Friday, July 31, 2009
I also wanted to thank the anonymous commenter from yesterday about the customer service, or should I say the lack thereof. I know I have ALWAYS tried to make MY customers happy...
Don't forget to vote over there>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
before you leave!!
On July 29, 2009, the business provided the following information:
We do not offer refunds on our custom built computers. This is clearly listed on our site under the terms and conditions. These terms must be agreed upon at check out by the customer. There is a box that the customer must check stating they agree to our terms or the transaction will not go through. http://3btech.net/info.html The statement by the customer that 3BTech does not do any refunds is absurd. We have a full time employee who's main job is to issue refunds. It is unfortunate that the customer experienced minor issues in the beginning. We tried to fix these right away. If the customer would have rather sent the item in they should have voiced there displeasure. We have offered many times to fix the machine at no cost to the customer. We normally require the customer to pay the ship any item back to us. We notified the customer we would make an exception and not require them to pay shipping. At the end of the day, we would like the opportunity to fix any problem the customer experienced. The item has a 1 year repair warranty and we would like the opportunity to repair the unit.
We would like to repair the unit at no cost to the customer. We have already issued a prepaid UPS shipping label to the customers email address.
My reply back:
It is NOT clearly listed on their site under terms and conditions and I have that in print dated July 17th. All they are doing is a bunch of double talk. If you would like to read the ENTIRE case here, you may go to my blog at
http://hairtiesgalorenmore.blogspot.com/ and start back at July 16th and read forward. You will see that they DO claim to not give refunds, but yet in their dispute,they have a full time employee that does nothing but issue refunds. There is also a recorded phone call on my blog from last week,it is of course typed out on the blog. Their remark about it being unfortunate that we experienced minor problems in the beginning is what is absurd here as there should have been NO problems at all. I really don't understand their second statement "If the customer would have rather sent the item in they should have voiced there displeasure."
Yes, they HAVE offered to fix the computer at no cost, BUT they don't seem to see what a bother it is to have to run to the post office every other week or so to send it back so they can fix what should NOT be broken in the first place. As well as the gasoline to get there and back and the inconvenience of not having the merchandise.
This IS going to end up in court as I have made it a legal matter now.
Thursday, July 30, 2009
Title: Per your lawyer
Comment: What lawyer would take your case on a 300$ computer? This would be a small claims court case, and you don't use lawyers for those.
You may want to check Ohio law on this. This is from their small claims division:
At the trial, you (the plaintiff) will be asked to tell your side of the story and the party against whom you are complaining (the defendant) will be asked to tell his or her side. The law requires the person who brings the case to prove that they have a valid claim.
She then listed an Ohio small claims court website link and proceeded to tell me "Additionally, I read that clause but Ohio does not have any additional warranty laws unless the product is a car."
She then posts another link, this one is to Ohio consumer laws and says "So their warranty is completely legal. Under the terms of their warranty, they have a right to fix or replace your computer. They do not have to give you a refund."
#1 It's always good to have such great friends...
#2 I don't need a lesson on small claims court, I will still have an attorney present in small claims if that is where it ends up and they will still have to spend money to go as well, attorney or not. They will have to pay for travel and lodging as well as for food even if they don't hire an attorney.
#3 I also know that in my state I cannot go for my attorney fees, BUT I CAN go for punitive damages...even in small claims court.
#4 It was an attorney who first sent me to the Ohio Consumer Sales Practices Act in the first place and the lawyer KNEW this was about a $300 computer and NOT a car.
#5 I also know that in ANY state it doesn't matter if you don't take refunds, you still HAVE to. I know this having had a small business myself and dealing with PayPal. Unless it is food it CAN be returned NO MATTER WHAT.
#6 Last but not least, I am also pursuing this on the principal of the whole thing, not just the money, but if they are going to persist on fighting me I WILL also fight for the punitive part of it as well.
Well folks, I'm not sure if Ashley works for them or not, but it sure seems like she does. Oh well, I've said what I needed to.
Again, off to post on Ripoff Report!! Thank you all for your support, like I said it's always good to have great friends and family too!!!
