[bashoorn]

Hi there,

I've got a real big problem! Can anyone give me advise on this one. Please read the letter below! I could use some extra advise from those who have had a similar experience!

thanks,
Bas Hoorn

From: Public Image Netherlands
B.W. Hoorn
Vijverlaan 115
6822 HD Arnhem
The Netherlands

December 17, 2006


Fry’s Electronics
Mr. Clare
3300 Finley Road
Downers Grove, IL 60515
USA

Dear Mr. Clare,

I request your attention regarding the following issue. According to Dutch law, I have 14 days from the moment I had first contact with you (Sunday, December 10, 2006) to investigate whether you can provide a solution for the problem as described in this letter. This term includes the time needed for shipment of the wrong delivered product back to your store.

I am sorry about this, but due to the lack of information provided by you, I have no other option than to follow the procedure in a correct way according to Dutch legal standards which are also applicable for Visa and Master Card.

Background
On Saturday, December 9, 2006, I bought a MacBookPro 17’’ at your store (Invoice # 1905815; see copy attached). I paid $2,799.00 excluding sales tax for this product. The box I bought was sealed. When I arrived home and opened the box, I did not find a MacBookPro 17’’ in the box, but rather a Powerbook G4 17’’ with a different serial number than that listed on the box, and also parts were missing. My friend also witnessed this.

On Sunday, December 10, 2006, I contacted you by phone to help me in solving this problem. You asked me for the serial number of the Powerbook G4, and you said it would take a few days to find things out and that you would call me back in a few days.

Because I haven’t heard anything from you after these “few days” I contacted you again on Wednesday, December 13, 2006. I also asked whether I should send back the box with the contents. At that moment you told me that your department manager still was busy finding out the cause of the problem and that you don’t know whether you want the box with the contents back. You told me that by Friday December 15 you would know more and that you would contact me at that time.

Meanwhile, I also contacted Apple. Within 10 minutes they gave me the following information: the box with serial number: xxxxxxxxx is delivered at Fry’s Electronics
The Powerbook with serial number: xxxxxxx is delivered at.

Based on this information, I conclude that before purchase someone has put the wrong contents/device in the box.

Because I have not heard anything from you since Wednesday, December 13, 2006, I decided to contact you on Sunday, December 17, 2006. At that moment you were not available according to one of your employees at Customer Relations.

Because of the large amount of money involved in this transaction in combination with the fact that solving this problem takes too much time according to the Dutch legal standards as mentioned in this letter, I told the employee that if it was not possible to contact you in person I have no other option to solve this matter in a legal way. Your employee told me that you regard this as a threat and that you’re not willing to help me anymore. It is my opinion that Fry’s Electronics (until now represented by you) still has the obligation to solve this problem in a correct way in a reasonable period (as mentioned in this letter).

As advised by my legal advisor, I am returning to you, together with this letter, the box with the contents just as it was delivered to me. In addition, I offer you the following proposal for which I need a written answer before December 24, 2006. If I do not receive any answer before this date, I will regard it as a rejection of my proposal.

Proposal

01. You ship me the right product (i.e. what I’ve paid for (see invoice): a new Apple MacBookPro 17’’ latest version) within 10 days from now;
02. I will agree with the payment which is facilitated by Visa and Master Card.

In case you don’t agree, I need to take the following steps:
01. I have to inform Visa and Master Card about the fact you don’t agree, in which case they will refund me my payment, and afterwards they will demand your company to pay them back;
02. As mentioned by Visa and Master Card and Apple, I’m obliged to inform our local authorities about – as they mention it – this possible fraud.

Yours truly,




B.W. Hoorn
Public Image Netherlands
Vijverlaan 115
6822 HD Arnhem
mobile +31 (0)6 55 34 17 68
fax +31 26 361 12 34
bas.hoorn@publicimage.nl
Internetstrategie | 1.7 | internet strategie

[bashoorn]

If anyone of you can help me with this letter to Fry's (see above)? Please spread it and ask the people who are experienced in dealing with this kind of 'fraud' to sen me some suggestions.

thanks,

Bas

[gooser]

you need professional advice. i'm not sure that a forum is where to seek it. do not automatically assume that this guy is trying to get over on you. i own a retail store and i have seen many strange things inside of boxes. i'm sure you have also. his letter though seems a little too well thought out. maybe you will have to balance the cost of a lawyer against the difference in price of the 2 products. i repeat----get professional advice. (then again, these forums may be crawling with lawyers). are you disputing the steps he has taken to resolve this? you never addressed this. or did this letter show up out of the blue with no previous warning?

[bashoorn]

Originally Posted by gooser 

you need professional advice. i'm not sure that a forum is where to seek it. do not automatically assume that this guy is trying to get over on you. i own a retail store and i have seen many strange things inside of boxes. i'm sure you have also. his letter though seems a little too well thought out. maybe you will have to balance the cost of a lawyer against the difference in price of the 2 products. i repeat----get professional advice. (then again, these forums may be crawling with lawyers). are you disputing the steps he has taken to resolve this? you never addressed this. or did this letter show up out of the blue with no previous warning?

Hi Gooser,

I haven't send the letter yet. But the trouble is this. After a week of regular contact by phone, the assistant store manager didn't provide any solution except by telling me that they were busy with it.

In the meantime I contacted Apple and they told me that the contents of the box were wrong (it took me only 10 minutes).

Each time the guy tells me he's busy with it. When I called sunday an emplyee of customer relations told me he was not available; though he promised me to have his department manager to have things found out the friday prior to this sunday. So then I told the lady at CR: what should I do now; ask a lawyer to solve this!?
Then she told me that Mr. Clare regards this as a thread and he won't help me anymore and that we'll meet legal.

Thing is that they are the point of sale and responsible for this (that was what Apple told me). Meanwhile nothing happens to solve it and they don't provide me any information on this issue.

I prefer not to send this letter and to have the things arranged in a correct way. So, what do you suggest as a store owner?

[gooser]

i'll have to think about this one. i totally misread your original post. i thought that you (the poster) was the store manager complaining about a letter sent to him. i'm sure my post did not make a lot of sense. maybe send the letter, just be sure to get delivery confirmation both for the letter and the box. i know that a letter like that sent to me would surely get my attention more than a telephone call. maybe stagger this so that the letter arrives a day before the box. that way they'll know to expect it and it won't get lost in the holiday shuffle. good luck and keep us posted.

[gooser]

whatever happened here?