Ubid screwed me!!! Need advice

[Wulf]

I just got a video card from Ubid that was advertised as "new" with the retail part#. So I ordered it with the intention of sending in the $30 rebate for my card. What I got was a retail card with drvers but no box(or upc code) or the stuff that comes with the retail card. I called Ubid and asked what was up with that...(on hold 5 mins) and they told me that there is no rebate and I couldnt get one because it was "2nd hand" from another store and that because its not advertised as "with rebate" Im outta luck. So my question is, can they sell a "new" card with retail part #'s when its actually been opened and sold seperaterly(which would make it used)? And do I have a course of action to take against them? Oh and btw I told them I was goin to post my ordeal with them on some bbs' for advice and they hung up on me. Heres a copy of the ad
http://www.ubid.com/auction/CNC/showauction_AuctionID_233762_CategoryID_7.htm

[Brian48]

They can sell it second hand, however the ad should have stated that. As it stands, it's very deceptive. One bidding on the card would think that one is buying a retail box version. Have you formally complained to whoever is in charge of this site? Consumer fraud on the internet is becoming more and more frowned upon these days. I would tell them that you have no heartburn about reporting them to the Better Business Bureau. Also, (very important) save the page you just posted as a HTML file with the associated gifs and images. Just in case they remove the page, this will give you your proof.

[Wulf]

How do I save it?

[SysOpt]

It is extremely important to note that most hardware resellers (including Ubid) sell both OEM and Retail boxed items, and both are new. OEM's buy products to install in various systems and don't want to mess with all of the pretty packaging, and they can save money in doing so. You most likely purchased an OEM (aka white box) version.

As for it being "2nd hand", as far as I know, Ubid doesn't stock items, they contract with companies to provide items for which they take orders through their site. I believe that they simply meant to convey that fact to you, rather than saying that the video card was actually previously used/owned.

Scott

[Wulf]

Yeah I know bout oem and retail. I called diamond before I called Ubid and they verified it as a retail card. And Ubid posted the retail #'s for the card in the ad as well. The person I talked to said that they get the cards from another store, Intl. computer Xpress in NJ. Ive got a thread on the agn forum as well if anyone would like to take a look.

http://bbs.agn3d.com/ubb/Forum29/HTML/005612.html