Wednesday, July 29, 2009
I went in and checked Ripoff Report this morning and had someone else (not an employee at least I don't think) pointing out 3B's warranties and policies, BUT she also neglected to post their disclaimer which everyone is seeming to ignore (except me).
It is as follows: State Law Rights
"Some states do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary, from state to state."
Then in larger red print it says "Not responsible for typos."
This is at the bottom of the very same page which she copied from.
She said "If you file a court case let us know with a docket number so we can follow it." I will be sure to do that Ashley as there is no "empty threat of an attorney," it is a fact of an attorney.
Now in response to "Pinkie" who left a comment on my blog yesterday. Yes they want us to send it back so they can fix it. We don't know why it wasn't in working order when we got it and neither do they, so they say. They are telling us that we have to keep sending it back to be fixed because that is their warranty. They don't care how long the consumer is without the product, as long as "they do their part."
We also question what will go wrong when the warranty is up. To correct you ( not being mean here) it is so far 3+ problems with the computer in 2 months. You are correct that something is NOT right here and that it IS a defective product, but they only seem to want to "fix" what should have been done in the first place.
I also know that their policy says "refund within 7 days" as I HAVE read everything and it has been sent and pointed out numerous times, BUT the problems started AFTER the 7 day period and we WERE contacting them. Do we have an RMA# for them to reference? No, go back and listen to your taped calls, then maybe, just maybe you will hear YOUR customer service rep tell my sister her 2 options, one of which was to "return for a refund."
It was also implied to me in the phone call with Seth that my Mom "changed her mind." She did not. She loves being on the computer and doing her genealogy among other things. She is retired and on a fixed income and the computer is one of the ways she keeps in touch with people, which doesn't cost a lot of money.
Another thing they kept throwing up to me was "it would be used and we don't sell used and we can't sell used etc..." How do we know that all the parts installed in the "customer built" computer that I bought are new and not used? Just because they "say" they only use new parts? I mean the latch on the floppy drive door was broken, there were no parts floating around in the box and there were no cables for the floppy drive to be hooked up, we had to have those sent to us as well.
I could also tell that Seth was not really paying attention to me when I said that "the only reason I was the one dealing with this was because Mom's computer blew up," his response was "well you said the front USB ports were not working, that does not make the computer unusable." Umm, I was talking about the old computer and why all of this was done in my name. I never said that the "new" computer was unusable, I said there were things on it that were unusable. I'm sure (in their opinion) that "I misunderstood" yet again. I don't think so, I know what I was saying and what I was talking about and I wasn't double talking!
Thank you again to everyone for all of your support!! Don't forget to vote in my poll before you leave!!
I have been doing a lot of thinking and I want to clarify something about this whole ordeal with 3BTech. This "fight" is NOT just about the money and fighting the "big companies." This is also about the principal of the thing. For one, their policies are null and void in Ohio and probably in other states as well, so why keep fighting me and making me hire an attorney? It is going to cost them money either way they do this, either refunding me and taking the computer back, or paying their attorney or both.
Well, I still am not giving up. The cost of an attorney is worth fighting for the principal as well as for the money. It will also make people aware of a company that doesn't seem to have any principals nor do they care about their customer base. I have blogged on this for almost 2 weeks now and have had well over 300 visits here. I bet 99.9% of them (the other .1 is 3B) will NEVER use this companies services. OOOO, we should take a poll and see!! Feel free to leave your vote and/or comments on here. I am curious to see if anyone would deal with them after all of this.
I'd say that if most or all vote no, then 3B is losing even more money on top of gaining a bad reputation, wouldn't you?
So, lets do the math here: take the computer back and refund the money, be done with the whole thing and the bad publicity OR spend the money on the attorney to drag it all out, make a worse name for the company and lose a ton of potential customers.
I will probably blog again sometime later today as I am going to keep "blog notes" to myself as I think of things. LOL So feel free to check back in!!
Love to all and thank you for all of your support!!!
Tuesday, July 28, 2009
Title: You're being unreasonable and stupid
Comment: "First, you aren't going to get a refund, despite your empty threat of hiring a lawyer. You agreed to the terms and conditions when you placed the order. Second, you DO know this supposed lawyer will cost you many times the refund you aren't entitled to?
