING? Anyway, canadacomputers.com is the one who posted 2x1MB for the AMD 5400+. That's false.

My thinking was, if someone can sue Burger King for a million dollars for a one penny difference based on the mathematical formula they use to charge customers, then I should be able to ask for a free upgrade to the 6000+ because of their illegal business practices. They did not change their website nor did they even answer me for an entire week.

 

[PurdueRy]

Originally posted by: coolpurplefan

Originally posted by: tcsenter

Originally posted by: coolpurplefan
What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade.

Yes, immediately contact an attorney upon every incident where you receive something different or less than was expected. Your legal fees over an average adult lifetime should only amount to several million dollars.

Or you could grow up and allow them reasonable time and opportunity to correct the problem. Either way.

Grow up? Are you implying my negative reaction is not justified given their FALSE ADVERTISING? Anyway, canadacomputers.com is the one who posted 2x1MB for the AMD 5400+. That's false.

My thinking was, if someone can sue Burger King for a million dollars for a one penny difference based on the mathematical formula they use to charge customers, then I should be able to ask for a free upgrade to the 6000+ because of their illegal business practices. They did not change their website nor did they even answer me for an entire week.

So your going to lower yourself to the standard of people who sue companies for minor mistakes?

As for your question of what you should do, you should return the processor if that really makes all the difference in the world to you and, as you already have, inform them of the error so it can be corrected. They should pay for shipping back to the company. No, you shouldn't get anything for free.

 

[NiKeFiDO]

Generally I read as many product reviews as I can to avoid this. I can totally understand not having the time to do that though, now that I'm a workin' man myself and don't feel like spending hours to research a computer build anymore.

 

[coolpurplefan]

Originally posted by: PurdueRy

Originally posted by: coolpurplefan

Originally posted by: tcsenter

Originally posted by: coolpurplefan
What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade.

Yes, immediately contact an attorney upon every incident where you receive something different or less than was expected. Your legal fees over an average adult lifetime should only amount to several million dollars.

Or you could grow up and allow them reasonable time and opportunity to correct the problem. Either way.

Grow up? Are you implying my negative reaction is not justified given their FALSE ADVERTISING? Anyway, canadacomputers.com is the one who posted 2x1MB for the AMD 5400+. That's false.

My thinking was, if someone can sue Burger King for a million dollars for a one penny difference based on the mathematical formula they use to charge customers, then I should be able to ask for a free upgrade to the 6000+ because of their illegal business practices. They did not change their website nor did they even answer me for an entire week.

So your going to lower yourself to the standard of people who sue companies for minor mistakes?

As for your question of what you should do, you should return the processor if that really makes all the difference in the world to you and, as you already have, inform them of the error so it can be corrected. They should pay for shipping back to the company. No, you shouldn't get anything for free.

I'm not talking about getting anything for free. There was maybe a $30 difference in the "free upgrade" I was proposing.

I'm not "lowering myself" to assure that the consumer doesn't get scammed.

And, by the way, I had ordered from canadacomputers.com before and just assumed the specs were right. Not being able to trust a well-known seller is not really an acceptable proposition for customers. THEY'RE THE ONES who should conduct business in an ethical manner so people can trust them.

I was reading a little in "Economics for Dummies" and read patents and contracts are two of the things that helped spark the Industrial Revolution. We've been an electronic society long enough for companies to make typos like that.

 

[Blain]

Information below is from Canada Computers "Terms & Conditions" page

Typographical Errors:

Canada Computers reserves the right in the event of any item listed at an incorrect price or with incorrect information due to a typographical error or an error on information received from our suppliers to decline and/or cancel any orders for the incorrectly listed item.

We may cancel at our discretion orders which may or may not have been confirmed including orders which may have been paid for or charged to your credit card.
In the event a charge has been made to your credit card, Canada Computers will immediately issue a credit to your card to offset the purchase.

Linking and Framing of this website:

Links to this website without the expressed permission of Canada Computers are strictly prohibited.

 

[PurdueRy]

Originally posted by: coolpurplefan

Originally posted by: PurdueRy

Originally posted by: coolpurplefan

Originally posted by: tcsenter

Originally posted by: coolpurplefan
What would you do? Would you contact a lawyer? I'm not happy because I can prove I was misled. I'd just like to settle this thing cheap like have them pay to ship the item back and give me a free upgrade.

Yes, immediately contact an attorney upon every incident where you receive something different or less than was expected. Your legal fees over an average adult lifetime should only amount to several million dollars.

Or you could grow up and allow them reasonable time and opportunity to correct the problem. Either way.

Grow up? Are you implying my negative reaction is not justified given their FALSE ADVERTISING? Anyway, canadacomputers.com is the one who posted 2x1MB for the AMD 5400+. That's false.

My thinking was, if someone can sue Burger King for a million dollars for a one penny difference based on the mathematical formula they use to charge customers, then I should be able to ask for a free upgrade to the 6000+ because of their illegal business practices. They did not change their website nor did they even answer me for an entire week.

So your going to lower yourself to the standard of people who sue companies for minor mistakes?

As for your question of what you should do, you should return the processor if that really makes all the difference in the world to you and, as you already have, inform them of the error so it can be corrected. They should pay for shipping back to the company. No, you shouldn't get anything for free.

I'm not talking about getting anything for free. There was maybe a $30 difference in the "free upgrade" I was proposing.

I'm not "lowering myself" to assure that the consumer doesn't get scammed.

And, by the way, I had ordered from canadacomputers.com before and just assumed the specs were right. Not being able to trust a well-known seller is not really an acceptable proposition for customers. THEY'RE THE ONES who should conduct business in an ethical manner so people can trust them.

