Have I been scammed by DealExtreme.com?

[Steve R Jones]

Truefull posts can do that sometimes can't they

[tsumi.dx]

I wanted to let you guys know that my posts at dealextreme get editted by Moderators (who claim they are not affiliated with DealExtreme. How is that even possible to not be affiliated when you're a Moderator?!)

Furthermore I found out that more people are receiving dead on arrival DS. What is even worse is that the staff of DealExtreme does nothing and wait till the customers get tired and forget about it.

DealExtreme Product Forum: DOA Nintendo DS Lite (Refurbished) *Video*

[tsumi.dx]

Look at this post:

stop whining here. You only want to get attention from staff, but that won´t happen this time because:
1. You started a PP dispute

So If I open a paypal dispute I wont get attention from staff? What is this kind of business?! Is this how you run a business?

I have contacted staff of DealExtreme and no response. Therefore opening a paypal dispute is my last resort since there is no communication at all! I opened a CSE ticket send 2 emails and no replies or communication.

Moderators and members of the DealExtreme basically say Its my own fault and I need to repair it myself.

Also Moderators are editting and deleting my posts at the official dealextreme forums to keep the case lowprofile. I do not tolerate this!

This doesn't make sense at all. Sad thing is I'm not the only one who received DOA Nintendo DS Lite! They wear you down untill you get tired of it and forget.

[miss0]

In Hong Kong seller is responsible for the item they sell, it has to be fit for purpose and of good quality - please see CAP 26 SALE OF GOODS ORDINANCE

Section: 16 Implied undertakings as to quality or fitness 30/06/1997

(1) This section provides for the circumstances in which, and the extent to which, there is any implied
condition or warranty as to the quality or fitness for any particular purpose of goods supplied under a contract of sale.
(Replaced 85 of 1994 s. 4)
(2) Where the seller sells goods in the course of a business, there is an implied condition that the goods
supplied under the contract are of merchantable quality, except that there is no such condition-
(a) as regards defects specifically drawn to the buyer's attention before the contract is made; or
(b) if the buyer examines the goods before the contract is made, as regards defects which that examination
ought to reveal; or (Amended 85 of 1994 s. 4)
(c) if the contract is a contract for sale by sample, as regards defects which would have been apparent on a
reasonable examination of the sample. (Added 85 of 1994 s. 4)
(3) Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes
known to the seller any particular purpose for which the goods are being bought, there is an implied condition that the
goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such
goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is
unreasonable for him to rely, on the seller's skill or judgment.
(4) An implied condition or warranty as to quality or fitness for a particular purpose may be annexed to a
contract of sale by usage.
(5) Subsections (1), (2), (3) and (4) apply to a sale by a person who in the course of a business is acting as
agent for another as they apply to a sale by a principal in the course of a business, except where that other is not
selling in the course of a business and either the buyer knows that fact or reasonable steps are taken to bring it to the
notice of the buyer before the contract is made.
(6) In the application of subsection (3) to an agreement for the sale of goods under which the purchase price or
part of it is payable by instalments any reference to the seller shall include a reference to the person by whom any
antecedent negotiations are conducted.
(7) In subsection (6) "antecedent negotiations" (事先商議) means any negotiations or arrangements with the
buyer whereby he was induced to make the agreement or which otherwise promoted the transaction to which the
agreement relates.
(8) Except as provided by this section and section 17, and subject to the provisions of any other enactment,
there is no implied condition or warranty as to the quality or fitness for any particular purpose of goods supplied under
a contract of sale. (Added 85 of 1994 s. 4)
(Replaced 58 of 1977 s. 6)
[cf. 1973 c. 13 s. 3 U.K.]

[dascheap]

Originally Posted by miss0

In Hong Kong seller is responsible for the item they sell, it has to be fit for purpose and of good quality - please see CAP 26 SALE OF GOODS ORDINANCE

This is what happens when you buy from a HK seller. Many don't understand that recourse is minimal in the event something goes wrong and that really it's not worth saving 20% and dealing with slow shipping and Engrish communication. Even if they took the product back it would be $$$ to send the items back in the hopes they actually processed your return. DX is all about lower end/high volume sales, that's it. Sorry to hear your having a hard time, but it's wasted time to fight them on their own forum. My professional advice is to just issue a chargeback.They will usually protect you 99% of the time.