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Returning a Defective KVM

By Ed Foster, Section The Gripelog
Posted on Mon Oct 17, 2005 at 12:31:47 AM PDT

What is a fair return policy for a web retailer? That's the question raised by a recent reader's experience with a website that wouldn't budge off the policy detailed in its fine print.


"Three weeks ago I purchased for a client a computer and some associated peripherals, including a KVM from KVMs.com," a reader wrote. "As it took a while for the computer to come, I did not put everything together until two days ago. The KVM had come as soon as I ordered it, but when I tried it yesterday, it did not work correctly. Today I called KVMs.com to return the unit and they told me that it was too bad for me. They have a 14-day return policy on all their products -- unhappy or broken, they warranty they product for only 14 days."

The company would not show any flexibility in its policy. "As I had my KVM for 21 days, I was just out of luck," the reader wrote. "I asked to talk to a manager and it happened to be that I was talking to one of the owners. I tried to explain my case and told him that it was insane to have such a strict 14-day return policy. He did not listen and even got mad when I told him that I would tell people about their policy. I guess he thought that it is acceptable that their product did not work and that I lost money, and I should just be happy to have done business with them. So I want to make sure that as many people as possible know about this place."

A check of KVMs.com's return policy page shows the website does spell out the 14-day replacement for "opened defective policy" pretty clearly. Well, actually it says that within 14 calendar days of the original shipping date they will send "a replacement of the same defective product" -- which might be all too true of all too many web retailers. But the policy is there for anyone who wants to look through all the fine print ahead of time.

And it's certainly true that all retailers have to set some sort of time limit as to when they'll accept a return, or else every product might come back eventually. Still, the reader has a point that such a strict interpretation of a 14-day limit will in practice work out to be close to allowing no returns at all. If all you're talking about is a swap for what is hopefully an identical but non-defective unit, it hardly seems unreasonable to expect you would be entitled to that in the first three weeks.

But what do you think would be a fair policy is such a situation? Post your comments below or write me at Foster@gripe2ed.com.

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Returning a Defective KVM | 364 comments (364 topical) | Post A Comment
It's kind of his fault[ Reply to This ] (none / 0) (#1)
by wantobe on Mon Oct 17, 2005 at 04:52:53 AM PDT

I'm sorry, but if I know that I only have a 2 week return window, I'm going to test the item as soon as it's in. I'll find some other equipment to hook up to it for testing purposes.

Should the retailer be a little flexible? It would be nice, but they are under no obligation to do so.

Rob Miles
--
There are 10 kinds of people in the world; those who understand binary and those who don't.
[ Reply to This ]



14 days from shipping is pretty short![ Parent | Reply to This ] (none / 0) (#4)
by ekuns on Mon Oct 17, 2005 at 06:39:22 AM PDT

You have to admit that while the retailer gets to set their own policy (within what is allowed by law), that for a mail order company, a 14-calendar-day-from-shipping-date return policy is pretty meager. Unless all shipping is overnight, that means that if you are lucky, you have maybe seven business days to identify a part as bad.

I agree that if you aware of such a meager return policy, then it is best to test that part as soon as you can, using other hardware if necessary. Most everyone would agree that in this "buyer beware" world, you need to do your best to protect yourself. None of this, however, says that a 14-day-from-shipping-date return policy is actually a reasonable one, nor that the company's stance on this return is a good idea for them or for the consumer. Part of "buyer beware" is the buyers share this kind of information so the information is widely available so consumers can choose intelligently between the vendors with policies that are more and less consumer friendly.



[ Parent | Reply to This ]


ss[ Parent | Reply to This ] (none / 0) (#206)
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[ Parent | Reply to This ]


Defective product[ Reply to This ] (none / 0) (#2)
by Jarulf on Mon Oct 17, 2005 at 05:07:40 AM PDT

I can see two differen cases. One, were you just is not satisfied in general, although there is no fault in the product. Another, were the product has some fault or error. They should be two completely different cases. From the looks of it, it seems to be a case here of something defective, right? If so, what does the law says?

