Have I been scammed by DealExtreme.com?

[tsumi.dx]

Thanks in advance for taking the time to read my topic. I appreciate all the help I can get.

I ordered 2 Nintendo DS Lite from DealExtreme.com

Unfortunately they are both dead on arrival.

The Silver DS does not work at all. The Pink one has a lowerscreen that does not work.

I have made a video about it so you can see it for yourself:

YouTube - 2x Nintendo DS Lite DEAD ON ARRIVAL from DealExtreme.com

I have contacted DealExtreme about this and posted in their forums.
(DealExtreme Product Forum: How DealExtreme scammed me 190usd and maybe more)

They say its my own responsibility?

* Refurbished Product (warranty disclaimer): this is a refurbished product and does not come with any warranties from its manufacturer. If the device becomes defective, customers should contact local Nintendo repair centers for paid repair services.


It was your choice to buy this, nobody forced you.

I think this is not true!

Because:

At the topright of the product page DealExtreme displays an image which reads:
"satisfaction guaranteed or your money back"


Legally, they are obligated to return a customers money if he/she isn't satisfied with the product. It doesn't matter there's a disclaimer. That disclaimer would only be legally valid if that "satisfaction guaranteed"-image weren't there. but it is.

Furthermore, the disclaimer in itself has no legal value, since it only says that there are no warranties from the manufacturer. DX is not it's manufacturer. DX is a store, and stores are obligated to deliver working products.

Plus, from the disclaimer: "If the device becomes defective"(emphasis mine)
the device HAS to be working when it arrives. if it is received broken, DX HAS to give the money back. disclaimer or not, doesn't matter.

I'm posting this here because I need your opinions!

I appreciate all the help I can get

[BTOtech.com]

legaly if their ad states there is no warranty they are not obligated to anything. forget whatever pointless banner they have. Legally they may be right but morally you have the upper hand. your creditor will and can force them to eat the product even if they are legally not bound to do so. the only exception is if you signed a form stating that you accept this product with full knowledge that it is a reburb and may be broken. contact their management and return it for a refund. any smart company would allow it.

[Imperion1]

How have you tried contacting them? Just shooting them an email or email and a call.
The only contact info they have is in Hong Kong.

[lal2009]

Tsumi/Pikablu has place orders of the same item (Nintendo DS) many times before and knows of the special warranty. This customer is not entitled to claim anything and must repair the item himself. He is simply abusing this site to manipulate facts and trying to extort DX.
There is a thread in DX:
DealExtreme Product Forum: How DealExtreme scammed me 190usd and maybe more

PS: IŽll report him at Resellerratings, he has broken Forum T&C

[frostbitetwice]

Originally Posted by lal2009

Tsumi/Pikablu has place orders of the same item (Nintendo DS) many times before and knows of the special warranty. This customer is not entitled to claim anything and must repair the item himself. He is simply abusing this site to manipulate facts and trying to extort DX.

There is a thread in DX:

DealExtreme Product Forum: How DealExtreme scammed me 190usd and maybe more

LAL, hear is the disclaimer..

The complainant has no case...

[tsumi.dx]

I have contacted DealExtreme staff the moment I received my damaged Nintendo DS

As of today: No response.

Moderators keep editting my topic on DealExtreme forums but an official explanantion? nope..

This is not how you treat customers!

[saturnotaku]

Hopefully you paid by credit card or PayPal, that way you can initiate a chargeback or file a dispute.

[tsumi.dx]

I paid with paypal and already opened a dispute.

What is my stand in this case?

[lal2009]

If you do a CC chargeback, Paypal will ban you and your CC account forever. Besides they can suit you

[tsumi.dx]

Moderator lal2009 using scare tactics to prevent me going through with the dispute.