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Warren,
IANAL, but.....
First things first. Don't ever threaten an eBay merchant. If they go to
SafeHarbor first, you are DONE for. SafeHarbor isn't a court of law and
they don't care about what's right or wrong. They also do little to
investigate a problem. The person who complains to them first is *usually*
the one they side with.
That said, when you got something that didn't work the FIRST thing you
should have done is register negative feed back and THEN contact SafeHarbor
*immediately* and tell them of the situation. You make yourself sound like
a victim and you make *sure* you are not belligerent in the email in any
way. They will then side with *you* and you will get satisfaction as a
customer (since the vendor doesn't want to lose their ability to sell
merchandise).
Now, after all is said and done, *hopefully* if enough people write to GEM
Enterprises and let them know that if they don't do what's right they will
lose customers, then GEM will make good and try to sweep the whole thing
under the rug.
If they still don't. Take them to small claims court in the state where
you live. Laws on the ability to do this vary from state to state, but
usually when someone deals in interstate commerce they can be sued in the
state where the customer lives. Since it's unlikely they will show for the
courtdate (assuming you live in different states) they will either (a) mail
you a check for the refund or (b) continue to do business with a judgement
against them (the second one is not likely).
And THAT judgement you can post anywhere you want and it's perfectly legal
because it's a matter of public record. Right now what you've posted is
hearsay and THAT you can be sued for -- It's called Liable.
If you need to find out how to send papers to GEM doing a Network Solutions
lookup on their domain should show that.
In the meantime - I'd take that webpage down.
At 05:09 PM 2/13/2002 -0600, you wrote:
>on 2/13/02 1:26 AM, Ian Foster at ianfoster_at_mac.com wrote:
>
> >
> > I got this email today - from an eBay member who had a serious problem with
> > GEM enterprises - be warned.
> >
> > Check the link.......
> >
> > Ian Foster
> >
> >
> >
> >
> >
> > To member: fm-computers
> > From member: wstone_at_directlink.net
> >
> > --------------------
> >
> >
> > You may want to reconsider your bid to GEM Enterprises...
> >
> > http://63.64.251.25/tt/gem.htm
> >
> > Warren
> >
> >
>Ian,
>
>Heard anything more?? I am waiting for a 2100 with keyboard from GEM. This
>is very scary indeed.
>
>RB
>
>
>--
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- --
David Orriss Jr.
dave_at_davenet.net
http://www.davenet.net
ICQ UIN: XXXXXX (please ask if you want to talk via ICQ)
Linux - Chicken Soup for the Unix Soul
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