I was reading a little in "Economics for Dummies" and read patents and contracts are two of the things that helped spark the Industrial Revolution. We've been an electronic society long enough for companies to make typos like that.

And if they are a ethical company they will allow you to return the item to them for a full refund due to their error. They do not owe you a free upgrade. In fact, asking for that probably hurts your chances more than anything else.

Have you stopped making typos due to the long time you have been using a computer? Are you error-free at work? If not, I don't know how you are claiming that a company should never make accidental errors like this.

 

[coolpurplefan]

Blain, the fact they put a disclaimer in there to sheild them from their own errors doesn't mean they
behave in an ethical manner. They did not correct the web page after I mentioned it to them anyway.
It's like they decided on their own free will that they will: 1. not answer my emails about it. 2. not even
bother to change their web page.

PurudeRy, like I said, they did not even correct their web page after I complained to them. They had
ample time to do so.

Even if it says you cannot post a screenshot of their web site it wouldn't matter to me. I could always
show a copy of the sales receipt. But, that wouldn't prove anything to a bunch of anonymous posters
on the Internet.

When I was a teenager and working at Burger King, I saw a customer get fresh fries after complaining
his fries were cold. Getting descent service is one thing, but misleading customers with false information
then ignoring emails about it and not even correcting their own information is another. I had even sent
them the link to the AMD website.

EDIT: I just googled their website and the second link says: "not responsible for typographical errors". Anywhoo, it still has the incorrect 1MBx2 for the 5400+.

 

[PurdueRy]

Call them instead of e-mailing.

 

[Blain]

Originally posted by: coolpurplefan
Blain, the fact they put a disclaimer in there to sheild them from their own errors doesn't mean they
behave in an ethical manner. They did not correct the web page after I mentioned it to them anyway.
It's like they decided on their own free will that they will: 1. not answer my emails about it. 2. not even
bother to change their web page.

PurudeRy, like I said, they did not even correct their web page after I complained to them. They had
ample time to do so.

Even if it says you cannot post a screenshot of their web site it wouldn't matter to me. I could always
show a copy of the sales receipt. But, that wouldn't prove anything to a bunch of anonymous posters
on the Internet.

When I was a teenager and working at Burger King, I saw a customer get fresh fries after complaining
his fries were cold. Getting descent service is one thing, but misleading customers with false information
then ignoring emails about it and not even correcting their own information is another. I had even sent
them the link to the AMD website.

EDIT: I just googled their website and the second link says: "not responsible for typographical errors". Anywhoo, it still has the incorrect 1MBx2 for the 5400+.

1. You are being very redundant.
2. You are upset and assume they have nothing more productive to do than monitor their customer emails, and pounce on changes. Their IT staff may be part time.
3. They aren't about to change spec information based solely on your email rant.
4. You're having a melt down... You need to send the CPU back or live with it.

 

[Lonyo]

Actually only the product NAME appears to be incorrect.
The product SPECIFICATION seems to be correct (at least now).

http://www.canadacomputers.com...pid=017438&cid=CPU.907

Assuming that is the product in question, the product SPECIFICATION at the bottom of the page clearly states L2 cache = 1MB
The product NAME may state 1MB x2, but that's not the specification.

 

[Blain]

Originally posted by: Blain
Information below is from Canada Computers "Terms & Conditions" page

Linking and Framing of this website:

Links to this website without the expressed permission of Canada Computers are strictly prohibited.

 

[coolpurplefan]

Originally posted by: Lonyo
Actually only the product NAME appears to be incorrect.
The product SPECIFICATION seems to be correct (at least now).

http://www.canadacomputers.com...pid=017438&cid=CPU.907

Assuming that is the product in question, the product SPECIFICATION at the bottom of the page clearly states L2 cache = 1MB
The product NAME may state 1MB x2, but that's not the specification.

Well, wouldn't that be a cute way of putting it. I suppose those are legal terms.

BTW, I'm not having a melt down. I don't mind having a discussion. I just thought it was bizarre that some people seem to think the victim is supposed to be wrong. I suppose I could say "Corvette-inspired Yugo" and it would be safe legally, but it might be a tad immoral.

 

[corkyg]

I don't believe that many responders to this thread are experts at Canadian law. Apparently it is illegal to link to the Canada Computers website, but that is done above. Whip yourself with a wet noodle!

There is an old common sense rule that applies - caveat emptor.

 

[coolpurplefan]

Originally posted by: corkyg
I don't believe that many responders to this thread are experts at Canadian law. Apparently it is illegal to link to the Canada Computers website, but that is done above. Whip yourself with a wet noodle!

There is an old common sense rule that applies - caveat emptor.

Well, because of this experience I'll have to double-check everything I want to order on a website simply I know now you can't even freakin' rely on the information the hardware they're selling. But, it's still their fault if they make mistakes though. And they should update when you alert them there is a problem.

The customers shouldn't have this extra burden placed upon them because the retailer is careless. The point is, eventually you wouldn't want to click on buy because you don't know if you can trust them.

 

[Zap]

Originally posted by: coolpurplefan
Blain, the fact they put a disclaimer in there to sheild them from their own errors doesn't mean they behave in an ethical manner. They did not correct the web page after I mentioned it to them anyway. It's like they decided on their own free will that they will: 1. not answer my emails about it. 2. not even bother to change their web page.

Unless you can prove in a court of law that they intentionally (not accidentally) put incorrect information on their web site to generate more sales, then it isn't unethical. Indeed near 100% of retailers have such disclaimers, so according to you ALL companies that sell products behave unethically.

As for changing their web sites... must be a common affliction because I've seen incorrect information on some web sites (even major ones like Newegg and Buy.com) that can take weeks to correct.