help me analyze the ethics of this situation

[Ns1]

if you wanted to make that claim you should have done it before you ruined it. at this point you cant return it in the same condition you received it so tough luck for you, thats my opinion

What I get out of the OP is that he would have NEVER figured out if it was a clone unless he opened it.

 

[sixone]

What I get out of the OP is that he would have NEVER figured out if it was a clone unless he opened it.

He would have found out if a warranty issue came up. No way to know whether that would have happened, or not.

 

[waggy]

oh yeah. also I would notify Amazon. they won't even let you send it back to the seller. they will demand you send it to them or the real manufacture.

 

[SKORPI0]

Hopefully OP gives us the link or at least picture of said clone. Please don't "syringer" ATOT. :\

 

[twinrider1]

This isn't a warranty claim. It's an 'item not as described' claim.....but yes, we'll need to see the wording of the original ad to know for sure.

 

[Dirigible]

Not only do you have the right to raise hell, you have an obligation to raise hell. Like ebay feedback, take the opportunity to protect the field. If the seller is knowingly selling clones without disclosing it they deserve to get dragged through the mud and if they're not aware of it they would definitely want to know.

Yup.

 

[waitman]

Fuck yeah you should get a refund. You didn't get what you paid for. the fact that it is in pieces shouldn't matter

I agree. You had no intention of using the warranty, so do with it what you want. Once you opened it up and discovered it was a fake and not what you "paid" for, you should get your money back. You are not returning a defective product, you are returning a fake. You didn't order a fake, you ordered the real deal as far you knew. Maybe you can Google it and find the original description. You could always use the threat of complaints to your states attorney generals office, the FTC, BBB and maybe the seller would refund. I would just because it was a fake, even if it were $10. Depends on what it's worth to you.

 

[Elixer]

This don't smell right.
We need pics of everything to see what is going on.

If the seller has a history on Amazon, they wouldn't be foolish enough to start selling clone stuff, so, they most likely got burned on this as well.

Since we don't know what the item is, and how it looks now, nothing more can be said.

 

[dabuddha]

Also for what its worth, I recall a people's court episode where the defendant was required to give the money back to the plaintiff for selling a knock off purse and the defendant wasn't allowed to get the purse back.

 

[OBLAMA2009]

What I get out of the OP is that he would have NEVER figured out if it was a clone unless he opened it.

i doubt that story, i cant imagine what this product could be that he wouldnt know if was counterfeit before breaking the internal open

 

[_Rick_]

I say return it and ask your CC-company to contest the payment.
Take pictures of invoice and product to show that what you have is not what you ordered.

...if the invoice does not specify the manufacturer though, then you may have to go via a lawyer to get your money back, as the case becomes tricky to resolve - you have no proof that the contract was for the item of a specific manufacturer and therefore the clone is what you ordered according to the paperwork. Nonetheless, if it was in the description beforehand, it has to be honored - therefore you'll need a judge to figure things out.

Good luck. And more details!

 

[DrPizza]

Just a couple of questions -
1. Does the fact that this is a clone mean that there's something different to it internally which eliminates your ability to do whatever it is you were going to do with it?
2. How do you know for certain that it's a clone? It's not that unusual for a manufacturer to change parts during production, if they get a new supplier of some particular part that will replace the previous part for a lower price.


If you are absolutely certain it's a knock-off, then at the very least, make certain to leave feedback or a review so that other purchasers are aware of what they're going to get.

 

[mikeford]

What is the item?

How do you know its a clone?

Are you sure it was listed as a genuine item?

 

[Tweak155]

ZippyDan sure isn't zippy with the replies.

 

[rudeguy]

If it were me, I wouldn't even bother contacting the seller until I had filed an A-Z claim with Amazon and left a horrible review.

That way the seller is on the defensive instead of me.

 

[PottedMeat]

ZippyDan sure isn't zippy with the replies.

dammit i wanna know what the clone was



i've bought things i've know were a clone (like a ELM code reader) and it worked just fine, but i knew what i was buying.

 

[OBLAMA2009]

If it were me, I wouldn't even bother contacting the seller until I had filed an A-Z claim with Amazon and left a horrible review.

That way the seller is on the defensive instead of me.

this would be the wrong thing to do. i belileve you only get a limited number of a to z's and you dont want to use one up unless the seller is uncooperative. op's story is a little fishy, if it really was counterfeit, i doubt the only way he would have known would have been to break it open. also its suspicious that he isnt telling us what the product is. im not convinced he isnt the scammer.

 

[rudeguy]

this would be the wrong thing to do. i belileve you only get a limited number of a to z's and you dont want to use one up unless the seller is uncooperative. op's story is a little fishy, if it really was counterfeit, i doubt the only way he would have known would have been to break it open. also its suspicious that he isnt telling us what the product is. im not convinced he isnt the scammer.

shut up

 

[Juddog]

You voided the warranty by opening it up; that being said, I would follow up with a one-star review stating that the product is a fake clone.

 

[waggy]

You voided the warranty by opening it up; that being said, I would follow up with a one-star review stating that the product is a fake clone.

how could he have a warranty? he didn't get the product he paid for. no product no warranty.

damn right he should complain and get his money back.

 

[KeithP]

You voided the warranty by opening it up

I doubt the enforceability of such a sticker. Unless it was damaged by the disassembly I find it unlikely that the warranty can be voided in such a manner. Wasn't this one of the scenarios that the Magnuson–Moss Warranty Act was suppose to prevent?

-KeithP

 

[Ns1]

You voided the warranty by opening it up; that being said, I would follow up with a one-star review stating that the product is a fake clone.

A counterfeit company slapping on a warranty sticker does not make a warranty.

 

[SaurusX]

The fact that it's a fake should be more than enough to demand a refund. Yeah, you had to take it apart to find out, but it's not what you ordered. There was no valid warranty to void in the first place because it's fake.

 

[BurnItDwn]

If they sold you a knockoff they probably broke the law. Complain to amazon that they send you garbage junky knock off instead of the correct item. Take photos, get the seller shut down.

 

[Juddog]

I doubt the enforceability of such a sticker. Unless it was damaged by the disassembly I find it unlikely that the warranty can be voided in such a manner. Wasn't this one of the scenarios that the Magnuson–Moss Warranty Act was suppose to prevent?

-KeithP

Wouldn't it depend on where the warranty sticker pointed to though?

If the warranty number was the clone company's, then it would have voided the clone's warranty; that being said, if the warranty sticker was that of the company it was supposed to be from, then yes the company would be violating the law.