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Technology Stocks : OnSale Inc.

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To: Jim Johnson who wrote (3735)2/22/1999 2:50:00 AM
From: B. A. Marlow  Read Replies (1) of 4903
 
A no-brainer, Jim.

If you didn't receive a complete Office 97 *retail* upgrade package, with CD and manual (still useless), you're entitled to a make-good or refund. The MSFT SKU number may correspond to a license-only product, but you're not required to know that, and that's not what you reasonably ordered.

There are three requirements to consummate a transaction: an offer, acceptance and consideration. You relied on the description of the offer and accepted it on good faith, at face value. It says "CD" in the title, it shows the packaged product, it makes no disclaimer about license-only, and thus, you have a right to receive what you expected. (This would apply even if the price were 99 cents.)

I'm not saying it's ONSL's fault that the offering got screwed up. It's merely ONSL's responsibility to make it right (and *fix* the offer, if necessary, so that others aren't misled). If there's a problem with Tech Data or Microsoft, it's ONSL's problem, not yours.

So here's what you do: If you don't get satisfaction from customer service within say, ten days of your original request, send them an email and indicate that you will give them ten more days to straighten it out or you will return the product for credit to your card account. Then do so (UPS or Certified Mail). If they fail to credit your account within 30 days, you can initiate a charge-back through your credit card company. As you will have documented your attempt to resolve the matter with the merchant, the credit card company must comply with your demand to dispute the transaction. (Make sure to print out a copy of the offer page for your records.)

They'll figure it out. ONSL's not malicious, just a bit "thick." One thing too many companies fail to do is try to do business with their own organization. If they did, they would spare themselves countless black eyes.

Happens to all of us. No big deal.

BAM
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