Third, you never gave the company a chance to repair the unit. They offered to pay shipping for you. Give them a chance.
Fourth, your statement "everything has a serial number" is just plain ignorant. Many custom built products don't have (or need) serial numbers...there's only ONE OF THEM.
So go ahead and whine like a 5 year old. The company is standing behind it's warranty. You have a choice: send in the computer or just huff and puff while you spend thousands on an attorney who can't help you. Grow up."
I did respond to Mr. Hugh Jass and told him I KNEW he was an employee of theirs, since his wording gave everything away. I also told him that I HAVE hired an attorney and it's not going to cost me what it's going to cost them since their policies are VOID in my state. I also told him and them to grow up.
I guess they really do think I am 5 years old. Well, this is NOT a tantrum, this is a LEGITIMATE GRIPE and we WILL NOT STOP until we get all her money refunded. Now, if they want to dick around some more, they can also pay my HUGE attorney fees that they think are going to be so expensive. I know I won't mind...
I would also like to know, if "one of a kind" products don't have serial numbers, then how would my Mom be able to identify her computer if it were to get stolen and recovered?
Mom also listened to the recorded phone call from Friday and said it was a bunch of double talk as well.
We talked to an associate at Wal Mart yesterday and I asked
if they had any computers that were returned that they were selling. She said "no, we take them back and we send them back to the companies to get our money back." WOW, Wal Mart refunds computers!!!
This part is for 3BTech, but y'all can read it too, my "empty threat of an attorney" will be contacting you within the next week or two...
Friday, July 24, 2009
Now I get Seth. Seth is the customer service manager for 3 BTech. According to Seth I am "basing everything on a lot of assumptions and I am misunderstanding their policies." He said "have you read our policies online at all?" I said " yes I have several times." He said "and you still don't understand what they mean that they can't refund your system ?" I said "no I don't." he again asked me "you have read our policies online?" I told him that I had the floppy drive installed for my Mom and the door was broken when we got it and that her floppies wouldn't work, so we opened the case to find no cables for the floppy drive. They sent the cables and the latch for the door and walked everyone through the "fixing" process. He then asked me if "I had purchased an operating system for the computer?" I told him "no." "Well that is why the floppy wasn't hooked up, because they generally don't hook it up before an operating system is installed."
Seth also says that I am "taking a stance before I even talk to them and that he has read my emails and my blog and that I am fighting the BIG companies and making a difference and making my point very clear to everyone and that's ok IF it's a legitimate reason. They are trying to help me, but I have not given them the opportunity to help me. We are definitely not double talking, but IF the system were refundable we were already out of our 30 days." I told him "we called probably within the first 2 weeks of having the system because of problems." He asked me "is there an RMA # I can look up to reference?" I told him "no there isn't, we fixed it ourselves." He then told me "that is your choice to fix it yourself, that is what the 1 year warranty is for." I then tried to explain how stupid it would be to keep shipping this computer to them for the stupid crap that has gone wrong with it when we can fix it ourselves. I was then told that "they want to help me, but I seem to have an issue with each solution they offer. They have co operated very well to this point. He would love to give me a full refund and be done with this whole thing, but it is against their policy and they have no market for used computers as they sell new ones, so they have nowhere to go with a used computer." He also said that "tech support could help walk us through hooking up the USB ports on the computer."
There are things I'm sure I missed on here, but I'm sick of listening to the tape to try and pull it all off. I will say that Seth was very even tempered but very adamant about "the policies" and wanting to fix the computer and make it right. I did however feel like I was being treated like an idiot. (Why ask me 3 times if I read the policies?) I mean if you have read the emails and the blog, why are you asking me questions that you already know the answers to?
Oh and my blog..."taking on the big companies to make a difference" um no, I take on companies and/or people that do wrong to me. If I were taking on the big companies to make a point or a difference, I wouldn't have much of a life because I would constantly be blogging and filing reports with the BBB and Ripoff Report.
