Newegg.com Consumer Report.
Please refer to the external link to the article at http://nixedblog.thenixedreport.com/?p=140
Please refer to the external link to the article at http://nixedblog.thenixedreport.com/?p=140 |
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Comments (69)
Hmmm. OK.
18 earlier comments in the full thread.
In order to think critically about something and stand a chance of coming to a accurate decision or stance on an issue or issues you have to be presented with and have access to information that you agree and disagree with.
If all you read were stories that confirmed your opinions, would you really feel LXer was informing you in any real manner? I would hope not, because I certainly would not.
If you want to wear blinders that's fine, just don't expect LXer to put them on for you.
Scott
I am defending LXer's decision to post articles that you disagree with.
Edit:
We are an Independent Free and Open Source Software News Organization. We're no one's "yes man". Its not our job to make you feel warm and fuzzy about Linux or Free and Open Source software. Its our job to inform you of what is going on regarding it to the best of our ability.
I'd just like to say, I would like to apologize to LXer for my tongue-in-cheek remark. I was not seriously trying to discredit LXer.
If anything, what I said should be taken as a compliment to LXer. I've been reading for awhile and, when I saw an article that seemed to be "below" the usual quality of content that I get thru LXer, I signed up just to comment about it.
usacomputertec can post about whatever he wants but, it seemed to me, that he was abusing his power to post to LXer to basically ... go on about a personal rant.
If we *don't* agree with LXer's decision to post articles that we disagree with, that's insanity. We all know that. It's LXer's right to post it, just as it's usacomputertec's right to write it, *just as* it's my right to sign up here and comment about it.
No offense to LXer meant. Whatsoever. It's not the easiest thing, finding good linux-specific news, and I'm happy LXer's doing what it is, aggregating great articles so that we all may enjoy them.
Once again, I'm sorry for my tongue-in-cheek remarks. You're all right in your defenses for LXer. And, usacomputertec, thanks for sharing that LXer asked you how it turned out, after the first post. It's a legitimate story ... I just, personally, feel that it's a story for your blog - not for the whole world. ( for example: Amazon was late with one of my Christmas gifts this year ... should be boycott them, too? Let me write a post and see if the New York Times will run it ... )
LXer is in *no* way at fault. Also, to usacomputertec, if you feel that this was a personal attack, it wasn't. But I do want to point out that I really don't think the quality of your Newegg article represents the true quality of *you* or of *LXer,* in general. That's why I posted.
Finally, let me reiterate to LXer and to usacomputertec - when I read the follow-up Newegg article the other day, it struck me as odd for LXer/usacomputertec content and ... as being pretty trivial and unprofessional. In comparison to your (LXer/usacomputertec) regular posts [which are great], ... it seemed like pretty lame content. Even slashdot has some pretty awful posts ... and people comment on it! So I decided to comment on it here.
No hard feelings, anyone! Thanks for rocking, LXer. And keep it up.
Good to hear it, and I wouldn't want it *any other way!*
I'm happy to see all of the people standing up for LXer. Sorry to make it seem as if I was taking a stab at LXer.
Now I'm mad.
Lxers are not allowed to apologize for tongue-in-cheek remarks. They are encouraged mightily to make them.
You are allowed to regret any angst by those who misinterpret.
But that's it.
Got it?
You're right! It's not same on *me* ... shame on all of *you* for missing sarcasm when it's used! And shame on all of *you* for posting to forums instead of finishing your dissertations! And shame on all of *you* for your angst, due to misinterpretations!
You all need to upgrade your forum interpreters! :P
Shame on *me* for shaming *me* in the first place, instead of shaming all of *you*!
( where's my tongue *now* bitches! :P )
Quoting:White screen of death? That's a new one....
Wait till you open some kind of Windows Media format Mplayer doesn't like on Linux (downed it from Microsofts site!) - that gave me a 'pink screen of death' (kernel hung, so no screenshot sadly. Next time I'll make a photograph)
Without personally knowing the law, I'll make a guess, I suspect if "the store" has the item still in stock (able to offer a replacement), then this wouldn't apply (at least that's the way I would think it would be). If it wasn't in stock, I suppose they would have to do something else (like refund, or similar item, etc.). If it's in stock, and can be replaced, it should be no different than a non-clearance item. Just a guess, but I think that would make sense, and that's possibly what that law would resemble (but again, just a guess :-) ).
