[NTLK] GEM Enterprises - Their definition of DOA and how to protect yourself

From: Warren Stone (warren_at_ttr225.com)
Date: Mon Feb 18 2002 - 23:46:33 EST


I think someone else posted about my troubles with a dead Newton from
GEM Enterprises but I thought I would take a moment to let everyone know
the things to watch out for.

1) I bought the Newton "outside" of eBay. I missed an auction deadline
and emailed them directly. Their auction ad said they had hundreds of
them. Their auction stated a no DOA guaranty and made a statement that
they had tried the handwriting recognition.

2) I bought it via PayPal for the minimum auction bid.

3) The unit was delivered DOA. Dead touchscreen; a brick would be more
functional. I just assumed they would replace it with many of their
"hundreds".

4) The response I got back was that they sold them as is. They "were not
Newton or Mac people". I tried twice more to complain and they ignored
both requests.

5) I emailed a number of Newton bidders on eBay to warn them of GEM's
definition of DOA. GEM complained and got me suspended from eBay for 7
days for breaking eBay's rules about interfering with an auction.

6) To date not a single response from GEM.

7) eBay will not get involved since the transaction was not via an eBay
auction (my bad)

8) PayPal will not issue a refund since they do not guaranty attributes
of a transaction, only delivery of the item (bet you didn't know that).
PayPal did say that my complaint goes on file and with enough complaints
they may close the user's PayPal account.

9) GEM violates eBay policy by offering items, services and add-ons
within most of their auction write-ups. As soon as my eBay suspension is
over I plan to formally complain to eBay about GEM's practices.

So beware of GEM and above all do not buy from them outside of eBay's
protection policies. And do not rely on PayPal's policies to protect you.

Warren

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