I have had many a pleasant dealing with most every company I have dealt with in my lifetime, with these few exceptions. Excuse me for standing up for myself and not backing down like most people would do by now. I WILL NOT throw in the towel.
So, after I hung up with Seth, I phoned an attorney and asked what my rights were as an Ohio citizen. I was directed to go to the Consumer Sales Practices Act of Ohio website and copy/paste the information to 3BTech, which I did. It seems since I reside in the state of Ohio, their policies ARE VOID for me. They also didn't respond to the email but have been in here at least twice today.
Probably more crap come Monday, UGH!! Oh and "they don't sell crap computers, if they did they'd get them all back." How? They don't give refunds!!
Thursday, July 23, 2009
I am so glad issues like this have taught me to keep a paper trail of EVERYTHING.
Ok, off to post update on Ripoff Report.
Hope to have good news soon!!
Love to all,
Tuesday, July 21, 2009
" By contacting your lawyer you have turned this into a legal matter. Our lawyer has looked over our policies and does not see anything wrong with them. Feel free to have your lawyer do the same and see if he/she can find any problems."
I thanked them I told them I would do just that. I guess they think I am bluffing and are trying to call my bluff. They better think again...
I also want to thank everyone for your support and following us through all this garbage. I have had well over 100 hits on my blog since this all started and many more to come I'm sure!! The more we get this out there, the more people will be aware of this company. Feel free to send my bloglink to anyone and everyone!!
Love to all!!
I did however get my confirmation email from the Better Business Bureau and they have forwarded the case to 3 B for their response. They have until Aug. 4 to respond to them. We shall see I guess. I suppose they won't answer and just let it close, but I on the other hand WILL NOT!
As I said in a previous post, there are several compliants against them on Ripoff Report clear back to 2006 I do believe. They also have not submitted a rebuttal on there either. IF they think they are in the right, why then are they not defending themselves? I know I would want to defend myself and my reputation if I had a legitimate business. Wouldn't you?
Ok, I'll be back soon!!
Monday, July 20, 2009
Saturday, July 18, 2009
I also keep checking Ripoff Report and they have not responded to anything there either.
I still don't understand what a "refund warranty" is...especially if they don't give refunds???
My sister again confirmed today that she was specifically told she had 2 options. One was to send the unit back and have it "fixed." The other was to send it back for a full refund. But I was told (in an email) "We are very sorry you are upset. Unfortunately, we do not any refund on our customer built computers. If someone told you this before they were mistaken are we are sorry." (Thats their wording, not typos on my end)
They also told me "All of our systems are supposed to be throughly tested before shipment. We are not sure what happened with your particular machine but we can definately get that fixed for you." (again not typos on my end)
The other thing I thought was pretty hysterical was their "Note" at the end of their satisfaction email address. "Note: We understand that you may be upset, but please be civil and refrain from swearing to make sure our spam filters do not intercept your e-mail." Gee, think they've had some other problems? Maybe they just got wind of how hard I fight when I know I'm in the right. LOL
Oh and this was pretty funny too "We've set up this email address to try to help customers solve issues they are having. Unfortunately, we can;t abandon all of our policies to do this." (again not my typo)
I asked them to also explain that phrase and still nothing.
Well, we will see what the BBB and our attorney can do for us. I just can't understand how a company can have a "no refund" policy especially on high ticket items. I do believe though, that Ohio is exempt from their "policy." Our attorney will know for sure.
I'm also making a trip in to file the dispute on the credit card, so I will at least get the money back until the attorney can sort things out...
Friday, July 17, 2009
There are actually laws out there that protect us as the buyer as well as the sellers and I will be going through the proper channels to see that this company stops with their underhandedness and double talk. One of their "customer service" reps (Chip is his name) actually told me this yesterday, " I have never known them to give a refund, so I would not waste my time or energy if I were you, it won't happen." So, obviously I am NOT the first to complain about this company and/or their practices. Actually Iknow that I am not as there are several other complaints on Ripoffreport.com. My report # on ripoffreport.com is 470431. I believe you can type that into the search box and it should come up. As of right now it is on page 13 and is titled 3 B Tech computer, No refunds,double talking reps.