As to any other problem, you had 30 days to return it, and a warranty of some sort through the laptop manufacturer. On top of that a decent credit back for no reason (basically). You have nothing to complain about. Must not be very bad if you haven't at the very least done something with the manufacturer. And I suspect you didn't do it through newegg because you saw that cheaper/better model that you're kicking yourself for not getting.
Note to Microsoft: These guys have some good ideas, why don't you spruce up your "death" screens? Words of wisdom, poems, lotto numbers, purdy flashing colors, cute animals, hot chicks, pretty quick people will "want" to see them, and it would be one more nice feature you could advertise.
Quoting:hot chicks
Nekkid chicks on your BSoD? People would start crashing their machines on purpose. Not that it's hard to crash a Windows machine. Just sneeze in it's general direction...
Sometimes you have to give someone the attention they 'think' they want and let them face the fire, so to speak. It is my hope that usacomputertec will think harder about what it is he wants to post and do more research beforehand so he can avoid the 'constructive comments' his articles have 'required' so far.
Prices are good but..
They canceled an order of mine without informing me and when I called and tried to find out what the problem was they told me that my shipping address had been placed on a fraud blacklist and they would not ship to me or take my order. So I tried to find out why this had happened and to straighten it out but was told they had other customers and did not want to talk to me any more.
I don't understand how they maintain the reputation that they seem to have for customer service and the illegality of their policy is an example.
My 2 cents.
O.F.
a. They don't disobey the law, or, at least, you've provided no evidence of anything they do that disobeys the law, and
b. Most customers must have good experiences.
Not that I'm aware of. Many do, but AFAIK that's not a legal requirement, merely good customer service. If that is in fact the law, then you should probably contact the Federal Trade Commission as well as the Attorney General of your state to pursue the matter.
Though I am sure if you did speak to a judge and they agreed that newegg was breaking a law, they would tell you which law that was being broken.
Right now it sounds like you are venting frustration and want others to join with you, even though most of the people responding have had positive experiences with newegg and are not swayed by your venting.
If you do get references to which laws are being violated, newegg would have to change their policies. As it is now you are threatening to throw a water balloon at their wall. If you get a bomb they will listen.
You asked for it You got it.
4 earlier comments in the full thread.
1. Lemon laws usually place responsibility on the manufacturer rather than the seller, although the seller usually stands in as the manufacturer's agent, especially in the case of cars.
2. I'm not aware of (different from saying none exist) of any lemon laws that don't allow the manufacturer/seller a chance to make things right before giving you the right to a refund.
3. Wait a minute ! I don't remember any claim that the computer was defective. I think they just didn't like it. That doesn't bring a lemon law into play anyway, even if one did apply.
> This is a Lemon.
It runs Windows, doesn't it? That sort of the definition of lemon (especially Vista). Does it work properly with Linux? If so, it's a software problem, not hardware, and NewEgg is off the hook.
And, as Dino points out, even under a lemon law NewEgg is not required to offer you a refund, merely repair or replace the unit.
As I said in the other topic I'm not done searching for answers A lot of documentation is for me and opinions are against me. Government workers agree with me but you guys don't. So I'll keep digging until I find the truth.
Quoting:Well even though they are based out of California or wherever it does not matter because they were doing business here. The transaction took place on my desktop here in Pomeroy WA. So the laws here apply.
Doesn't matter. You bought from them so you agree to their Terms of Service, which state:
Quoting:Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Newegg.com and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Newegg.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Newegg.com that is more than one year after the date of the applicable invoice.
That means Californian law applies and you agreed to this when purchasing. (See http://www.newegg.com/Info/PolicyAgreement.aspx Purchase agreement, point 7).
