Purchased floor model, store wants it back.

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bart

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I recently purchased a computer thinking that it (the only one of it's kind on display) was the same item advertised on a big red card placed six inches to it's left. Since the computer was on the end of the row, the card could not be confused with any other machine. On the card it was advertised as a "floor model," quoting a reduced price.

I operated the computer for about 20 minutes and looked it over carefully for any obvious physical damage. I asked a sales rep. if the item I was checking out was in fact the actual floor model, since it looked pretty clean. He said absolutely, and if I bought it today, that they could shave an extra 10% off the sale price. The rep also assured me that the unit had been thoroughly tested and was in excellent condition. I decided to purchase it.

The rep disconnected the computer for me, brought me supporting items (install disk & the like,) and walked me over to the cashier. Since this was a floor model, my concerns at this point were whether or not the manufacturer's warranty would be valid, and exactly what was the store's return policy if something was wrong with the computer. I spoke to a manager, her manager, eventually received satisfactory answers, made the purchase by credit card, and left the store.

The next day I received a call from the store in which a different manager claimed that the computer now in my possession with was actually a much more expensive, newer item. She (the manager) asked me to bring it back: that my purchase involved a computer that was actually in their off-floor stock area, not the one that had been situated next to the sale card.

I told her that if this was true, I would seek compensation for the considerable time I had spent making the purchase, setting up the new computer, transferring files, installing software, removing drives from my old machine, etc. I had basically worked much of that night and following day on this, and I was not happy about the prospect of doing it over, or having the store handle my files, as they offered to do.

The conversation with the store's manager became long, painful, frustrating, and ultimately deteriorated to the point where I now suspect that the store engaged in fraud by placing the sale card next to a much faster computer, which was in fact not yet for sale at all as a floor model, and that the associate had not been informed of the switch, to our mutual detriment.

I have since checked the internal diagnostic of the computer and have found that it is in fact the higher priced, newer item. My receipt however, shows the lesser model that I believed I had bought. At the time of purchase the store did not include a box for the item (they claim that they throw those away for lack of storage space,) and the field for the serial # on the receipt is marked N/A.

In the interests of having some leverage in future "conversations" with this company, I have the following questions:

  • Am I legally obligated to return the computer currently in my possession?
  • If I have no legal obligation, can the store reasonably pursue the matter in civil or small claims court?
 
The store made the mistake. Tell them to take a hike. They could pursue the matter in small claims under an "unjust enrichment" theory but that is not likley unless there is a huge price difference.

Why do I have the strong feeling that you knew it was a mistake?

In fairness, you should at least offer half the difference as a settlement.
 
Re: Price difference, mistake, Meet halfway . . .

The price difference is fairly large. Sale price was $1800. The store claims that full retail for item I received is $2800, although they neglect to mention that this computer, unboxed and a demonstration model itself, is worth somewhat less . . . Does this bring the issue within striking distance of "unjust enrichment?"

The two models in question are physically identical; there is no model number printed on either of them, and as I said the only way to tell the difference is to check a diagnostic system utility.

Of course I (now) know that there was a mistake. However my dealings with the manager left the impression that the mistake may not have been all that innocent.

I am aware of instances where electronics stores have purposely misrepresented products to make them more attractive for sale. For all I know, the computer I should have received (but never saw) is fairly well beat up, and it definitely would have been much slower.

The store initially called me to ask that I return to the store with the computer for no other reason than to make an alteration they had neglected to do at the time of purchase. After I told them that it was not a problem, that I'd already set the computer up, and that I'd take care of the matter myself, they handed the phone to a manager who proceeded to tell me that I had the wrong computer, that "my" computer was at the store, and that I needed to bring the one in my possession in for an exchange. My assumption is that she intended to get me in the store and take possession of the computer - not the best way to earn my trust . . .

During my conversation with her in which I asked for compensation for my time and trouble I noted discrepancies in her statements which led me to believe that she was only interested in the store's liability, not the damage done to the customer.

Were they to meet me halfway, I would be happy, provided that the correct computer is in at least as good condition as the one I inspected and was sold to me. Offering to transfer the files on my computer to the "correct" computer is not meeting me halfway, besides the fact that I would never trust them with the task in the first place.

I admit I have a bias in that I have seen the concept of "valued customer" become essentially irrelevant in today's world, and I take offense when as a consumer I am not treated with a reasonable level of dignity or respect.

I'm the guy that speaks out when given too much change or a price lower than what I expect.

This time however, I'll wait for the store's move.
 
It is not unusual to see a full retail item at 50% off. Check online for pricing on the computer you actually have and find out the "true" difference. Print off what you find in case you need it for future reference and keep your receipt.

Now I have no doubts about my "tell them to take a hike" suggestion. They were trying to pull a fast one on you so I wouldn't even make an offer of half the difference.
 
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