I will update soon, I'm sure!!
Thursday, July 16, 2009
I am now fighting a company called 3Btech computers, to get my Mom's money back for a computer she purchased in May and has had nothing but problems with. I called to see why we had to pay a restocking fee and was told, "we don't give refunds."
I then proceeded to write them an email that you would all be proud of and are probably getting used to. LOL BUT for some reason, I cannot copy and paste it in here. Any help with that would be greatly appreciated!!
Anyway, I have let them know that we are NOT satisfied customers and want our monies refunded and I just got another email from them stating yet again that they do NOT do refunds and they don't seem to think they are scamming anyone.
I also told them I would be posting here and I hope to figure out how to copy/ paste the emails here and I told them I was contacting the BBB as well as Ripoff Report...which I did already and sent them the link to Ripoff report.
Let me know if you really want to read the emails and I will email the directly to you unless I can get them to paste in here...Hopefully this link will at least get you to the original letter...
Sunday, July 5, 2009
I figured I would fill in some blanks this time since I am experiencing an "attack" today.
As most of you know, I have been diagnosed with depression, severe anxiety and post traumatic stress. Those are for the most part under control thank goodness. I also have another medical condition called Vestibular Meniere's Disease. It is nothing that anyone can catch from me, and I don't think I'd wish it on anyone.
Meniere's Disease is a balance disorder. It is caused from scar tissue in the inner ear from past ear infections. There isn't much that can be done for it.
I have what we refer to as "attacks", which are bouts of dizziness that range in severity. Today is a mild "attack" day. Severe attacks usually land me in bed for a minimum of 3 days. I take Antivert, aka Meclezine aka Dramamine, for the nausea and dizziness and sleep ALOT when an attack occurs. For some reason the attacks just wear you out completely. An attack feels like (for those who have ever gotten drunk enough to experience this) bed spins only 10 worse. I can do nothing by myself when having an attack, including getting to the bathroom. NOT FUN.
With each attack I lose hearing and am slowly going deaf. Surgery is not an option as there are no guarantees and can cause instant deafness.
When I was diagnosed in 2002, they "gave" (hid the cost in the bill) me a book about 4 inches thick of everything I am NOT allowed to eat to help keep attacks from occurring. Well considering I am not a rabbit or a vegetarian, this was not going to work. So I decided to do trial and error and so far so good. It's almost like a diet since I have to watch how much I intake of most foods.
The reason for the book and "diet" are because they also gave me a list of things that can trigger an attack:
Salt (salt a holic here)
Sleep (lack of)
Stress (too much)
Smoking (too much)
Allergies (take allergy shot)
Dehydration (take in twice the water of the average person)(watch alcohol consumption)
I walk like I am slightly drunk most times and have to hang on to things. I always have new bruises from walking into walls. LOL I cannot be in complete darkness or I have NO balance whatsoever and I can't watch fast moving things, like trains. If I get caught by a train, I have to look away until it it gone or my head will start spinning. (Not too good when your driving)
I think today's attack is just from allergies as I mowed at Mom's yesterday and forgot to take my allergy pill. Guess I'll have to go get more shots tomorrow.
When I was first diagnosed they had me on Vasodilators and water pills, but I got myself off of those years ago and was told if I'm doing ok without them then so be it. Same with my trial and error tactic with food. Like today, I have to eat rabbit food and take in tons of water so the attack doesn't get worse. I already had 1 nap and will probably get another here shortly. LOL
I hope this explains some things and why I "have to go to bed" sometimes in the middle of a chat, etc.
Please feel free to ask any questions, that does not bother me at all.
This is also another reason I have my 2 online shops as I obviously cannot have a real job. I am trying to help with the bills by doing my crafts and selling them online, at craft shows and at garage sales.
Please feel free to check out my shops and to pass the links along to others including my blog link if you wish. I also do custom orders if possible.
July 10Th & 11Th I will be in N Canton at my cousin Pam "Pinkerton" Ruflin's house helping her with her annual garage sale and will have my crafts there as well.
I hope everyone had a wonderful 4Th, I know we did!!!
Love to all,