Regardless, even *if* the WA law applied instead, the WA Lemon Law also only applies to vehicles:
Quoting:The law covers most classes of motor vehicles including "demonstrators" which have an original retail purchase or lease in Washington. Note: if the vehicle had its original retail sale or lease prior to July 23, 2007, an additional eligibility requirement is that it must have also been initially registered in Washington (a military exception may apply).
Really, you should read your own links before you post them. Getting your legal advice from Wikipedia is really stupid. As is getting legal advice from me. IANAL, but at least I can still read...
I hereby sign that the constitution of the USA and Bill Of Rights and any other US laws or legal rights do not apply to the person who signs below. This person is still a US citizen but has for fitted all of his inaleable rights to a corporation. This corporation now owns the person who signed below.
How would that hold water?
Quoting:How would that hold water?
Just look at Gitmo for an example.
Yes. Its not even limited to foreign companies. It happens all the time, right here in the US. One common feature to *any* contract that I've ever seen, is that they *all* have whats called a "choice of law" provision, that states which jurisdiction the contract will be controlled under.
In the case of Newegg, that jurisdiction is California, whether you like it or not, according to the terms of the sale.
Anyway, enough of the speculation and misinterpretations, why don't you just go to the horses mouth?:
Washington State Office of the Attorney General http://atg.wa.gov/FileAComplaint.aspx
Questions about filing a complaint?
Not sure if this is a complaint? Call 1-800-551-4636 or 1-800-833-6384 for the hearing impaired. Our call centers are open 10 a.m. to 3 p.m. M-F.
If you, as a US citizen, purchase something EXW in, let's say the UK and have it sent to you through the postal service, this is a UK local purchase under UK law and you are just a UK consumer who happens to carry a US passport. You'd probably pay local VAT as well although you'd be able to recover that on export.
It is all a question of the moment of transfer of ownership and the transfer of risk.
I'd say for easy reference, compare it to a US citizen claiming his constitutional right to carry a handgun when on vacation in Europe. He would find his butt in jail and the key thrown away.
Rights do not stick to you like glue and jurisdictions can clash.
Though if the screen is smaller than advertised, ie. they said it was a 15.4" and you got a 14", then you may be able to look into faulty advertising or bait and switch laws. IANAL so I have no idea if these laws will apply to your situation or not. Akfromak has some good advice check with the WA Attorney General to see what they have to say about the matter, they would actually know.
If one thing was advertised and another thing was sent, that is a different issue. You are entitled to receive what you paid for or a substitute that you agree is satisfactory.
Do you have a local vendor you can buy a Linux box from? Count yourself lucky if you do. Most of us have to order or boxes and have them shipped to us. Thus, this is both a cautionary (always be aware of a company's return policy) and informational article (NewEgg does in fact seem to go above and beyond most companies in trying to make things right for the customer, though they failed in this case).
Quoting:Well, for one thing, it can help FOSS consumers on the hardware end of things.
Indeed, I'm glad this came up. I've been considering buying hardware in the US in the past - hardware prices in Euro's and Dollars are the same most of the time - while the dollar only costs 68 Eurocents (today), until I found out about 'customs' and I have to pay VAT for the things I import. After that, prices are almost the same (though I don't know if I can recover US VAT?) and I have to pay for shipping. I have been wondering which laws would apply, but I understand now that if I buy something in the US, it would be under the law of that particular state.
I was also wondering - since they don't sell Dell Ubuntu computers in my country, if I can import them from GB,D or F. That's no problem, I don't have to pay any taxes at all if I do, since I (NL) and those countries all are EU. Not that I'm going to buy a Dell, just wondering.
Lately, I was wondering how expensive / difficult it would be to import an Eee (with Linux of course) directly from Taiwan; they're not sold in my country AFAIK. If you have experience importing hardware from Taiwan please PM me / let me know, I'm quite seriously considering this though I can't find a Taiwanese 'Newegg'.
Sorry for going offtopic; back to the Lemon law (wonder why US people call rotten cars Lemons?)
Quoting:Lately, I was wondering how expensive / difficult it would be to import an Eee (with Linux of course) directly from Taiwan
A collegua of mine has done that. It cost him 258 euro's including shipping. I'll ask him which store he got it from.
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