I assume this is the US, hence I can't tell what the consumer sales laws there says, I know for example that here in Sweden and pretty much the rest of Europe, there is a three year period during which you can go back and get something fixed, repeaied or replaced (typically up to the seller to decide) for a product that is faulty. That 3 year period is for discovering the fault. After you have discovered it, you need to go back with the complain in reasonable time (not fixed in law but definately far more than 2 weeks set by cases in courts). I assume there is something similar in US, no? Do note that the time period can NOT be shortened thorugh contract.

For cases were you are just not satified, the law really give you NO choice of returning something, although many stores do offer such a service anyway, typically seting their own set of days this is acceptable for. However, for what is called "distance purchases", that is were you do not visit a real shop, there is also a grace period set by law for when you can simply revoke the purchace for no reason. That typically applies only when the seller is the one initiall contacting you, so might not apply when you visit a web page to buy on your own initiative. Again, the relevant here is to look at what US law says if anything.

It can very well be so that the US consumer sales law doesn't regulate it at all and leave it completely up to the seller to decide, I doubt that though, at least for the case with a faulty product.

[ Reply to This ]



Implied Warranty of Merchantability[ Parent | Reply to This ] (none / 0) (#3)
by mbeatle on Mon Oct 17, 2005 at 05:32:51 AM PDT

There is the implied warranty of merchantability, but that may be state by state: http://hcs.harvard.edu/~scas/Shopping.htm 14 calendar days from shipping is not much time. Its an unfriendly policy. Also, they should have tried to make you a happy customer when you called. They can make their policy and you can complain about it. Its too bad you lost some dough over this, but I'm glad you have a forum here to warn off others. The comsumer feedback loop is working.

[ Parent | Reply to This ]


yes[ Parent | Reply to This ] (none / 0) (#195)
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brick and mortar too[ Reply to This ] (none / 0) (#5)
by Anonymous User on Mon Oct 17, 2005 at 07:46:42 AM PDT

About 5 years ago I bought a Belkin KVM at a CompuUSA. Brought it home and it was DOA. I brought it back to a different CompUSA; the store manager thought for a minute and then said he couldn't take it, it was too much money (about $300 I think) for him to take a return on that day. I took it back to the first CompUSA; they took it back and expressed horror at what the other guy had done. I wrote letters to corporate, but never got a response. I'll never go into a CompUSA ever again.

[ Reply to This ]


Actually...[ Parent | Reply to This ] (none / 0) (#6)
by sconeu on Mon Oct 17, 2005 at 08:08:45 AM PDT

Sounds like the store-of-purchase/second-return-attempt store should deserve more of your business.

They did right by you, etc....

--
I am not merely a "consumer" or a "taxpayer". I am a Citizen of the United States of America.
[ Parent | Reply to This ]



yes[ Parent | Reply to This ] (none / 0) (#204)
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Won't go to CompUSA?[ Parent | Reply to This ] (none / 0) (#24)
by glenn354 on Tue Oct 18, 2005 at 11:16:36 AM PDT

They (CompUSA) took back the merchandise. Why in the world would you stop shopping at a store like that? OK, so one manager balked at the return, not on principle; but because of the expense. I have found CompUSA to be very flexible on returns. That is why I continue to do business with them.

[ Parent | Reply to This ]


CompUSA "flexible"? Not in my hometown![ Parent | Reply to This ] (none / 0) (#40)
by ricegf on Tue Oct 18, 2005 at 04:41:20 PM PDT

I've had the displeasure to do business with CompUSA twice - which was once too many.

First, I bought a computer from them. Almost immediately it began to experience intermittent failures, so I returned it for repair. After a long and convoluted and painful <u>13 weeks</u>, I finally extracted it from their "service" center. I swapped the CD-ROM myself, which fixed the problem (though the computer was forever after tagged by my kids as "Crappy").

Several years later, when no other local store had the video card I needed in-stock, I held my breath and bought a similar card from them. The next day, Fry's received the actual part I wanted, so I returned the package unopened to CompUSA. They charged me a "15% restocking fee".

Since Fry's has taken back literally boxes of opened parts without batting an eye, I will never darken the door of a CompUSA again. If Fry's doesn't have it, I can wait.

Just my $0.02, your experience will probably vary.


----- George F. Rice It is better to copy success than to invent mediocrity.
[ Parent | Reply to This ]


yes[ Parent | Reply to This ] (none / 0) (#200)
by maderikapapa on Fri Jun 27, 2008 at 09:30:16 PM PDT

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